Amendment status not verified — confirm the current text below against the official source.
( 1 ) In this Act, unless there is anything repugnant in the subject or context,- ( i ) "appointed date" means the date on which this Act comes into force ; ( ii ) "Code" means the Bombay Land Revenue Code, 1879 (Bom. V of 1879); ( iii ) "Collector" includes an officer appointed by the State Government to perform the functions and exercise the powers of the Collector under this Act ; ( iv ) "to cultivate personally" means to cultivate on ones own account,- ( a ) by ones own labour, or (b) by the labour of any member of ones family, or ( c ) By servant on wages payable in cash or kind but not in crop share or by hired labour under ones personal supervision or the personal supervision of any member of ones family; Explanation. For the purposes of this clause,- ( 1 ) a widow or a minor or a person who is subject to any physical or mental disability shall be deemed to cultivate the land personally if it is cultivated by her or his servants or by hired labour ; ( 2 ) in the case of an undivided Hindu family, the land shall be deemed to have been cultivated personally, if it is cultivated by any member of such family ; ( v ) "Gharkhed land" means land held by a jagirdar as his personal or private property and cultivated personally by him ; ( vi ) "Jagir" means the grant by or recognition as a grant by, the ruling authority for the time grant is of the soil or an assignment of land revenue or both, and includes villages, groups or portions of villages- ( a ) held in the merged territories or merged areas on tenure commonly known as Jiwai jagir, Bhomia jagir, Patawat jagir, Jamaiya jagir, Chakariat jagir, Bhagina or Co-shared jagir, Khalse Jamindari, Mulgiras Jagir, Makta, Saranjam or Political inam or on tenure known by any similar name ; (b) held by a Ruler of a former Indian State merged in the 1 [pre-Reorganisation State of Bombay] as jagir in his own State before the merger and recognised after the merger as of his ownership, use and enjoyment as his private property under the merger agreement, or ( c ) held by a talukdar of a merged taluka or estate and recognised as of his ownership, use and enjoyment under the merger agreement ; ( vii ) "Jagirdar" means the holder of a jagir village and includes his co-sharer ; ( viii ) "Jagir village" means a village or part of a village held as jagir defined in clause ( vi ) ; ( ix ) "Jiwai Jagir" means a village held by the holder thereof for the purposes of his maintenance by virtue of a grant, whether known as Jiwai or by any other name, made by a ruler of a former Indian State in the merged territories or by a talukdar of a merged taluka or estate in the merged areas ; ( x ) "Life-time Jiwai jagir" means a Jiwai jagir which is recognised by the State Government in this behalf as being continuable for the life time of the holder ; ( xi ) "Jiwai land" means land held by a cadet of a jagirdars family for the purposes of maintenance ; ( xii ) "merger" means- ( a ) in relation to a former Indian State, the cession by the Ruler of such State, of full and exclusive jurisdiction and powers, for, and in relation to, the Governance of such State and the transfer of administration of such State to the 2 [pre-Reorganisation State of Bombay] under section 290 A of the Government of India Act, 1935 (26 Geo.5 Ch.2.); (b) in relation to a taluka or estate in the merged areas, the transfer by the talukdar of all rights, authority and jurisdiction appertaining or in relation to the governance of such taluka or estate to the Government of Bombay and the absorption of such taluka or estate in the 3 [pre-Reorganisation State of Bombay] under section 290 of the Government of India Act, 1935 (26 Geo.5 Ch.2.). ( xiii ) "merged areas" means the areas which are included in the 4 [pre-Reorganisation State of Bombay] by the Bombay (Enlargement of Area and Alteration of Boundaries) Order, 1947, or the Bombay (Enlargement of Area and Alteration of Boundaries) Order, 1948, or the Bombay (Enlargement of Area and Alteration of Boundaries) (Amendment) Order, 1948 as the case may be ; ( xiv ) "merger agreement" means an agreement by virtue of which a former Indian State or a taluka or estate in the merged areas, is merged in the 5 [pre-Reorganisation State of Bombay] ; ( xv ) "non-proprietary jagir" means a jagir which consists of a right in the jagirdar to appropriate as incident of the jagir, land revenue or rent due to Government from persons holding land in a jagir village, but which does not consist of any right or interest in the soil ; ( xvi ) "permanent holder" means a person who holds and in a jagir village or who holds Jiwai land in such village from a cadet of a jagirdars family, not on payment of rent but on payment of assessment, in cash or kind, to the jagirdar or to such cadet as the case may be, and includes any person holding such land through or from such person ; ( xvii ) "prescribed" means prescribed by rules made under this Act ; ( xviii ) "proprietary jagir" means a jagir in respect of which the jagirdar under the terms of a grant or agreement or by custom or usage is entitled to any rights or interest in the soil. ( 2 ) Any word or expression which is defined in the Code and not defined in this Act shall be deemed to have the meaning given to it in the Code. ( 3 ) References in this Act to the incidents of jagirs shall, notwithstanding the abolition of the jagirs by this Act be construed as references to the incidents as they were in force immediately before the appointed date. ( 4 ) If any question arises,- ( i ) whether a jagir is proprietary or non-proprietary, ( ii ) whether any land is Gharkhed or Jiwai, or ( iii ) whether any person is a permanent holder, The State Government shall decide the question and such decision shall be final : Provided that, the State Government may authorise any officer to decide questions arising under any of the sub-clauses ( i ), ( ii ) and ( iii ) and subject to an appeal to the State Government, his decision shall be final.