Definitions

(A) In this Act, unless the context otherwise requires,— (1) "agriculture" includes,— (a) aquaculture; (aa) horticulture; (b) the raising of crops, grass or garden produce; (c) dairy farming; (d) poultry farming; (e) breeding of livestock; (f) grazing; but does not include the cutting of wood only; (2) "agricultural labourer" means a person whose principal means of livelihood is manual labour on land and includes an artisan whose principal means of livelihood is preparation of agricultural implements; (3) "agriculturist" means a person who cultivates land personally; (4) "Amendment Act" means the Karnataka Land Reforms (Amendment) Act, 1973; (4A) x x x (5) "appointed day" means the date appointed under sub-section (3) of section 1; (5A) "Assistant Commissioner" means an Assistant Commissioner appointed under the Karnataka Land Revenue Act, 1964 and includes a Special Assistant Commissioner for Land Reforms and an Additional Special Assistant Commissioner for Land Reforms appointed by the State Government to exercise all or any of the powers of the Assistant Commissioner under this Act; (6) x x x (7) "ceiling area" means the extent of land which a person or family is entitled to hold under section 63; (8) "co-operative society" means a co-operative society as defined in the Karnataka Co-operative Societies Act, 1959; (9) "co-operative farm" means a co-operative farm registered as provided in section 91; (9A) "Court" means the Court of Munsiff within the local limits of whose jurisdiction the land is situate; (10) "to cultivate" with its grammatical variations and cognate expressions means to till or husband the land for the purpose of raising or improving agricultural produce whether by manual labour or by means of cattle or machinery, or to carry on any agricultural operation thereon; and the expression "uncultivated" shall be construed correspondingly; Explanation.—A person who takes up a contract to cut grass, or to gather the fruits or other produce of any land, shall not on that account only be deemed to cultivate such land; (11) "to cultivate personally" means to cultivate land on one‘s own account,— (i) by one‘s own labour, or (ii) by the labour of any member of one‘s family, or (iii) by hired labour or by servants on wages payable in cash or kind, but not in crop share, under the personal supervision of oneself or any member of one‘s family; Explanation I.—In the case of an educational, religious or charitable institution or society or trust, of a public nature capable of holding property, formed for educational, religious or charitable purpose, the land shall be deemed to be cultivated personally if such land is cultivated by hired labour or by servants under the personal supervision of an employee or agent of such institution or society or trust; Explanation II.—In the case of a joint family, the land shall be deemed to be cultivated personally, if it is cultivated by any member of such family. Explanation III.—x x x (12) "family" means,— (a) in the case of an individual who has a spouse or spouses, such individual, the spouse or spouses and their minor sons and unmarried daughters, if any; (b) in the case of an individual who has no spouse, such individual and his or her minor sons and unmarried daughters; (c) in the case of an individual who is a divorced person and who has not remarried, such individual and his minor sons and unmarried daughters, whether in his custody or not; and (4A) x x x (5) "appointed day" means the date appointed under sub-section (3) of section 1; (5A) "Assistant Commissioner" means an Assistant Commissioner appointed under the Karnataka Land Revenue Act, 1964 and includes a Special Assistant Commissioner for Land Reforms and an Additional Special Assistant Commissioner for Land Reforms appointed by the State Government to exercise all or any of the powers of the Assistant Commissioner under this Act; (6) x x x (7) "ceiling area" means the extent of land which a person or family is entitled to hold under section 63; (8) "co-operative society" means a co-operative society as defined in the Karnataka Co-operative Societies Act, 1959; (9) "co-operative farm" means a co-operative farm registered as provided in section 91; (9A) "Court" means the Court of Munsiff within the local limits of whose jurisdiction the land is situate; (10) "to cultivate" with its grammatical variations and cognate expressions means to till or husband the land for the purpose of raising or improving agricultural produce whether by manual labour or by means of cattle or machinery, or to carry on any agricultural operation thereon; and the expression "uncultivated" shall be construed correspondingly; Explanation.—A person who takes up a contract to cut grass, or to gather the fruits or other produce of any land, shall not on that account only be deemed to cultivate such land; (11) "to cultivate personally" means to cultivate land on one's own account,— (i) by one's own labour, or (ii) by the labour of any member of one's family, or (iii) by hired labour or by servants on wages payable in cash or kind, but not in crop share, under the personal supervision of oneself or any member of one's family; Explanation I.—In the case of an educational, religious or charitable institution or society or trust, of a public nature capable of holding property, formed for educational, religious or charitable purpose, the land shall be deemed to be cultivated personally if such land is cultivated by hired labour or by servants under the personal supervision of an employee or agent of such institution or society or trust; Explanation II.—In the case of a joint family, the land shall be deemed to be cultivated personally, if it is cultivated by any member of such family. Explanation III.—x x x (12) "family" means,— (a) in the case of an individual who has a spouse or spouses, such individual, the spouse or spouses and their minor sons and unmarried daughters, if any; (b) in the case of an individual who has no spouse, such individual and his or her minor sons and unmarried daughters; (c) in the case of an individual who is a divorced person and who has not remarried, such individual and his minor sons and unmarried daughters, whether in his custody or not; and (d) where an individual and his or her spouse are both dead, their minor sons and unmarried daughters; (12A) "financial institution" means,— (i) a banking company as defined in the Banking Regulation Act, 1949; (ii) the State Bank of India constituted under the State Bank of India Act, 1955; (iii) a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959; (iv) a corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970; (v) the Agricultural Refinance and Development Corporation constituted under the Agricultural Refinance Corporation Act, 1963; (vi) the Karnataka State Agro-Industries Corporation, a company registered under the Companies Act, 1956; (vii) the Agricultural Finance Corporation Limited, a company incorporated under the Companies Act, 1956; and (viii) any other institution