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[Cites 0, Cited by 20] [Entire Act]

State of Madhya Pradesh - Section

Section 2 in The Bhopal Debt Redemption Act, 1955

2. Interpretation.

- In this Act, unless the context otherwise requires,-
(1)"agricultural produce" means the agricultural produce of an agriculturist raised by him or by his servants or by labour hired by him and includes crops, whether standing or gathered, and the fruit and flowers of trees, plants, vegetables and grass.
(2)"agriculturist" means a holder or a joint holder and includes a muafidar but does not include a mortgagee in possession :Provided that no holder shall be deemed to be an agriculturist, if-
(a)the revenue or rent or the aggregate of revenue or rent, as the case may be, payable by him exceeds rupees five hundred; or
(b)he is a Muafidar and the relinquishment of the land revenue to the extent of more than rupees five hundred has been made in his favour; or
(c)he is assessed to Income-Tax under the Indian Income-tax Act, 1922 (XI of 1922) :
Provided further that no person shall be deemed to be a holder merely by reason of his having acquired a holding, otherwise than by inheritance or survivorship after the first day of June, 1955.Explanation. - Where a holder has a subsisting interest in land but by reason of a temporary transfer does not for the time being pay the land revenue payable in respect of that land, such revenue shall, for the purposes of this sub-section, be deemed to be payable by him.
(3)"bank" means any company which transacts the business of banking in any State.Explanation. - Any company which is engaged in the manufacture of goods or carries on any trade and which accepts deposits of money from the public merely for the purpose of financing its business as such manufacturer or trader shall not be deemed to transact the business of banking within the meaning of this clause;
(4)"co-operative society" means a society registered or deemed to be registered under the provisions of the Bhopal State Co-operative Societies Act, 1937 (Bhopal Act No. XI of 1937);
(5)"decree to which thus Act applies" means a decree passed either before or after the commencement of this Act in a suit to which this Act applies;
(6)"holder" means a person who has a right to hold a Khasra number and includes an occupant, a Shikmi and Muafidar but does not include a mortgagee in possession;
(7)"interest" means the return to be made over and above what was actually advanced, whether the same is charged or sought to be recovered specifically by way of interest in cash or kind or usufruct or service to be rendered or otherwise;
(8)"land" means land used for agricultural purposes but does not include land occupied by buildings or appurtenant thereto or land within the limits of any municipality or notified area;
(9)"loan" means an advance in cash or kind made before the first day of June, 1955, recoverable from an agriculturist or a workman or from any such person and other persons jointly or from the property of an agriculturist or workman and includes any transaction which in substance amounts to such advance, but does not include an advance the liability for the repayment of which has, by a contract with the borrower or his heir or successor or by sale in execution of a decree, been transferred to another person or an advance made by the State Government or by a Co-operative Society or by a Scheduled Bank :Provided that an advance recoverable from an agriculturist or from an agriculturist and other persons jointly shall not be deemed to be a loan for the purposes of this Act unless such advance was made to an agriculturist or to an agriculturist and other persons jointly;
(10)"prescribed" means prescribed by this Act or by rules made thereunder;
(11)"principal" means the amount originally advanced;
(12)"rent" has the same meaning as in the Bhopal State Land Revenue Act, 1932 (Bhopal Act No. IV of 1932) but when rent is paid in kind or service, it shall, for the purpose of this Act, mean the money value thereof;
(13)"Scheduled bank" means any bank included at the commencement of this Act in the Second Schedule to the Reserve Bank of India Act, 1934 (II of 1934);
(14)"secured loan" means a loan the repayment of which has been secured by a mortgage of, or charge on specific property, or by a pledge;
(15)[ x x x] [Omitted by M.P.A.O. 1956.]
(16)"suit to which this Act applies" means any suit or proceeding relating to a loan;
(17)"Tribunal" means a Tribunal appointed under Section 5 of this Act;
(18)"unsecured loan" means a loan which is not a secured loan;
(19)"workman" means a person who is not a holder and-
(a)who earned wages within the meaning of clause (vi) of Section 2 of the Payment of Wages Act, 1936, (IV of 1936), during the period of twelve months immediately preceding the first day of June, 1955 such wages not exceeding-
(i)in the aggregate during the said period of twelve months, six hundred rupees;
(ii)in any one month comprised in the said period of the twelve months, sixty rupees; or
(b)who does not ordinarily resides within the limits of a municipality of notified area and who belongs to any of the classes specified in the Schedule or notified thereunder;
(20)All other words and expressions used herein but not defined, and defined in the Bhopal State Land Revenue Act, 1932 (Bhopal Act No. IV of 1932) shall have the meanings respectively assigned to them in that Act.