Definitions.

§2

Summary

(1) In this Act, unless there is anything repugnant in the subject or context- (i) "Code" means the Bombay Land Revenue Code, 18791 (Bom. VI of 1879); (ii) "Collector" includes an officer appointed by the State Government to perform the functions and exercise the powers of the Collector under this Act ; (iii) "dhara land" means land held by a dharekari in a khoti village; (iv) "dharekari" means a person who holds dhara land on dhara tenure; (v) "khot" means the holder of khoti village or khoti tenure and includes- (a) a mortgagee lawfully in possession of a khotki and (b) all co-sharers in a khotki; (vi) "khotki" means the aggregate of the rights and interests vested in a khot as such; (vii) "khoti fayda" means the amounts of grain or money payable as khoti fayda to a khot in the merged territories of Bhor by an occupancy tenant of a khoti nisbat land; (viii) "khoti khasgi land" means in relation to the merged territories of Bhor, land entered in the khots own name as khoti khasgi in the records of the original survey and settlement; (ix) "khoti land" means in relation to the merged territories of Janjira, land entered in the village records as khoti and held as such by a khot; (x) "khoti nisbat land" means in relation to the merged territories of Bhor, land entered as khoti nisbat in the records of the original survey and settlement; (xi) "khoti tenure" means- (a) in relation to the merged territories of Janjira, the tenure known as- (1) Farokta Isafati Khoti, (2) Watani Isafati Khoti, (3) Vasuli Isafati Khoti, or (4) Tota Isafati Khoti, on which a khoti village is held by a khot by virtue of a sanad granted by the ruling authority of that State at any time before the merger and subject to the terms of such sanad in accordance with the provisions of the Khoti Settlement Act, 1880 (Bom. I of 1880), as applied to the State of Janjira 2[or as shown as held in any record which was maintained under that Act as applied to the State of Janjira]; and (b) in relation to the merged territories of Bhor, Watani Khoti tenure on which a khoti village is held in accordance with the provisions of the Khoti Settlement Act, 1880 (Bom. I of 1880), as applied to the State of Bhor; (xii) "khoti village" means a village specified in the Schedule; (xiii) "khot's dues" means- (a) khot's profit out of the rent paid to a khot by an occupancy tenant of khoti land in the merged territories of Janjira in accordance with the term of the sanad 3[granted to the khot or as shown in any settlement register (known as botkhat) maintained under the Khoti Settlement Act, 1880 (Bom. I of 1880), and] (b) the khoti fayda paid to a khot by an occupancy tenant of khoti nisbat land in the merged territories of Bhor, exclusive of the land revenue payable by the khot to the Government for the time being and the cess, if any, leviable under the Bombay Local Boards Act, 1923 (Bom. VI of 1923), in respect of such land; (xiv) "merger" means 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 4[pre-Reorganisation 5State of Bombay] under section 290-A of the Government of India Act, 1935 (26 Geo. 5 Ch. 2); (xv) "occupancy tenant" means- (a) in relation to the merged territories of Janjira, a holder of khoti land who has permanent tenancy right in such land and who has been shown as Juney Kul (old tenant) in the Record of Rights; (b) in relation to the merged territories of Bhor, a holder of khoti nisbat land and who has been shown as Juney Kul (old tenant) in the village record; (xvi) "prescribed" means prescribed by rules made under this Act; (xvii) "Sarkari land" means in relation to the merged territories of Janjira- (a) land shown in the Record of Rights as Government land and entered in the name of the khot as Vahiwatdar; and (b) land originally held as khoti nisbat land but subsequently resumed and granted to a co-sharer of a khot for vahiwat by the former Government of Janjira; and (c) land known as Samlatpad or Sabandhapad which has been assessed waste and in respect of which the khot pays assessment to Government; (xviii) "Schedule" means the Schedule appended to this Act. (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 by the Code. (3) References in this Act to the provisions of the Khoti Settlement Act, 1880 (Bom. I of 1880), as applied to the State of Janjira and as applied to the State of Bhor and to the grants of khoti villages and the incidents of the khoti tenure shall, notwithstanding the repeal of the said Act, the cancellation of the said grants and the abolition of the said tenure by this Act be construed as references to the said provisions, grants and incidents as they were in force immediately before this Act comes into force. (4) If any question arises about the tenure on which a khoti village is held, the nature of any land in a khoti village or whether a tenant is an occupancy tenant, the State Government shall, having regard to the relevant entries in the revenue records and after holding such enquiry as may be deemed fit, decide the question and such decision shall be final : Provided that, the State Government may authorise any officer to decide any such question and subject to an appeal to the State Government his decision shall be final.

