Section 2 in The Central Provinces and Berar Adjustment and Liquidation of Industrial Workers' Debt Act, 1936
2. Definitions.
- In this Act, unless there is anything repugnant in the subject or context,-(i)"assets" means all property owned by a person which could be attached under the Civil Procedure Code, 1908, in execution of a decree and, except where the context indicates otherwise, includes any sum realized by a Court under this Act from the sale of any such property;(ii)"adjusted debt" means the sum shown against the name of any creditor in the schedule prepared under section 21;(iii)"average income" means the average monthly income of an industrial worker calculated on his total income from all sources during a period of twelve months preceding the month of the presentation of a liquidation petition under this Act;(iv)"Court" means the principal Civil Court of original jurisdiction and shall include a Civil Court specifically empowered by notification in this behalf by the State Government.(v)"creditor" includes a decree-holder, "debt" includes a judgement-debt and "debtor" includes a judgement-debtor;(vi)"dependant", in relation to an industrial worker means any of the following relatives, namely -(a)a wife, minor legitimate son and unmarried legitimate daughter, or a widowed mother; and(b)if, during a period of twelve months preceding the month of the presentation of a liquidation petition, entirely dependant on the earnings of the industrial worker, a husband, a parent other than a widowed mother, a minor illegitimate son, an unmarried illegitimate daughter, a daughter legitimate or illegitimate if married and a minor or if widowed, a minor brother, an unmarried or widowed sister, a widowed daughter-in-law, a minor child of a deceased son, or, where no parent of the industrial worker is alive, a paternal grandparent;(vii)[ "factory" means a factory as defined in the Factories Act, 1934.] [See now the Factories Act, 1948 (LXI1I of 1948).](viii)"industrial establishment" means any establishment which the State Government may, by notification declare as an industrial establishment;(ix)"industrial worker" means a person who is employed either by way of manual labour or on monthly wages in a factory, mine or industrial establishment and whose average income does not exceed fifty rupees, but shall not include a person who is employed for doing clerical work;(x)"mine" means a mine as defined in the Indian Mines Act, 1923;(xi)"prescribed" means prescribed by rules made under this Act;(xii)"property" includes any property over which or the profits of which any person has a disposing power which he may exercise for his own benefit;(xiii)"secured debt" means a debt due to a creditor from his debtor for which the creditor holds a mortgage, charge or lien on the property of the debtor or any part thereof as security for that debt;(xiv)"surplus" means in the case of industrial worker having -(a)no dependant, twelve times his average income,(b)one dependant, nine times his average income, and(c)more than one dependant, six times his average income; and(xv)other words and expressions shall have the meanings assigned to them in the Provincial Insolvency Act, 1920.
