Bare ActsThe Telangana Land Reforms (Ceiling on Agricultural Holdings) Act,1973.

Section 3

Substituted by Act No

Amendment status not verified — confirm the current text below against the official source.

Substituted by Act No.10 of 1977. Central Act 38 of 1959. Central Act 5 of 1970. [Act No. 1 of 1973] 3 Provided that- (a) any land entitled to the supply of water from a Government source of irrigation and on which two irrigated crops per fasli year have or a dufassal crop has, not been raised with the use of water from such source, in any four fasli years within a continuous period of six fasli years immediately before the specified date, for want of supply of water from such source; (b) any land for which in accordance with any scheme of localisation being adopted under any Government source of irrigation, water is made available during the second crop season solely in consideration of the likelihood of the loss of the first crop on account of submersion, salinity, tidal action or the like; (c) any land to which water has been specifically supplied on a temporary basis for raising a second crop by diversion of water intended for eventual utilisation elsewhere; (d) any land irrigated by a Government source of irrigation covered by proviso (iii) to sub-section (1) of section 5; shall not be deemed to be double crop wet land; (e) ‗dryland‘ means land registered as dry, manavari, asmantari, baghat or garden land, or special rate dry land, in the land revenue accounts of the Government or assessed as such; and includes any other land, excluding wet land; (f) ‗family unit‘ means- 4 [Act No. 1 of 1973] (i) in the case of an individual who has a spouse or spouses, such individual, the spouse or spouses and their minor sons and their unmarried minor daughters, if any; (ii) in the case of an individual who has no spouse such individual and his or her minor sons and unmarried minor daughters; (iii) in the case of an individual who is a divorced husband and who has not remarried, such individual and his minor sons and unmarried minor daughters, whether in his custody or not; and (iv) where an individual and his or her spouse are both dead, their minor sons and unmarried minor daughters. Explanation.-Where a minor son is married, his wife and their offspring, if any, shall also be deemed to be members of the family unit of which the minor son is a member; (g) ‗Government‘ means the State Government; (h) ‗Government source of irrigation‘ means a source of irrigation registered in the land revenue accounts of the Government as such, including a well constructed or maintained by the Government or any local authority; but does not include a spring channel, parrekalava, naddinala, vagunala, kasam, Sona, bila, uppalwat bonda, doruvu, bhurki, kole or cross-bunding; (i) ‗holding‘ means the entire land held by a person,- (i) as an owner; (ii) as a limited owner; [Act No. 1 of 1973] 5 (iii) as an usufructuary mortgagee; (iv) as a tenant; (v) who is in possession by virtue of a mortgage by conditional sale or through part performance of a contract for the sale of land or otherwise; or in one or more of such capacities; and the expression ―to hold land‖ shall be construed accordingly. Explanation.-Where the same land is held by one person in one capacity and by another person in any other capacity, such land shall be included in the holding of both such persons. (j) ‗land‘ means land which is used or is capable of being used for purposes of agriculture, or for purposes ancillary thereto, including horticulture, forest land, pasture land, waste land, plantation and tope; and includes land deemed to be agricultural land under this Act; Explanation I.-Where any land is held under ryotwari settlement it shall, unless the contrary is proved, be deemed to be land under this Act; Explanation II.-‗land‘ shall not include the land appurtenant to a building; (k) ‗law‘ includes any enactment, Ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having the force of law; (l) ‗notification‘ means a notification published in the Telangana Gazette; and the expression "notify" shall be construed accordingly; 6 [Act No. 1 of 1973] (m) ‗notified date‘ means the date notified under sub- section (3) of section 1; (n) ‗owner‘ includes a person by whom or in whose favour a trust is created 4[xxx] 5[but does not include a limited owner;] and in the case of any land not held under ryotwari settlement, a person who is or would be entitled to the grant of a ryotwari patta or to the registration as an occupant in respect of such land under any law for the time being in force providing for the conversion of such land into ryotwari tenure and where there is no such law any person holding such land immediately before the specified date otherwise than in any one of the capacities specified in items (ii) to (v) of clause (i); (o) ‗person‘ includes an individual, a family unit, a trustee, a company, a firm, a society or an association of individuals, whether incorporated or not; (p) ‗prescribed‘ means prescribed by rules made by the Government under this Act; (q) ‗Revenue Divisional Officer‘ means the Revenue Divisional Officer within whose jurisdiction the land is situated and includes any officer of the Revenue Department not below the rank of a Deputy Collector empowered by the Government to exercise the powers and perform the functions of the Revenue Divisional Officer under this Act; (r) ‗specified date‘ means-

Section 3 – The Telangana Land Reforms (Ceiling on Agricultural Holdings) Act,1973. | DailyLaw.ai