(7) This Regulation may be called the Dadra and Nagar Haveli Land Reforms Regulation, 1971.
(2) It extends to the whole of the Union territory of Dadra and Nagar Haveli.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint;
Short title, extent and commencement.
( 4 6 9 ) 470 THE GAZETTE OF TNDIA EXTRAORDINARY [PART H— Definitions.
Provided that different dates may be appointed for different provisions of this Regulation and any reference in any such provision to the commencement of this Regulation shall be construed as a reference to the coming into force of that provision.
2. In this Regulation, unless the context otherwise requires,—
(1) "Administrator" means the administrator of the Union territory of Dadra and Nagar Haveli, appointed under article 239 of the Constitution;
(2) "agricultural labourer" means a person whose principal means of livelihood is the income he gets as wages in cash or in kind, or partly in cash and partly in kind, in connection with manual labour on agricultural land, but does not include a tenant;
(3) "agricultural land" means land which is used or capable of being used for the purpose of agriculture and includes,—
(a) the sites of farm-buildings on or appurtenant to such land;
(b) grass land capable of being used for the purpose of agriculture, but does not include forest land.
Explanation.—If any question arises as to whether any grass land Is capable of being used for the purpose of agriculture, such question shall be decided by the prescribed authority;
(4) "agricultural season" means the period commencing from 1st June and ending with 3l0th November of any year, or such other period as the Administrator may, by notification in the Official Gazette, appoint;
(5) "agriculture" includes—
(i) horticulture;
(ii) the raising of crops or garden produce;
(Hi) the use by an agriculturist, or a dairy farmer, of land held by him, or part thereof, for grazing his cattle;
(iv) the use of any land, whether or not an appendage to;
paddy land, for the purpose of rab-manure;
(v) dairy farming;
(vi) poultry farming; and
(vii) stock breeding.
Explanation.—If any question arises as to whether any land or part thereof is used for any of the pursuits specified in sub-clause
(in) or sub-clause (iv), such question shall be decided by the prescribed authority;
(6) "agriculturist" means a person who cultivates land personally;
(7) "Alwara" means a document evidencing the grant of concession to enjoy land given under article 50 of the Organizacao Agraria;
fiW. 1] THE GAZETTE OF INDIA EXTRAORDINARY 4Jt
(8) "Alwara-holder", in relation to any land, means a person in whose favour an Alwara has been granted in respect of that land and includes the successor-in-interest of such person and where such land has been mortgaged with possession to any other person, such other person;
(9) "appointed day" means the 20th day of August, 1964, being the date on which the Land Reforms Commission for the Union territory of Dadra and Nagar Haveli was appointed;
(10) "ceiling area" means the ceiling area within the meaning of section 8;
(77) "Collector" means the Collector of Dadra and Nagar Haveli and includes any officer, not below the rank of a Sub-Divisional Officer, specially empowered by the Administrator, by notification in the Official Gazette, to exercise and perform all or any of the powers and functions of the Collector under this Regulation;
(72) "farming society" means a society registered or deemed to be registered as a farming society under any law, for the time being in force, relating to the registration of co-operative societies;
(13) "forest land" means any land in the Union territory of Dadra and Nagar Haveli which the Administrator may, having regard to the tree-growth therein, the object for which such trees or their produce are or is put to use or can be used, and the virginity of the soil of such land, by notification in the Official Gazette, declare to be a forest land;
(14) "Government" means the Central Government;
(15) "grass land" means land in which naturally growing grass •is the main produce, irrespective of the purpose for which such gratis may be used;
(16) "joint family" means,—
(a) in relation to persons governed by the Hindu law, a Hindu undivided family;
(b) in relation to others, a group or unit the members of which are, by custom oT usage, joint in estate or possession or residence;
(77) "landless person" means an agricultural labourer who does not possess any land for purposes of agriculture and who intends to take to the profession of agriculture;
(78) "landlord" means a person under whom a tenant holds land and to whom he is liable to pay rent;
(79) "Land Revenue Regulation" means the Dadra and Nagar Haveli Land Revenue Administration Regulation, 1971;
(20) "Organizaeao Agraria" means the Organizacao Agraria for Nagar Haveli published as Portaria Provincial No. 985, dated the 22nd day of September, 1919, as amended from time to time;
472 THE GAZETTE OF INDIA KXTRAORDiNARY [PART IT—
(21) "person" includes a company, family, joint family, association or other body of individuals, whether incorporated or not, and any institution capable of holding property;
(22) "personal cultivation", with its grammatical variations and cognate expressions, means cultivation by a person on his own account—
(i) by his own labour, or
(ii) by the labour of any member of his family, or (Hi) by servants or by hired labour on wages, payable in cash or in kind (but not as a share of the produce), under the personal supervision of himself or of any member of his family.
