Section 2 in Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956
2. Definitions.
- In this Act, unless there is anything repugnant in the subject or context. -(1)"Agricultural year" means the year commencing on the first day of April;(2)[ "Consolidation Officer" means an officer appointed by the State Government to discharge all or any of the functions of the Consolidation Officer under this Act and he shall be an officer of Gazetted rank;] [Substituted by Section 2 of Bihar Act 27 of 1975.](2a)[ "Assistant Consolidation Officer" means an officer appointed by the State Government to discharge all or any of the functions of the Assistant Consolidation Officer under this Act and who shall be an officer not below the rank of Kanungo,] [Inserted by Bihar Act 27 of 1975.](3)"Consolidation" includes re-arrangement of parcels of land comprised in a holding or in different holdings for the purpose of rendering such holdings more compact;[Explanation. - For the purpose of this clause, holding shall not include the following. -(i)land which was orchard or grove in the agricultural year immediately preceding the year in which the notification under Section 3 was issued;(ii)land subject to fluvial action and intensive soil erosion;(iii)such compact areas as are normally subject to prolonged water-logging;(iv)such other areas as the Director of Consolidation may declare to be unsuitable for the purpose of consolidation;](3a)[ "Chak" means every parcel of land allotted to a raiyat or the under-raiyat on consolidation; [ Clause (3a) and (3b) inserted by Bihar Act 27 of 1975.](3b)"rectangulation" means the process of dividing the area of a unit into rectangles or part of rectangles of convenient sizes with a view to regulate the allotment of Chaks, during consolidation operation;](4)[ "Director of Consolidation" means the officer appointed as such by the State Government to exercise the powers and perform the duties of Director of Consolidation under this Act or the rules made thereunder and shall include an Additional Director of Consolidation and a Joint Director of Consolidation; [Added by Bihar Act 27 of 1975.](4a)"Deputy Director of Consolidation" means an officer not below the rank of Additional District Collector appointed as such by the State Government to exercise such powers and perform such duties of the Director of Consolidation as may be delegated to him by the State Government and shall include an Assistant Director of Consolidation;(4b)"Assistant Director of Consolidation" means an Officer not below the rank of Deputy Collector appointed as such by the State Government to exercise the powers and perform the duties of an Assistant Director of Consolidation under this Act or the rules made thereunder;](5)[ "Fragment" means a piece of land being in area less than. - [Substituted by Bihar Act 27 of 1975.](a)one acre of land irrigated by flow irrigation work or tubewell or lift irrigation;(b)two acres of unirrigated land;(c)four acres of hilly or sandy land:Provided that no piece of land shall be deemed to be a fragment by reason of any diminution in its area by diluvion;] [Added by Bihar Act 27 of 1975.](6)"Gram Panchayat" means a Gram Panchayat established under Section 3 of the Bihar Panchayat Raj Act, 1947 (Bihar Act VII of 1948);(7)"Holding" means a parcel or parcels of land held by a raiyat and forming the subject matter of a separate tenancy;(8)"encumbrance" includes the right of an under-raiyat in a holding or part thereof, but does not include a right of easement;(9)"Land" means agricultural land, and includes horticultural land, Kharaur land, land with bamboo clumps, pasture land, cultivable waste land, homesteads, tanks, wells and water channels;(10)"Landless labour" means a person whose main source of livelihood is agriculture or agricultural labour and who does not hold any land or holds land not exceeding such area as may be prescribed;(11)"Notified areas" means any area in respect of which a notification is made under Section 3;(12)"Prescribed" means prescribed by rules made under this Act;(13)"Public purpose" includes any purpose in relation to any common need, convenience or benefit of the village or villages;(14)"Raiyat" means primarily a person who has acquired a right to hold land for the purpose of cultivating it by himself, or by members of his family or by hired servants or with the aid of partners, and includes, also the successors-in-interest of persons who have acquired such a right and includes-(i)in the district of the Santhal Parganas a village headman in respect of his private holding, if any; and(ii)in the areas to which the Chota Nagpur Tenancy Act, 1908 (Ben. Act VI of 1908), applies, a mundari Khunt kattidar and Bhuinhar;(15)[x x x] [Deleted by Bihar Act 27 of 1975.](16)"Scheme" means a scheme for the consolidation of holdings;(17)"Under-raiyat" means a tenant, holding whether immediately or mediately under a raiyat;(18)[ "Unit" means a village or part of a village and where the director of Consolidation so notifies, by publication in the Official Gazette, two or more villages for which a single scheme of consolidation is to be framed;] [Inserted by Bihar Act 27 of 1975.](19)[ "Village Advisory Committee" means the Village Advisory Committee constituted under Section 7; and [Clause (18) and (19) renumbered as Clause (19) and (20) respectively by Bihar Act 27 of 1975.](20)[ all words and expressions used, but not defined in this Act, shall have-(i)in their application to any area in which the Bihar Tenancy Act, 1885 (VIII of 1885), is in force, the same meaning as are assigned to them in that Act;(ii)in their application to any area in which the Chota Nagpur Tenancy Act, 1908 (Ben. Act VI of 1908), is in force the same meanings as are assigned to them in that Act; and(iii)in their application to any area in which the Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949 (Bihar Act XIV of 1949), is in force, the same meanings as are assigned to them in that Act.]
