- In this Act, unless the context otherwise requires,-(1)"creditor" includes his heirs, legal representatives and assigns;(2)"debt" means any liability in cash or kind, whether secured or unsecured, due from a debtor whether payable under a decree or order of a Civil or Revenue Court or otherwise, but does not include rent as defined in clause (9);(3)"debtor" means any person from whom any debt is due: Provided that a person shall not be deemed to be a debtor, if he,-(i)has in both the financial years ending on the 31st March 1972 been assessed to income-tax under the Income-tax Act, 1961 (Central Act 43 of 1961) or under the income-tax law in force in any foreign country; or(ii)has, in all the four half-years, immediately preceding the 1st March 1972 been assessed to profession tax on a half yearly income of more than one thousand and two hundred rupees derived from a profession other than agriculture under the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), the [Chennai] [Substituted for the words 'Madras' by the City of Madras (Alteration of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), Chennai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971), the [Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958)] [This Act was repealed and re-enacted as the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994).], the [Cantonments Act, 1924 (Central Act II of 1924)] [This Act was repealed and re-enacted as the Cantonments Act, 2003.] or any law governing municipal or local bodies in this State or in any other State or Union territory in India; or(iii)has in all the four half-years immediately preceding the 1st March 1972 been assessed to property or house tax in respect of buildings or lands other than agricultural lands, under the [Chennai] [Substituted for the worth, 'Madras' by the City of Madras (Alteration of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), the [Chennai] [Substituted for the words 'Madras' by the City of Madras (Alteration of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971), the [Tamil Nadu Panchayats Act, 1958 (Tamil Nadu Act XXXV of 1958)] [This Act was repealed and re-enacted as the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994).], the [Cantonments Act, 1924 (Central Act II of 1924)] [This Act was repealed and re-enacted as the Cantonments Act, 2003.] or any law governing municipal or local bodies in this State or in any other State or Union territory in India, provided that the aggregate annual rental value of such buildings and lands, whether let out or in the occupation of the owner, is not less than rupees one thousand and two hundred.Explanation. - The annual rental value of any building of land for the purposes of proviso (iii) shall,-(1)where the assessment is based on the annual rental value, be deemed to be such value;(2)where the assessment is based on the capital value, be deemed to be five per cent of the capital value; and(3)in any other case, be deemed to be the value ascertained in the prescribed manner:Provided further that a person shall not be deemed to be a debtor if he is an agriculturist as defined in the Tamil Nadu Agriculturists Relief Act, 1938 (Tamil Nadu Act IV of 1938) and entitled to the benefits of that Act;(4)"Government" means the State Government;(5)"interest" means any amount or other thing paid or payable in excess of the principal sum borrowed or pecuniary obligation incurred, or where anything has been borrowed in kind in excess of what has been so borrowed, by whatsoever name such amount or thing may be called and whether the same is paid or payable entirely in cash or entirely in kind or partly in cash and partly in kind and whether the same is expressly mentioned or not in the document or contract, if any;(6)"mortgagee" includes his heirs, legal representatives and assigns;(7)"person" means an individual and includes an undivided Hindu family, a marumakkattayam or aliyasantana tarwad or tavazhi, but does not include a body corporate, a charitable or religious institution or an unincorporated company or association or any firm as defined in the Indian Partnership Act, 1932 (Central Act IX of 1932);(8)"publication of this Act" means the date on which this Act is published in the Tamil Nadu Government Gazette;(9)"rent" means rent or michavaram as defined by the Malabar Tenancy Act, 1929 (Tamil Nadu Act XIV of 1930) or quit-rent, jodi, kattubadi, poruppu or the like payable to any person under any law relating to tenancy for the time being in force in this State or the fair rent payable to the land-owner under the Tamil Nadu Cultivating Tenants (Payment of Fair Rent) Act, 1956 (Tamil Nadu Act XXIV of 1956) or the Tamil Nadu Public Trusts (Regulation of Administration of Agricultural Lands) Act, 1961 (Tamil Nadu Act 57 of 1961) or the rent payable by any tenant to the owner of any building in respect of such building or portion thereof occupied by such tenant.Explanation. - For the purpose of this clause, the expression 'building' shall have the same meaning as in clause (2) of section 2 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (Tamil Nadu Act 18 of 1960).
