Ceiling area. 8

5. This proviso was added by Guj. 16 of 1960, s. 2. The Gujarat Tenancy And Agricultural Lands Act, 1948 3 (1A) "agricultural labourer" means a person whose principal means of livelihood is manual labour on land;] (2) "agriculturist" means a person who cultivates land personally; 2 [(2A) "allied pursuits" means dairy farming, poultry farming, breeding of livestock, grazing 2 [(other than the pasturage of one's own agricultural cattle)] and such other pursuits as may be prescribed; (2B) "appointed day" means the 15th day of June, 1955. (2C) "backward area" means any area declared by the State Government to be a backward area, being an area in which, in the opinion of the State Government, socially, economically and educationally backward classes of citizens predominate, and includes an area declared to be Scheduled area under paragraph 6 of the Fifth Schedule to the Constitution of India; (2D) "ceiling area" means in relation to land held by a person, whether as an owner or tenant or partly as owner and partly as tenant, the area of land fixed as a ceiling area under section 5 or 7; Bom. V (2E) "Collector" includes an Assistant or Deputy Collector performing the duties of 1879. and exercising the powers of the Collector under the Bombay Land Revenue Code, 1879, or any other officer specially empowered by the State Government to perform the function of the Collector under this Act;] Bom. VII (3) "Co-operative Socitey" means a society registered under the provisions of the of 1925. Bombay Co-operative Society Act, 1925, or a society deemed to have been registered under the said Act; Bom. VII (4) Co-operative Farming Society" means a society registered as such under the of 1925. Bombay Co-operative Socities Act, 1925; 3[ (5) "to cultivate" which 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 constructed correspondingly. Explanation.–A person who takes up a contract to cut grass, or to gather the fruits or other produce of trees on any land, shall not on that account only be deemed to cultivate such land;] 4[ (6) "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) under the personal supervision of oneself or any member or one's family, by hired labour or by servants on wages payable in cash or kind but not in crop share. 5[ * * * ] 1. Clauses (2A) , (2B), (2C), (2D) and (2E) were substituted for clauses (2A) by Bom. 13 of 1956, s. 2(2). 2. This protion was inserted by Bom. 15 of 1957, s. 2(b). 3. Clause (5) was substituted for the original by Bom. 13 of 1956, s. 2 (3). 4. Clause (6) was substituted for the original, ibid., s. 2 (4). 5. This portion was deemed always to have been deleted by Guj. 3 of 2001, s. 2. The Gujarat Tenancy And Agricultural Lands Act, 1948 5 1[ * * * * * *] Explanation I.—A widow or a minor, or a person is subject to physical or mental disability, or a serving member of the armed forces shall be deemed to cultivate the land personally if such land is cultivated by servants, or by hired labour, or through tenants. Explanation II.— In the case of a joint family, the land shall be deemed to have been cultivated personally, if it is cultivated by any member of such family, 2[and in the case of a family other than a joint family, a person, other than the husband, or, as the case may by, wife of the person concerned or any of his lineal descendants dependant on him, shall not be deemed to be a member of the family.] 3[ * * * * * *] 4[ * * * * * *] 5[ (6A) "to hold land" as an owner or tenant shall, for the purposes of clause (2D) of this section and sections 32A, 32B, 34 and 35, mean to be area of land fixed as an economic holding under section 6 or 7; (6B) "fragment" means a fragment as defined in sub-section (4) of section 2 of the Bom. LXII of Bombay prevention of Fragmentation and Consolidation of Holdings Act, 1947]; 1947. 6[(6C) "to hold land" as an owner or tenant shall, for the purposes of clause (2D) of this section and sections 32A, 32B, 34 and 35, mean is be lawfully in actual possession of land as an owner or tenant, as the case may be;] (7) "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, wells, water channels, embankments and other works for storage, supply or distribution of water for agricultural purpose; (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 buildings on the land, required for the convenient or profitable use of such land for agricultural purpose; and 1. This proviso was deleted by Guj. 5 of 1973, s. 2(1) (a). 2. This portion was added, ibid., s. 2(1) (b). 3. Explanation III inserted by Guj. 5 of 1973, s. 2(1) (c) was deemed always to have been deleted by Guj. 3 of 2001, s. 2. 4. Clause (6AA) which was inserted by Bom. 38 of 1957, s. 2(1) was deleted by Bom. 63 of 1958, s. 2. 5. Clauses (6A) and (6B) were inserted by Bom. 13 of 1956, s. 2(5).