Definitions

Definitions.-In this Act, unless there is something repugnant in the subject or context,--

1. (1) "estate" means any area-
   • (a) for which a separate record-of-rights has been made ;
   • (b) which has been separately assessed to land revenue, or would have been so assessed if the land revenue had not been released, compounded for or redeemed ; or
   • (c) which the Government may, by general rule or special order, declare to be an estate ;
2. (2) "land" means land which is occupied or has been let for agricultural purposes or for purposes subservient to agriculture or for pasture, and includes the site of buildings and other structures situated in such land and trees standing on such land, as well as area covered by or fields floating over water, and sites of jandars and gharats but does not include the sites of any building in a town or village abadi or any land appurtenant to such building or sites :
3. (3) "land-holders" does not include a tenant or an assignee of land revenue, but does include land-owner, chakdar, and a person to whom a holding has been transferred or an estate or holding has been let in farm under this Act for the recovery of an arrear of land revenue, or of a sum recoverable as such arrear, and every other person not hereinbefore in this clause mentioned who is in possession of an estate or any share or portion thereof, or in the enjoyment of any part of the profits of an estate ;
4. (4) "holding" means a share or portion of an estate held by one land-holder or jointly by two or more land-holders :
5. (5) "rent", "tenant", "landlord" and "tenancy" have the meanings respectively assigned to those words in the Jammu and Kashmir Tenancy Act, 1980 ;
6. (6) "land revenue" includes assigned land revenue and any sum payable in respect of land by way of quit rent or of commutation for service to the Government or to a person to whom the Government has assigned the right to receive the payment ;
7. (7) "arrear of land revenue" means land revenue which remains unpaid after the date which it becomes payable ;
8. (8) "defaulter" means a person liable for an arrear of land revenue, and includes a person who is responsible as surety for the payment of the arrear 1[or is a lambardar or a public servant who recovers the land revenue ;]
9. (9) "rates and cesses" means rates and cesses which are primarily payable by land-holders and includes-
   • (a) any annual rate chargeable on holders of lands under section 56 of the Jammu and Kashmir State Canal and Drainage Act, 1963 ;
   • (b) the village officer's cesses ;
   • (c) the education and road cesses
   • (d) sums payable on account of village expenses ; and
   • (e) sanitation cess ;
10. (10) "village cess" includes any cess, contribution or due which is customarily leviable within an estate and is neither a payment for the use of private property or for personal service, nor imposed by or under any enactment for the time being in force ;
11. (11) "village officer" means and includes 2[x x x x] 3[x x x] a lambardar, 4[x x x] ;
12. (12) "Revenue officer" in any provision of this Act means a Revenue officer having authority under this Act, to discharge the functions of a Revenue officer under that provision ;
13. (13) 5["Muafidar"] includes any person, other than a village servant, to whom the land revenue of any land has been assigned in whole or in part by the Government ;
14. (14) "agricultural year" means as regards the State except the districts of Ladakh and Gilgit, the year commencing on the 15th of August, and as regards the districts of Ladakh and Gilgit, the year commencing on the 15th of April] . Provided that, the Government may, by previous notification in the Government Gazette, alter this definition ;
15. (15) "notification" means a notification published in the official Gazette by authority of Government ;
16. (16) "incumbrance" means a charge upon or claim against land arising out of a private grant or contract ;
17. (17) "survey-mark" includes boundary mark ;
18. (18) "date of a Regular Settlement" means, as regards any estate, the date on which the record-of-rights of that estate, prepared at such Settlement, was finally attested.