notified by the State Government as a financial institution for the purpose of this Act; (13) x x x (14) x x x (15) "improvement" means, with reference to any land, any work which adds to the productivity of the land and which is suitable thereto and consistent with the purpose for which it is held and which, if not executed on the land, is either executed directly for its benefit or is, after execution, made directly beneficial to it; and, subject to the foregoing provisions, includes,— (a) the construction of tanks, wells, water channels, embankments and other works for the 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 planting of trees or plantation crops and the reclaiming, clearing, enclosing, levelling or terracing of land; (d) the erection of buildings on or in the vicinity of the land, elsewhere than in the municipal or urban area, reasonably required for the convenient or profitable use or occupation of the holding; and (e) the renewal or reconstruction of any of the foregoing works, or alterations therein or additions thereto; but does not include temporary wells and such water-channels, embankments, levellings, enclosures or other works, or petty alterations or repairs to such works, as are commonly made by cultivators of the locality in the ordinary course of agriculture; Explanation.—A work which benefits several lands may be deemed to be an improvement with respect to each of such holdings; (16) "intermediary" means any person who, not being a land-owner, has an interest in the land, and is entitled, by reason of such interest, to possession thereof, but has lawfully transferred such possession to others; (17) "joint family" means in the case of persons governed by Hindu Law, an undivided Hindu family, and in the case of other persons, a group or unit the members of which are by custom joint in estate or residence; (18) "land" means agricultural land, that is to say, land which is used or capable of being used for agricultural purposes or purposes subservient thereto and includes horticultural land, forest land, garden land, pasture land, plantation and tope but does not include house-site or land used exclusively for non-agricultural purposes; (19) "landless person" means a person who, holding no land whether as owner or tenant, earns his livelihood principally by manual labour on land, and intends to take to the profession of agriculture; (20) "landlord" means a person who has leased land to a tenant and includes a person entitled to receive rent from a tenant. Explanation.—An intermediary such as a permanent tenant or mulgenidar, mirasi-tenant or khata kul who having taken land on lease from the land-owner has leased it to another person shall be deemed to be the landlord with reference to the person to whom the land is leased; (21) "land-owner" means an owner of land and includes a trustee or mortgagee with possession thereof; (21A) "land revenue" means all sums and payments received or claimable by or on behalf of the State Government from any person on account of land held by or vested in him as fixed at a settlement of land revenue current in the area in which the land is situated. Explanation.—In the case of any village in which settlement of land revenue has not been made, an amount equal to the land revenue assessment levied on the same extent of similar land in an adjoining village in which settlement of land revenue has been made shall be deemed to be the land revenue for purposes of this clause; (21B) "limited owner" means any person entitled to a life estate in any land and includes persons deriving rights through him. Explanation.—A person who has right to enjoy land during his life time shall be deemed to be a limited owner notwithstanding that he has no power to alienate the land; (22) "notification" means a notification published in the official Gazette; (23) "permanent tenant" means a tenant who cultivates land personally,— (a) the commencement or duration of whose tenancy cannot satisfactorily be proved by reason of antiquity of such tenancy; or (b) whose name or the name of whose predecessor-in-title has been entered in the record of rights or in any public record or in any other revenue record as a permanent tenant; or (c) who by custom, agreement or the decree or order of a court holds the land on lease permanently; or (d) who holds land as mulgenidar, mirasdar or khata kul; and includes any person whose tenancy is under the provisions of any law presumed to be co-extensive with the duration of the tenure of the landlord; (24) x x x (25) "plantation crops" means cardamom, coffee, pepper, rubber and tea; (26) "prescribed" means prescribed by rules made under this Act; (31A) ―soldier‖ means a person in the service of the Armed Forces of the Union and for purposes of resumption of land and transfer of the resumed land includes in the case of a soldier who has died while in service as such soldier, the father, the mother, the spouse, the child and the grand child who were dependent upon such soldier at the time of his death: Provided that if a question arises whether any person is a soldier or whether any soldier has died while in service as such soldier, such question shall be decided by the State Government, and its decision shall be final; (32) ―stridhana land‖ means any land held by any female member of a family in her own name; (32A) ―Tahsildar‖ includes a Special Tahsildar empowered by the State Government to exercise all or any of the powers of the Tahsildar under this Act; (33) ―tenancy‖ means the relationship of landlord and tenant; (34) ―tenant‖ means an agriculturist who cultivates personally the land he holds on lease from a landlord and includes,— (i) a person who is deemed to be a tenant under section 4; (ii) a person who was protected from eviction from any land by the Karnataka Tenants (Temporary Protection from Eviction) Act, 1961; (iia) a person who cultivates personally any land on lease under a lease created contrary to the provisions of section 5 and before the date of commencement of the Amendment Act. (iii) a person who is a permanent tenant; and (iv) a person who is a protected tenant. Explanation.—A person who takes up a contract to cut grass, or to gather the fruits or other produce of any land, shall not on that account only be deemed to be a tenant; (35) ―Tribunal‖ means the Tribunal constituted under section 48; (35A) ―Unit‖ means one acre (40.47 ares) of A Class land, the soil classification value of which is fifty paise (eight annas) and above or an extent equivalent thereto consisting of one or more classes of other land specified in Part A of Schedule I determined in accordance with the formula in Part B of the said Schedule. (36) ―unmarried daughter‖ means a daughter who has never been married; (37) ―village‖ means a village recognised as such in the revenue accounts. (B) Words and expressions used in this Act but not defined shall have the meaning assigned to them in the Karnataka Land Revenue Act, 1964, and the Transfer of Property Act, 1882, as the case may be. (C) x x x