Section 2 in The M.P. 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 (V of 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 any 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 judgment-debt and "debtor" includes a judgment-debtor;(vi)"dependent" 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 dependent 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 grand parent;(vi)"factory" means a factory as defined in the Factories Act, 1934 (XXV of 1934) [See now the Factories Act, 1948 (LXIII 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 oi manual labour or on monthly wages in a factory, mine or industrial establishment and whose average income does not exceed five hundred rupees, but shall not include a person who is employed tor doing clerical work] [Substituted by M.P. Act 16 of 1976.];(x)"mine" means a mine as defined in the Indian Mines Act, 1923 (IV of 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 dependent, twelve times his average income.(b)one dependent, nine times his average income, and(c)more than one dependent, six times his average income; and(xv)other words and expressions shall have the meanings assigned to them in the Provincial Insolvency Act, 1920 (V of 1920).
