Power of Government to vary ceiling area and economic holding. 9

7. Clause (10A) was inserted, ibid., s. 2 (9). The Gujarat Tenancy And Agricultural Lands Act, 1948 7 (i) holds land as mulgenidar or mirasdar; or (ii) by custom, agreement or the decree or order or a Court holds the land on lease permanently; or (b) the commencement or duration of whose tenancy cannot satisfactorily be proved by reason of antiquity; and includes a tenant 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 immediately before the commencement of the Amending Act, 1955]; (11) "person" includes 1[ a joint ] 2[* * ]family; (12) "prescribed" means prescribed by rules made under this Act; (13) "profits of agriculture" in respect of any land means the surplus remaining 3[with the holder] after the expenses of cultivation including the wages of the cultivator working on the land are deducted from the gross produce. 4[Explanation.–If the members of the family of a holder work on the land for the purpose of cultivation thereof, the labour of such members shall be taken into account in estimating the expenses of cultivation referred to in this caluse]; (14) "protected tenant" means a person who is recognised to be a protected tenant 5[under section 4A]; 6[ * * * * * ] (16) "rent" means any consideration, in money or kind or both, paid or payable by a tenant on account of the use or occupation of the land held by him but shall not include the rendering of any personal service or labour; 7[(16A) "serving member of the armed forces" means a person in the service of the armed forces of the Union: Provided that if question arises whether any person is a serving member of the armed forces of the Union, such question shall be decided by the State Government, and its decision shalll be final; (16B) "small holder" means an agriculturist cultivating land less in area than an economic holding who earns his livelihood principally by agriculture or by agricultural labour;] 8[(16C) "specified date" means the date of the coming into force of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1972;] Guj. 5 of 1973. (17) "tenancy" means the relationship of landlord and tenant; 1. These words were substituted for the words "an undivided" by Bom. 13 of 1956, s. 2(10). 2. The word "Hindu" was deleted by Bom. 38 of 1957, s. 2(2). 3. These words were substituted for the words "with the cultivator" by Bom. 13 of 1956, s. 2 (11) (a). 4. This Explanation was inserted, ibid., s. 2 (11) (b). 5. These words, figure and letter were substituted for the words and figures " under section 31", ibid., s. 2(12). 6. Clause (15) was deleted, ibid., s. 2 (13). 7. Clasuses (16A) and (16B) were inserted, ibid., s. 2 (14).