(1) In this Act, unless there is anything repugnant in the subject or context- (i) "Code" means the Bombay Land Revenue Code, 18791 (Bom. VI of 1879); (ii) "Collector" includes an officer appointed by the State Government to perform the functions and exercise the powers of the Collector under this Act ; (iii) "dhara land" means land held by a dharekari in a khoti village; (iv) "dharekari" means a person who holds dhara land on dhara tenure; (v) "khot" means the holder of khoti village or khoti tenure and includes- (a) a mortgagee lawfully in possession of a khotki and (b) all co-sharers in a khotki; (vi) "khotki" means the aggregate of the rights and interests vested in a khot as such; (vii) "khoti fayda" means the amounts of grain or money payable as khoti fayda to a khot in the merged territories of Bhor by an occupancy tenant of a khoti nisbat land; (viii) "khoti khasgi land" means in relation to the merged territories of Bhor, land entered in the khots own name as khoti khasgi in the records of the original survey and settlement; (ix) "khoti land" means in relation to the merged territories of Janjira, land entered in the village records as khoti and held as such by a khot; (x) "khoti nisbat land" means in relation to the merged territories of Bhor, land entered as khoti nisbat in the records of the original survey and settlement; (xi) "khoti tenure" means- (a) in relation to the merged territories of Janjira, the tenure known as- (1) Farokta Isafati Khoti, (2) Watani Isafati Khoti, (3) Vasuli Isafati Khoti, or (4) Tota Isafati Khoti, on which a khoti village is held by a khot by virtue of a sanad granted by the ruling authority of that State at any time before the merger and subject to the terms of such sanad in accordance with the provisions of the Khoti Settlement Act, 1880 (Bom. I of 1880), as applied to the State of Janjira 2[or as shown as held in any record which was maintained under that Act as applied to the State of Janjira]; and (b) in relation to the merged territories of Bhor, Watani Khoti tenure on which a khoti village is held in accordance with the provisions of the Khoti Settlement Act, 1880 (Bom. I of 1880), as applied to the State of Bhor; (xii) "khoti village" means a village specified in the Schedule; (xiii) "khot's dues" means- (a) khot's profit out of the rent paid to a khot by an occupancy tenant of khoti land in the merged territories of Janjira in accordance with the term of the sanad 3[granted to the khot or as shown in any settlement register (known as botkhat) maintained under the Khoti Settlement Act, 1880 (Bom. I of 1880), and] (b) the khoti fayda paid to a khot by an occupancy tenant of khoti nisbat land in the merged territories of Bhor, exclusive of the land revenue payable by the khot to the Government for the time being and the cess, if any, leviable under the Bombay Local Boards Act, 1923 (Bom. VI of 1923), in respect of such land; (xiv) "merger" means 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 4[pre-Reorganisation 5State of Bombay] under section 290-A of the Government of India Act, 1935 (26 Geo. 5 Ch. 2); (xv) "occupancy tenant" means- (a) in relation to the merged territories of Janjira, a holder of khoti land who has permanent tenancy right in such land and who has been shown as Juney Kul (old tenant) in the Record of Rights; (b) in relation to the merged territories of Bhor, a holder of khoti nisbat land and who has been shown as Juney Kul (old tenant) in the village record; (xvi) "prescribed" means prescribed by rules made under this Act; (xvii) "Sarkari land" means in relation to the merged territories of Janjira- (a) land shown in the Record of Rights as Government land and entered in the name of the khot as Vahiwatdar; and (b) land originally held as khoti nisbat land but subsequently resumed and granted to a co-sharer of a khot for vahiwat by the former Government of Janjira; and (c) land known as Samlatpad or Sabandhapad which has been assessed waste and in respect of which the khot pays assessment to Government; (xviii) "Schedule" means the Schedule appended to this Act. (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 by the Code. (3) References in this Act to the provisions of the Khoti Settlement Act, 1880 (Bom. I of 1880), as applied to the State of Janjira and as applied to the State of Bhor and to the grants of khoti villages and the incidents of the khoti tenure shall, notwithstanding the repeal of the said Act, the cancellation of the said grants and the abolition of the said tenure by this Act be construed as references to the said provisions, grants and incidents as they were in force immediately before this Act comes into force. (4) If any question arises about the tenure on which a khoti village is held, the nature of any land in a khoti village or whether a tenant is an occupancy tenant, the State Government shall, having regard to the relevant entries in the revenue records and after holding such enquiry as may be deemed fit, decide the question and such decision shall be final : Provided that, the State Government may authorise any officer to decide any such question and subject to an appeal to the State Government his decision shall be final.

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