Section 2 in The Bengal Agricultural Debtors Act, 1936
2. Definitions. -
In this Act, unless there is anything repugnant in the subject or context,-(1)"agriculture" includes horticulture and dairy farming and the use of land for any purpose of husbandry inclusive of the keeping or breeding of live-stock, poultry or bees and the growing of fruits, vegetables and the like;(2)"amount payable under an award" means an amount included under clause (d) of sub-section (1) of section 25 in an award as payable by a debtor in respect of any debt, or any part of such amount which remains unpaid, together with any interest on such amount or part thereof which, is due under the award;(3)"Appellate Officer" means an officer appointed under section 40;(4)"award" means an award as made by a Board under sub-section (2) of section 19 or sub-section (6) of section 22, [or subsection (5) of section 37A] [Inserted by Bengal Act 2 of 1942.] or as confirmed or modified by an Appellate Officer under sub-section (5) of section 40 [or under section 40A] [Inserted by Bengal Act 2 of 1942.];(5)"Board" means a Debt Settlement Board established under subsection (1) of section 3, and includes an officer or the Collector authorised under the proviso to section 4;(6)"Certificate-officer" means a Certificate-officer as defined in the Bengal Public Demands Recovery Act, 1913;(6A)[] [Clause (6A), 'Words and Figures' and the word inserted by Bengal Act 8 of 1940.] "Civil Court" means a Civil Court within the meaning of the Bengal, Agra and Assam Civil Courts Act, 1887, and includes any Court exercising appellate or revisional jurisdiction over any such Court [and also includes a union court established under the Bengal Village Self-Government Act, 1919] [Inserted by Bengal Act 2 of 1942.];(7)"Collector" includes any officer appointed by the [State Government] [substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950, respectively.] to exercise any of the powers of a Collector under this Act;(8)"debt" includes all liabilities [incurred prior to the first day of January, 1940] [Clause (6A), 'Words and Figures' and the word inserted by Bengal Act 8 of 1940.] of a debtor in cash or in kind, secured or unsecured, whether payable under a decree or order of a Civil Court or otherwise, and whether payable presently or in future, but does not include the following :-(i)any amount the liability for the payment of which is only contingent;(ii)any rent not due at the time when a Board determines the amount of debts under section 18;(iii)any share of the produce of land payable on account of land cultivated under the system known as adhi, barga or bhag;(iv)any amount recoverable as a public demand, except-(a)an amount referred to in sub-section (1) of section 28, [* * *] [Word omitted by Bengal Act 8 of 1940.](b)arrears of rent 'payable on account of the use or occupation of land held by a tenant, [and] [Clause (6A), 'Words and Figures' and the word inserted by Bengal Act 8 of 1940.](c)[] [Sub-clause (iv)(c) and sub-clause (vii) inserted by Bengal, Act 8 Of 1940.] any sum referred to in Article 12A of Schedule I to the Bengal Public Demands Recovery Act, 1913, or any sum ordered by a liquidator under [any provincial Act or Act of the State Legislature] [Words substituted by the Adaptation of Laws Order, 1950.], for the time being in force, relating to Co-operative societies to be recovered as a contribution to the assets of a Co-operative society or as the cost of liquidation thereof;(v)any amount a suit or application for the recovery of which is barred [by limitation, or which is otherwise irrecoverable under the law;] [Substituted by Bengal Act 8 of 1940.](vi)any debt due to any bank included in the Second Schedule to the Reserve Bank of India Act, 1934;(vii)[] [Sub-clause (iv)(c) and sub-clause (vii) inserted by Bengal Act 8 of 1940.] any tax or rate due to a Municipality or Union Board or Union Committee;(9)"debtor" means a debtor whose primary means of livelihood is agriculture and who-(a)is a raiyat or an under-raiyat, or(b)cultivates land himself or by members of his family or by hired labourers or by adhiars, bargadars or bhagdars;and includes a group of persons who join in making an application under the provisions of sub-section (1) of section 9 [and any person who, by virtue of provisions of sub-section (7) of section 37A shall be deemed to be a debtor] [Inserted by Bengal 2 of 1942.];(10)"loan" means a loan whether of money or in kind, and includes any transaction which is, in the opinion of a Board, in substance a loan;(11)"notification" means a notification published in the [Official Gazette] [Substituted by Government of India (Adaptation of Indian Laws) Order, 1937.](11A)[] [Clause (11A) inserted by Bengal Act 8 of 1940.] "original principal" means the loan as originally borrowed, excluding any amount of interest on such loan which may at any time have been included as principal;(12)"prescribed" means prescribed by rules made under this Act;(13)"settlement" includes an amicable settlement and a settlement or adjustment made by order of a Board;(14)"supplementary income" means any income derived by the debtor from any source other than agriculture;(14a)[] [Clause (14a) inserted by Bengal Act 5 of 1942.] "tout" means a person who habitually frequents the precincts of the office of a Board except-(a)for the purpose of his own proceedings before such Board, or(b)as an agent of a party permitted to represent such party under section 46;(15)the expressions "landlord", "raiyat", under-raiyaf" and "rent" have the same meanings as in the Bengal Tenancy Act, 1885.
