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Section 2: Definitions.

The West Khandesh Mehwassi Estates (Proprietary Rights Abolition, etc.) Regulation, 1961.State Act of Maharashtra · Act 1 of 1962

In this Regulation, unless the context otherwise requires-

(1) "appointed day" means the date on which this Regulation comes into force ;

(2) "Code" means the Bombay Land Revenue Code, 1879 (Bom. V of 1879) ;

(3) "Collector" includes an Assistant or Deputy Collector performing the duties and exercising the powers of the Collector under the Code, or any other officer appointed by the State Government to perform the functions and exercise the powers of the Collector under this Regulation ;

(4) "forest land" means unassessed waste land having tree growth, which is situate within the limits of a Mehwassi estate, and which the Collector with the previous sanction of the State Government may classify as forest land ;

(5) "inferior holder" means a person who is not a permanent tenant, but who is-

(a) a person other than a Mehwassi, who has a heritable and transferable right in the Mehwassi land held by him, whether such right has been acquired by himself (or his predecessor-in-title) by purchase or otherwise, or

(b) a person who holds any Mehwassi land from a Mehwassi and who (or whose predecessor-in-title) has acquired a heritable right in that land on payment of Nazarana to the Mehwassi ;

(6) "Mamlatdar" includes a Mahalkari, and any other officer whom the State Government may appoint to perform the duties of a Mamlatdar under this Regulation ;

(7) "Mehwassi estates" means the villages referred to in Schedule I to the West Khandesh Mehwassi Estate Regulation, 1949 (Bombay Reg. I of 1949) but excluding those villages, which by virtue of section 3 of the Bombay Reorganisation Act, 1960 (XI of 1960) now form part of the State of Gujarat; and a "Mehawassi" means a holder of any such estate and "Mehwassi land" means land comprised in the territory of any such estate ;

(8) "nazarana" means a sum of money, or other consideration charged and received by a Mehwassi from any person for conferring on such person a permanent and heritable right in Mehwassi land ;

(9) "notified day" means a day which the State Government may, for purposes of section 6 notify in the Official Gazette ;

(10) "permanent tenant" means a person who, not being an inferior holder, holds any Mehwassi land from a Mehwassi as a permanent tenant, within the meaning of that term as defined by clause (10) of section 2 of the Bombay Tenancy and Agricultural Lands Act, 1948 (Bom. LXVII of 1948), and includes a person-

(i) who on the appointed day holds as tenant any Mehwassi land from a Mehwassi, and

(ii) who immediately before the appointed day, was holding (or who and whose predecessors-in-title were holding) for a continuous period of twelve years or more (or for such periods as aggregate to a total continuous period of twelve years or more), the same Mehwassi land or any other Mehwassi land as tenant, from the same Mehwassi ;

(11) "prescribed" means prescribed by rules made under this Regulation ;

(12) "tenant" means a person who holds any Mehwassi land from a Mehwassi or an inferior holder as tenant, within the meaning of that term as defined in the Bombay Tenancy and Agriculture Lands Act, 1948 (Bom. LXVII of 1948), but does not including a permanent tenant ;

(13) words and expressions used but not defined in this Regulation, shall have the meaning assigned to them in the Bombay Land Revenue Code, 1879 (Bom. V of 1879), and the Bombay Tenancy and Agricultural Lands Act, 1948 (LXVII of 1948).

Where this provision sits

ActThe West Khandesh Mehwassi Estates (Proprietary Rights Abolition, etc.) Regulation, 1961.
Section2
Marginal noteDefinitions.
JurisdictionState of Maharashtra
StatusIn force as published by the source

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