Definitions

(1) In this Act, unless the subject or context otherwise requires,- (a) “competent authority” means an officer authorised by the Government by notification in the Official Gazette, to act as competent authority for the discharge of the functions and duties of the “competent authority” as prescribed under this Act, who shall not be below the rank of Sub-Divisional Magistrate(SDM); (b) “disturbed area” means an area declared as disturbed area under section 3 and includes an area of five hundred meters adjacent to the boundary of the disturbed area; (c) “fair value” in relation to immovable property situated in disturbed areas means market value of the property or District Level Committee rate, whichever is higher; (d) “Government” means the State Government of Rajasthan; (e) “immovable property” means immovable property as defined in the Transfer of PropertyAct,1882 (Central Act No. 4 of 1882); (f) “improper clustering of persons of one community” means concentration or congregation of persons of a community in any locality or area arising from coercive, distress-driven, or otherwise unhealthy circumstances, or which causes or is likely to cause demographic imbalance, segregation, communal tension, or disturbance of public order, social harmony or the mixed-community character of the locality or area; (g) “person” means any person, individual, group of person, society or trust either registered or unregistered, company or association or body of persons, whether incorporated or not; (h) “prescribed” means prescribed by rules made under this Act; (i) “re-development of immovable property” means the carrying out of any activity for the purpose of re-planning, re-designing, re-constructing, altering or improving an existing immovable property, with or without demolition, whether partial or complete, of any structure standing thereon; (j) “Sanhita” means the Bharatiya Nyaya Sanhita, 2023 (Central Act No. 45 of 2023); and (k) “transfer” for the purposes of this Act in relation to an immovable property means a transfer of right, title or interest in or over such property or the possession thereof by way of sale, gift, exchange, lease or otherwise and includes allowing possession of such property to be taken or retained- (i) under an agreement to sale; or (ii) under the power of attorney; or (iii) in part performance of contract of the nature referred to in section 53A of the Transfer of Property Act, 1882 (Central Act No. 4 of 1882); or (iv) under any other document, whether registered or unregistered or whether notarized or not, evidencing transfer of possession of such property. (2) Words and expressions used in this Act, but not defined herein but defined in the Bharatiya Nyaya Sanhita, 2023 (Central Act No. 45 of 2023) and the Bharatiya Nagarik Suraksha Sanhita, 2023 (Central Act No. 46 of 2023) and the Rajasthan General Clauses Act, 1955 (Act No. 8 of 1955), the Indian Contract Act, 1872 (Central Act No. 9 of 1872) and any other law for the time being in force in India or State of Rajasthan shall have the meanings respectively assigned to them in those Sanhitas/Acts.