Government of India Act 1935

Interpretation, &c.

11 (1) In this Schedule, in relation to the United Provinces—

• " owner " does not include a mortgagee or a lessee, and " own " shall be construed accordingly;

• " tenant " as respects any land in a rural area means a tenant as denned in the Agra Tenancy Act, 1926, or the Oudh Rent Act, 1886, as the ease may be, and does not include a sub-tenant, and as respects any house or building means a person who occupies it on payment of rent, or in the case of a house, not situate in military or police lines, a person who occupies it rent free by virtue of any office, service or employment;

• " under-proprietor " means an under-proprietor as defined in the Oudh Rent Act, 1886;

• " Khaikar " means a person recorded as such in the records of rights of land in the Hill Pattis of Kumaun;

• " building " means a building as denned in the United Provinces Municipalities Act, 1916;

• " rental value " means the value of a house or building based on the amount of annual rent;

• " municipal tax " and " house or building tax, " mean the taxes respectively known by those names imposed under the United Provinces Municipalities Act, 1916, the United Provinces Town Areas Act, 1914, and the Cantonments Act, 1924;

• " urban area " means a municipality or notified area as defined in subsection (9) of section two, and subsection (2) of section three hundred and thirty-seven of the United Provinces Municipalities Act, 1916, or a town area as denned in the United Provinces Town Areas Act, 1914, or a cantonment;

• " rural area " means an area which is not an urban area.

(2) Where property is held or payments are made jointly by, or assessments are made jointly on, the members of a joint family or joint tenancy, the family or tenancy shall be adopted as the unit for deciding whether under this Part of this Schedule the requisite qualification exists, and if it does exist, the person qualified shall be, in the case of a joint Hindu family, the manager thereof or, if there is no manager, the member nominated in that behalf by the majority of the family, and in other cases the member nominated in that behalf by the family or tenancy concerned.