Logo
Court Book - India Code App - Play Store

Advertisement

Section 3

Interpretation.

The Uttar Pradesh Tenancy Act 1939
In this Act, unless there is something repugnant in the subject or context, -

(1) all words and expressions used to denote the possessor of any right, title or interest in land, whether the same be proprietary or otherwise, shall be deemed to include the predecessors and successors in right, title or interest of such person;

(2) "agricultural year" means the year commencing on the first day of July and ending on the thirtieth day of June;

(3)"Board", "Commissioner", "Collector", "Revenue Court", "Revenue Officer,"Settlement Officer, "Assistant Settlement Officer", "Assistant Collector", "Assistant Collector incharge of a sub-division", "tahsildar, "mahal", "lambardar, "sub-proprietor", underproprietor","superior proprietor" and "minor" have the same meaning as in the United Provinces Land Revenue Act, 1901, except that a sub-proprietor does not include a rent-free grantee.

(4) "Commissionerv" includes an Additional Commissioner and "Collector" includes an Additional "Collector". [ U.P. Ill of 1901 ]

(5) "crops" include shrubs, bushes, plants and climbers such as tea bushes, rose bushes, betel plants, plantains, and papitas;

(6) "grove-land" means any specific piece of land in a mahal or mahals having trees planted thereon in such numbers that they preclude, or when full grown will preclude, the land or any considerable portion thereof from being used primarily for any other purpose, and the trees on such land constitute a grove;

(7) "holding" means a parcel or parcels of land held under one lease, engagement or grant, or in the absence of such lease, engagement or grant under one tenure and in the case of a thekedar includes the theka area;

(8) "improvement" means with reference to a tenant's holding :

(i) a dwelling-house erected on the holding by the tenant for his own occupation or a cattle shed or a store-house or any other construction for agricultural purposes erected or set up by him on his holding;

(ii) any work which adds materially to the value of the holding and is consistent with the purpose, for which it was let, and which, if not executed on the holding, is either executed directly for its benefit or is after execution made directly beneficial to it; and, subject to the foregoing provisions of this clause, includes -

(a) the construction of wells, water channels and other works for the supply or distribution of water for agricultural purposes;

(b) the construction of works for the drainage of land, or for the protection of land from floods, or from erosion or other damage by water;

(c) the reclaiming, clearing, enclosing, or terracing of land;

(d) the erection in the immediate vicinity of the holding otherwise than on the village site, of buildings required for the convenient or profitable use or occupation of the holding;

(e) the construction of tanks or other works for the storage of water for agricultural purposes;

(f) the renewal or reconstruction of any of the foregoing works, or such alterations therein, or additions thereto, as are not of the nature of mere repairs: Provided that such water channels, embankments, enclosures, temporary wells, or other works are made by tenants in the ordinary course of cultivation shall not be deemed to be improvements.

(9) "khudkasht" means land other than sir cultivated by a landlord, an under-proprietor or a permanent tenure-holder as such either himself or by hired labour;

(10) "land" means land which is let or held for growing of crops, or as groveland or for pasturage. It includes land covered by water used for the purpose of growing singhara or other produce, but does not include land for the time being occupied by buildings or appurtenant thereto other than buildings which are improvements;

(11) "landholder" means the person to whom rent is, or, but for a contract, express or implied, would be payable, but except in Chapter VII and Chapter XIII does not include an assignee of rent or a person who has lost the proprietary or other interest by virtue of which rent became payable to him;

(12) "landlord" means the proprietor of a mahal, or of a share, or specific plot, therein.In Agra it included a sub-proprietor, in Oudh, except as otherwise provided in this Act, it does not include an under-proprietor;

(13) "lease" includes the counterpart of a lease;

(14) "pay" with its grammatical variations and cognate expressions, when used with reference to rent, includes "deliver" with its grammatical variations and cognate expressions;

(15) "permanent lessee" means a person in Oudh who holds under heritable nontransferable lease and who is entered in the register maintained under the provisions of clause (b) or clause (c) of Section 32 of the United Provinces Land Revenue Act, 1901;

(16) U.P. Ill of 1901. "recorded" means recorded in a register maintained under the provisions of Section 32 of the United Provinces Land Revenue Act, 1901;

(17) U.P. Ill of 1901. "registered" means registered under any Act for the time being in force for the registration of documents and includes attested under the provisions of Section 57;

(18) "rent" means whatever is, in cash or kind, or partly in cash and partly in kind,payable on account of the use or occupation of land or on account of any right in land and in Chapter VII, except when the contrary intention appears, includes sayar ;

Explanation. - A share of the timber or its value deliverable or payable to the landholder on a sale of trees by a grove-holder is rent;

(19)"revenue" means land revenue and includes revenue assessed only for the purposes of calculating the local rate payable under the United Provinces Local Rates Act, 1914. U.P. | of 1914.

(20) "sayar" includes whatever is to be paid or delivered by a lessee or licensee on account of the right of gathering produce, forest rights, fisheries and the use of water for irrigation from artificial sources;

(21) "sir holder" means a landlord, an under-proprietor or a permanent tenure-holder, who possesses Sir ;

(22) "sub-tenant" means a person who holds land from the tenant thereof other than a permanent tenure-holder, or from a grove-holder, or from a rent-free grantee or from a grantee at a favourable rate of rent and by whom rent is, or but for a contract, express or implied, would be payable;

(23) "tenant" means the person by whom rent is, or but for a contract, express or implied, would be, payable and, except when the contrary intention appears, includes a subtenant, but does not include a mortgagee of proprietary or under-proprietary rights, a groveholder, a rent-free grantee, a grantee at a favourable rate of rent or, except as otherwise expressly provided by this Act, an under-proprietor, a permanent lessee or a thekadar ;

(24) "thekadar" means a farmer or other lessee of the rights in land of a proprietor, an under-proprietor or a permanent lessee or mortgagee in possession and, in particular of the right to receive rents or profits, but does not include an under-proprietor or a permanent lessee;




--