- In this Act, unless there is anything repugnant to the subject or context-(a)"Anchal Adhikari" means an officer appointed as such by the State Government;(b)"Collector" includes an Additional Collector, an Additional Deputy Commissioner and any other officer not below the rank of a Deputy Collector specially empowered by the State Government to discharge all or any of the functions of a Collector under this Act:(c)"Commissioner" includes, Additional Commissioner and any officer not below the rank of the Collector of a district appointed by the State Government to discharge all or any of the functions of a Commissioner under this Act;(d)"Court" includes the Anchal Adhikari, any officer deciding a dispute arising out of the provisions of this Act, a Certificate Officer under the Bihar and Orissa Public Demands Recovery Act, 1914 and also includes any Officer appointed as such by the State Government by notification in this behalf to exercise the powers and perform all or any of the functions of an Anchal Adhikari or a Collector or a Commissioner under this Act;(e)"Decree" includes an award and an order of Contribution passed under the Bihar and Orissa Co-operative Societies Act 1935 or any decree passed by an Anchal Adhikari, or a Revenue Officer under this Act;(f)"Decree-holder" includes a Certificate holder under the Bihar and Orissa Public Demands Recovery Act, 1914;(g)"Interest" means rate of interest and includes the amount to be returned over and above the money actually lent whether the same is charged or sought to be recovered specifically by way of interest or otherwise;(h)"Judgement debtor" includes a certificate debtor under the Bihar and Orissa Public Demands Recovery Act, 1914;(i)"Land Reforms Deputy Collector" means-(i)an officer appointed as such by the State Government, or(ii)an officer not below the rank of a Deputy Collector empowered by the State Government by notification in the Official Gazette to perform all or any of the functions of a Land Reforms Deputy Collector under this Act;(j)"Loan" means an advance, whether of money or in kind, on interest made by a money lender and shall include mandeorha, sawaiya, rehan, Bandhak, pauni, sundbharha, kishti and any transaction on a bond bearing interest executed in respect of a past liability and any transaction which, in substance, is a loan but shall not include-(i)a loan advanced by the State Government or by any local body authorised by the State Government;(ii)a deposit of money in a Post Officer Savings Bank or a deposit of money or any other property in any other Bank or in any Company or with a Co-operative Society registered, or deemed to be registered, under the Bihar and Orissa Co-operative Societies Act, 1935.Explanation. - (i) A bond bearing interest executed in respect of goods taken on credit constitutes a loan.(ii)To supply goods on credit is not a loan.(k)"Money lender" means a person who advances a loan and shall include a Hindu undivided family and the legal representatives and successors in interest, whether by inheritance, assignment or otherwise of a person who advances a loan;(l)'prescribed' means prescribed by Rules made under this Act;(m)"Principal" means in relation to a loan the amount actually lent to the debtor;(n)"Registered money lender" means a person whose registration certificate granted under Section 4 still subsists and has not been cancelled under Section 33 and shall include a Hindu undivided family and the legal representatives and successors-in-interest whether by inheritance, assignment or otherwise of a registered money-lender;(o)"Secured Loan" means a loan for which the money-lender holds a mortgage charge or lien on the property of the debtor or any part thereof as a security for the loan;(p)"Sub Registrar" means a Sub Registrar appointed as such under the Registration Act, 1908 and includes an Anchal Adhikari or any other officer who may be appointed to perform the duties of a Sub-Registrar under this Act by the State Government by a notification published in the Official Gazette;(q)"Suit" includes any proceeding taken for the recovery of a loan before the Anchal Adhikari, any Officer deciding a dispute arising out of the provisions of this Act, a Certificate Officer under the Bihar and Orissa Public Demands Recovery Act, 1914 or any person exercising the powers and performing all or any of the functions of an Anchal Adhikari, a Collector or a Commissioner under this Act and also includes an appeal, and(r)"Unsecured loan" means any loan other than a secured loan.
