Gujarat Tenancy and Agricultural Lands Act, 1948
In this Act unless there is anything repugnant in the subject or context– [ (1) "agriculture" includes horticulture, the raising of crops, grass or garden produce, [the use by an agriculturist of the land held by him or a part thereof for the grazing of his cattle, the use of any land, whether or not an appanage to rice or paddy land, for the purpose of rab manure] but does not include allied pursuits or the cutting of wood only: [ Provided that in the case of such tracts of land abounding in natural growth of grass as the State Government may, by notification, in the Official Gazette, specify, "agriculture" shall include the cutting of grass for any purpose;] (c) the renewal or reconstruction of any of the foregoing works or alterations thereof or additions thereto as are not of the nature of ordinary repairs; but does not include such clearances, embankments, levellings, enclosures, temporary wells, water channels and other works as are commonly made by the tenants in the ordinary course of agriculture; (i) holds land as mulgenidar or mirasdar; or (ii) by custom, agreement or the decree or order or a Court holds the land on lease permanently; or (b) the commencement or duration of whose tenancy cannot satisfactorily be proved by reason of antiquity; and includes a tenant whose name or the name of whose predecessor-in-title has been entered in the record of rights or in any public record or in any other revenue record as a permanent tenant immediately before the commencement of the Amending Act, 1955]; (11) "person" includes "[ a joint ] "[* * ]family; (12) "prescribed" means prescribed by rules made under this Act; (13) "profits of agriculture" in respect of any land means the surplus remaining "[with the holder] after the expenses of cultivation including the wages of the cultivator working on the land are deducted from the gross produce. " [Explanation.—If the members of the family of a holder work on the land for the purpose of cultivation thereof, the labour of such members shall be taken into account in estimating the expenses of cultivation referred to in this clause]; (14) "protected tenant" means a person who is recognised to be a protected tenant "[under section 4A]; "[ * ] (16) "rent" means any consideration, in money or kind or both, paid or payable by a tenant on account of the use or occupation of the land held by him but shall not include the rendering of any personal service or labour; "[16A] "serving member of the armed forces" means a person in the service of the armed forces of the Union; Provided that if question arises whether any person is a serving member of the armed forces of the Union, such question shall be decided by the State Government, and its decision shall be final; (16B) "small holder" means an agriculturist cultivating land less in area than an economic holding who earns his livelihood principally by agriculture or by agricultural labour;] "[ (16C) "specified date" means the date of the coming into force of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1972;] (17) "tenancy" means the relationship of landlord and tenant;