section 2
Definitions
The Gujarat Surviving Alienations Abolition Act, 1963General196320 sections
Statutory text
Definitions. In this Act, unless the context requires otherwise,—
- (1) "Aghat holder" means a holder of land the alienation of which is called an 'Aghat';
- (2) "alienation" means—
- (a) a grant or recognition as a grant of—
- (i) any land, or
- (ii) the land revenue of any land, or
- (iii) the right to or any share of the villages or portions of the villages or any share of the land revenue thereof, passed or made by the ruling authority or its successor before the commencement of this Act, whether or not such grant or recognition is evidenced by an instrument in writing;
- (b) a grant of land revenue of any land or of any share of the villages or portions of the villages in consideration of any past or future service or as a sign of favour;
- (c) a grant of land or land revenue as 'Jiwai' or 'Jiwai grant', and in any such case, the expression 'alienated' shall be construed accordingly;
- (a) a grant or recognition as a grant of—
- (3) "alienee" means the holder of an alienation and includes any person to whom the rights of the alienee have been legally transferred;
- (4) "assessment" means the land revenue assessed or rateable on the land under the provisions of the Code and includes such land revenue as would have been leviable if the land had not been alienated;
- (5) "authorised holder" means—
- (i) in relation to an alienation consisting of land, a person in whose favour the alienation was originally made or his successor-in-interest,
- (ii) in relation to an alienation consisting of land revenue, a person who is the owner of the land to which the alienation relates;
- (6) "Code" means the Bombay Land Revenue Code, 1879, as in force in the State of Gujarat;
- (7) "Collector" includes an officer not below the rank of a Deputy Collector appointed by the State Government to perform the functions of the Collector under this Act;
- (8) "community service inam" means an alienation of land or land revenue made for the purpose of community service and includes such service inam as the State Government may by order specify;
- (9) "covenant" means the covenant entered into by the Rulers of the former Indian States or any agreement entered into by the State Government;
- (10) "forest" has the meaning assigned to it in the Indian Forest Act, 1927;
- (11) "inferior holder" means a holder of land who is in possession or enjoyment of land, but who is not an occupant;
- (12) "Jiwai" or "Jiwaidar" means a grant of land or land revenue made by a Ruler of a former Indian State for the maintenance of a member of his family or a relation;
- (13) "land" means land of every description and includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth;
- (14) "Land Acquisition Act" means the Land Acquisition Act, 1894;
- (15) "prescribed" means prescribed by rules made under this Act;
- (16) "Ruler" in relation to any former Indian State, means the Prince or Chief who for the time being was recognised by the President as the Ruler of such State;
- (17) "Schedule" means a Schedule appended to this Act;
- (18) "settlement" means a settlement of land revenue made under the provisions of the Code;
- (19) "surviving alienation" means an alienation to which the provisions of this Act apply under section 3;
- (20) "village" means a village recognized as such in the revenue records.
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