Amendment status not verified — confirm the current text below against the official source.
In this Act, unless the context otherwise requires,— (a) "Agricultural labourer" means a person who follows any one or more of the following agricultural occupations in the capacity of a labourer on hire or exchange, whether paid in cash or in kind or partly in cash and partly in kind and whose annual household income from ail sources does not exceed Rs. 2400/- a year:— (i) farming including cultivation and tillage of soil: (ii) dairy farming: (iii) production, cultivation, growing and harvesting of any horticultural commodity; (iv) raising of livestock, bees or poultry; and (v) any practice performed on a farm as incidental to or in conjunction with farm operations (including any forestry or timbering operations) and preparation for market and delivery to storage or to market or to carriage for transpor-tation of farm products; (b) "agriculturist" means a person who earns his livelihood wholly or mainly. from:— (i) agriculture, or (ii) rent from agricultural land, in case he belongs to any of the categories of persons mentioned in clauses (a) to (h) of sub-section (1) of Section 46 of the Rajasthan Tenancy Act. 1955 (Rajasthan Act 3 of 1955); (c) "civil court" includes,— (i) any court exercising jurisdiction under the Provincial Insolvency Act, 1920 as adapted by the Rajasthan Adaptation of Central Laws Ordinance, 1950 (Ordinance No. IV of 1950); (ii) A Panchayat established under the Rajasthan Panchayat Act, 1953 (Rajasthan Act XX (of 1953) and a nyaya up-samiti constituted under Section 27B of the said Act; (iii) a court of small cause as defined in clause (1) of Section 4 of the Rajasthan Small Cause Courts Ordinance, 1950 (Ordinance No. VIII of 1950); (iv) A debt relief court established under Section 3 of the Rajas-than Relief of Agricultural Indebtedness Act. 1957 (Rajas-than Act 2;.; of 1957); and (v) any other court exercising appellate or revisional jurisdic-tion over the decision of a civil court; (d) "co-operative society" means a society registered or deemed to be registered under the provisions of the Rajasthan Co- operative Societies Act. 1965 (Rajasthan Act 13 of 1965): (e) "debt" includes all liabilities owing to a creditor in cash or kind, secured or unsecured, payable under a decree or order of a a civil court or otherwise and subsisting on the date of commencement" of this Act whether due or not due; (f) "marginal farmer" means an agriculturist who holds land as a Khatedar or Ghair Khatedar tenant and cultivates it personally and also a person who cultivates land as a sub-tenant or share cropper and which, in area, does not exceed the limits specified below:- (i) 0.33 hectare land under assured irrigation capable of growing atleast two crops in a year; 3 (ii) 0,50 hectare land under assured irrigation capable of growing atleast one crop in a year; (iii) I hectare barani land in fertile zone, semi –fertile zone or hilly zone., (iv) 2.67 hectares land in semi-desert zone; and (v) 3.67 hectares land in desert zone; Explanation I. - Where land is held by co-tenants or by members of joint Hindu family, the area of land held by each co-tenant or each member of joint Hindu family, shall, for the purpose of this clause, be deemed to be the extent of land which would have been allotted to such co-tenant or such member of joint Hindu family if such land had been divided or partitioned, as the case may be, on the date of the commen-cement of this Act. II.- Land irrigated by well shall not be deemed to fall under sub-clause (i) or subclause (ii) but shall be deemed to fall under sub-clause (iii); (g) "proceeding" means any proceeding in a civil court started on a plaint, petition of appeal, application or otherwise; (h) "rural area' means an area which does not fall within a municipality: (i) "rural artisan" means a person whose principal means of livelihood is production or repair of traditional tools. implements and other articles or things used for agriculture or for purposes ancillary thereto, and also a person who normally earns his livelihood by practising a craft either by his own labour or by the labour of the members of his family in a rural area and whose annual household income from all sources does not exceed Rs. 2400/- a year; (j) "Scheduled debtor" means an agricultural labourer, a marginal farmer and a rural artisan;,- (k) reference to land under assured Figation capable of growing at least two crops or one crop in a year made in clause (f) shall have the same meaning as is given to these expressions by or under the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 (Rajasthan Act 11 of 1973) and reference to various zones given in the said clause shall mean the areas of the State as specified under each such zone in the Schedule appended to the said Act; and (I) words and expressions used, but not defined, in this Act, shall have 1 1 w same meanings as are assigned to them in the Rajasthan Tenan•• Act, 1955 (Rajasthan Act 3 of 1955). C O M M E N T A R Y Yearly income of agricultural labourer-Calculation of -Income calculated at 4/- per day of a male and at Rs. 3/- per day of a female-Working month consisting of 15 days- Held, income has been calculated correctly. On the basis of the evidence led by Jethmal, the court has calculated the amount of income of the male members at the rate of Rs. 4/- per day and that of the lady at the rate of Rs. 3/- per day by labour. He has also taken into consideration the fact that average working days were about 15 days in a month. This reasoning is well founded because agricultural labourers have seasonal work and many a times remain idle.Jethmal & Anr. Vs. Ramvilas & Babulal, 1979 WLN 670 S. 2(a)- Word 'house hold income'.-Explained-Collective income of all members living in a family is 'household income'. The legislature by using the term house hold income means the income of all those living together in the same house and comprising a family. The word 'whose' is used as singular and plural-both. The word 'from all sources' succeeding the term 'Household Income' of whatever type of all the members that is to say the income should come to the family from whatever source it may be. The individual income of each members of the family dwelling in the same house is a source and, therefore, the income of all the family members residing in the same house and comprising a household will have to be taken into consideration in calculating the income of the judgment-debtor. To my mind, the meaning of the 'Household' is too plain to import any other meaning, that it is the collec-tive income of all the members of the family living together-. Jethmal & Mr. Vs. Ramvilas & Babulal, 1979 WLN 670