section 2
Definitions
The Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949Chapter I PRELIMINARY
In this Ordinance, unless there is anything repugnant in the subject or context; (a) “Agency” means the former Western India and Gujarat State Agency; (b) “agriculture” includes horticulture, raising of crops fodder or garden produce, dairyfarming, poultry froming, stock breeding and grazing, but does not include cutting of wood only; (c) “agriculturist” means a person who cultivates the land personally; (d) “an agreeing Talukdar or Estate-holder” mean a Talukdar or Estateholder who has entered into an agreement with the Government of India to accept Zamindari of his Taluka or Estate and to merge his Taluka or Estate in the State of Kathiawar known thereafter as the State of Saurashtra; (e) “Bid land” means such land as has been used by the landholder for grazing his cattle or for cutting grass for the use of his cattle for not less than 10 years previous to 1st January, 1948; (f) “to cultivate” means to carry on any agricultural operation; (g) “to cultivate personally” means to cultivate on one’s own account- (1) by one’s own labour, or (2) by the labour of any member of one’s family, or (3) by servants on wages payable in cash or kind, but not in cropshares or by hired labour, under one’s personal supervision or of any member of one’s family; Explanation I.- An agriculturist who is a widow or a minor or is subject to any physical or mental disability or who is in active service of the Government of the State of Saurashtra, the Government of India or any State Government in India, shall be deemed to cultivate the land personally if it is cultivated by her or his servants or by hired labour; Explanation II.- In the case of Undivided Hindu Family, the land shall be deemed to have been cultivated personally if it is cultivated by any member of such family; (h) “Gharkhed” means land reserved by a landholders for cultivating personally: Provided that the land shall continue to be Gharkhed land even if a landholder allows the same to be cultivated by the tenent cultivating the land on the 1st January, 1948; (i) “Government” means the Government of the State of Saurashtra; (j) “improvement” means with reference to any land, any work which adds to the value of the land and which is suitable thereto as also consistent with the purpose for which it is held and includes,- (a) the construction of tanks, well, water channels, embankments and other works for storage, supply or distribution of water for agricultural purposes; (b) the construction of works for the drainage of land or for the protection of land from floods or from erosion or other damage from water; (c) the reclaiming, clearing, enclosing, levelling or terracing of land; (d) the erection of building on the land required for the convenient or profitable use of such land for agricultural purposes; and (e) the renewal or re-costruction of any of the foregoing works or alterations therein or additions thereto as are not of the nature of ordinary repairs; but does not include such clearances, embankments, levelling, enclosures, temporary wells, water channels and other works as are commonly made by the tenants in the ordinary cource of agriculture; (k) “land” means land which is used for agricultural purpose and includes:- (a) sites of farm building appurtenant to land used for agricultural purposes; and (b) sites of dwelling houses occupied by agriculturists, agricultural labourers or artisans and land appurtenant to such dwelling houses;
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