Section 2 in The Goa, Daman and Diu Debt Relief Act, 1980
2. Definitions.
- In this Act, unless the context otherwise requires,-(a)"Administrative Tribunal" means the Administrative Tribunal constituted under the Goa, Daman and Diu Administrative Tribunal Act, 1965 (6 of 1965);(b)"agricultural labourer" means a person who follows any one or more of the following agricultural operations 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 who does not hold any agricultural land namely:-(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;(v)any practice performed on a farm as incidental to, or in conjunction with, farming operations (including any forestry or timbering operations) and preparation for market, or delivery to storage or to market or to carriage for transportation of farm products;(c)"agriculture" with its grammatical variations and cognate expressions, includes the raising of food crops such as paddy, wheat, pulses, millets and vegetables, and of sugarcane, groundnut, coconut, arecanut, cashew and mango;(d)"annual family income" means the aggregate of the annual income from all sources of all the members of a family;(e)"Board" means the Debt Relief Board established under section 7;(f)"creditor" means a person to whom a debtor owes a debt;(g)"debt" includes all liabilities owing to a creditor in cash or in kind, secured or unsecured, payable under a decree or order of a civil court or otherwise whether due or not due, but does not include-(i)any rent or compensation due in respect of any property let out to a debtor;(ii)any liability arising out of breach of trust or any tertious liability;(iii)any liability in respect of wages or remuneration due as salary or otherwise for services rendered;(iv)any liability in respect of maintenance whether under a decree of a civil court or otherwise;(v)any sum recoverable as arrears of land revenue;(vi)any debt due to-(1)the Central Government or any State Government or the administration or Government of any Union territory, or any local authority or a co-operative society;(2)a banking company as defined in clause (c) of section 5 of the Banking Regulation Act, 1949 (Central Act 10 of 1949), the State Bank of India constituted under the State Bank of India Act, 1955 (Central Act 23 of 1955), a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959), a corresponding new bank specified in the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Central Act 5 of 1970), a Regional Rural Bank established under sub-section (1) of section 3 of the Regional Rural Banks Act, 1976 (Central Act 21 of 1976), or any banking institution notified by the Central Government under section 51 of the Banking Regulation Act, 1949 (Central Act 10 of 1949);(3)any co-operative land development bank or any other co-operative institution registered under the Maharashtra Co-operative Societies Act, 1960 (Maharashtra Act XXIV of 1961) as extended to the Union territory of Goa, Daman and Diu;(4)the Agricultural Refinance and Development Corporation established under the Agricultural Refinance and Development Corporation Act, 1963 (Central Act 10 of 1963);(5)any Government company within the meaning of section 617 of the Companies Act, 1956 (Central Act 1 of 1956);(6)the Life Insurance Corporation of India established under the Life Insurance Corporation Act, 1956 (Central Act 3 of 1956), or to any other Corporation established by or under any other law for the time being in force;(7)any other banking or financial institution which may be notified in this behalf by the Government in the Official Gazette;(h)"debtor" means an agricultural labourer, a rural artisan, a marginal farmer or a small farmer, who owes a debt;(i)"family", in relation to a person, means the individual, the wife or husband, as the case may be, of such individual and their unmarried minor children;Explanation. - For the purpose of this clause, "minor" means a person who has not completed his or her age of eighteen years.(j)"foro" means the annuity or amount that an emphyteuta of a property pays annually to the direct owner;Explanation 1. - "emphyteuta" means a person who is given possession of, or has full ownership of, a property by a contract of emphyteuse;Explanation 2. - "emphyteuse", means a contract by which the owner of a property transfers the possession or full ownership of the property to another and the transferee binds himself to pay an annuity to the owner which is called foro;(k)"Government" means the Government of Goa, Daman and Diu;(l)"marginal farmer" means a person who owns land measuring,-(i)not more than two hectares of un-irrigated land, if he is a member of a Scheduled Tribe; or(ii)not more than one hectare of un-irrigated land in any other case, and who cultivates personally such land, and includes a person who cultivates such land as a tenant or share-cropper.Explanation 1. - For the purposes of clause (l) and clause (q) -(1)one-third of a hectare of land with an assured supply of water for irrigation and capable of yielding at least two crops in a year, that is to say, land irrigated seasonally as well as perennially by flow irrigation by a Government owned and managed lift or from any source constructed or maintained by the Government or any local authority, or from any other natural source of water; or(2)one-half of a hectare of land which has an assured supply of water for only one crop in a year, that is to say, land irrigated-(a)seasonally by flow irrigation from any source constructed or maintained by the Government or any local authority or from any other natural source of water; or(b)perennially by a lift, other than a lift referred to in clause (1), from any source constructed or maintained by the Government or any local authority, or from any other natural source of water; or(c)perennially from a privately owned well situated on the land within the irrigable command of any irrigation project, or in the bed of a river stream or natural collection of water or drainage channel which is a perennial source of water; or(3)two-thirds of a hectare of land irrigated seasonally by flow irrigation from any source constructed or maintained by the Government or any local authority, or from any other natural source of water with an unassured water supply, that is to say water supply is given under water sanctions which are temporary or where such sanctions are regulated on the basis of availability of water in the storage shall be equated to one hectare of unirrigated land;Explanation 2. - Where a person owns and cultivates personally or cultivates as a tenant or share-cropper, land falling under any one or more of the categories specified in clauses (1) to (3) of Explanation 1 together with un-irrigated land, if any, the land so owned or cultivated shall, for the purposes of clause (l) and clause (q), be converted into un-irrigated land in accordance with the principles specified in Explanation, and if any question arises as to which of the categories specified in the said Explanation any land belongs, it shall be decided by the Board whose decision thereon shall be final;(m)"notification" means a notification published in the Official Gazette;(n)"Official Gazette" means the Goa, Daman and Diu Government Gazette;(o)"prescribed" means prescribed by rules made under this Act;(p)"rural artisan" means a person who does not own any agricultural land and whose principal means of livelihood is production or repair of traditional tools, implements and other articles or things used for agriculture or purposes ancillary thereto and includes a person who normally earns his livelihood by practising any craft either by his own labour or by the labour of all or any of the members of his family in a rural area.(q)"small farmer" means a person who owns land measuring-(i)more than two hectares but not exceeding four hectares of un-irrigated land if he is a member of a Schedule Tribe or Scheduled Caste; or(ii)more than one hectare but less than two hectares of un-irrigated land in any other case, and who cultivates personally such land, and includes a person who cultivates such land as a tenant or share-cropper.