Explanation 1.—Land shall not be deemed to be cultivated under the personal supervision of a person or a member of his family unless such person or member resides, during the major part of the agricultural season, in the village in which the land or the major part thereof is situated or in a place situated within a distance of not more than eight kilometers from such village.
Explanation 2.—In the case of a person under disability, supervision by a paid employee on behalf of such person shall be deemed to be personal supervision.
Explanation 3.—For the purpose of this clause "member of a family" means father, mother, spouse, brother, son, grandson or dependent sister or daughter and in the case of a Hindu undivided family, a member thereof and also a divorced and dependent daughter;
(23) "person under disability" means—
(i) a widow; or
(ii) a minor; or
(in) a woman, who is unmarried, or who, if married, is divorced or judicially separated from her husband, or whose husband is a person falling under sub-clause (iv) or sub-clause (v);
or
(iv) a member of the Armed Forces of the Union; or
(v) a person who by reason of some mental or physical disability is incapable of cultivating land by personal labour or personal supervision;
(2,4) "prescribed" means prescribed by rules made under this Regulation;
(25) "prescribed authority", in relation to any provision of this Regulation, means such, officer or authority as the Administrator may, by notification in the Official Gazette, specify in this behalf for the purpose of that provision;
(26) "rent" means whatever is lawfully payable periodically as rent, in cash or in kind, or partly in cash and partly in kind, whether as i fixed quantity of the produce or as a share of the produce on account of the use or occupation of land or on account of any right in land but does not include land revenue;
SEC. 1] THE GAZETTE OF INDIA tiXTRAORDINAtlY 475
(27) "Scheduled Castes" and "Scheduled Tribes" shall have the same meanings as are respectively assigned to them in clauses (24) and (25) of article 3G6 of the- Constitution;
(28) "small holder" means a person who possesses or cultivates land the extent of which is less than one-fifths of the ceiling area, and who earns his livelihood principally by agriculture or by agricultural labour;
(29) "tenant" means a person who possesses land on lease, under an agreement, whether oral or written, and includes—
(i) a person who is deemed to be a tenant under section 41;
(ii) a person who is a tenant within the meaning of subclause (9) of clause 2 of the Free Dadra and Nagar Haveli Tenancy and Agricultural Lands Ordinance, 1961;
(iii) a Wavaledar; and
(iv) a sub-lessee, but does not include an Alwara-holder, a Terem-holder and a temporary lessee under the Government referred to in section 5.
Explanation.—For the purpose of this clause "Wavaledar", in relation to any land, means a person who has been given such land by the owner thereof in consideration of rendering service to such owner and the land so given is under the personal cultivation o~f such person;
(30) "TerenT means a lease of land granted under article 84 of the Organizacao Agraria;
(31) "Terem-holder", in relation to any land, means a person in whose favour a Terem has been granted in respect of that land and includes the successor-in-interest of such person and where such land has been mortgaged with possession to any other person, such other person;
(32) "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 expressions "cultivated" and "uncultivated" shall be construed accordingly;
(33) "to possess land" means to be in lawful and actual possession of land;
(34) "village site" means any area recognised according to any survey, custom or usage as village site on the date appointed under section 3;
(35) all other words and expressions used but not defined in this Regulation, but defined in the Land Revenue Regulation, shall have the same meanings as are respectively assigned to them in that Regulation.
4>4 T H E GAZtlTTM Of INDIA EXTRAORDINARY [PART II^- Extinguishment of concessions under AIWBIB, Terem, Me.
Grant of occupancy rights in respect of lands vesting In Government under section 3>
CHAPTER II ABOLITION OF AL,WAHA AND TEREM TENURES AND GRANT OF OCCUPANCY RIGHTS
3. Notwithstanding anything contained in any law for the time being in force or in any custom or usage or in any agreement settlement, grant, Alwara, Terem or other instrument or in any decree or order of any Court or other authority, with effect on and from such date as the Administrator may, by notification in the Official Gazette, appoint (hereinafter referred to as the "vesting date") all concessions granted in respect of any land held under an Alwara or Terem shall stand extinguished and such land shall vest in the Government, free from all encumbrances, gnd be subject to the rights, if any, granted in respect thereof under this Chapter.