Section 2 in The United Provinces Agriculturists Relief Act 1934
2. Interpretation clauses.
- In this Act, unless there is anything repugnant in the subject or context -(1)"Agricultural calamity" means, with reference to a particular debtor, a calamity other than a slump in prices on account of which -(a)if the debtor is a revenue-paying landlord, or an under-proprietor in Oudh holding a sub-settlement, there has been a suspension or remission of the revenue of any of his holdings; or .(b)if the debtor is a landlord, holding land free of revenue, there would have been a suspension or remission of the revenue of any of his holdings if revenue had been payable therefor; or(c)if the debtor is a thekedar of land there has been a suspension or remission of the rent of any holding payable to him ; or(d)if the debtor is a tenant of land or a person other than a thekedar or an under-proprietor in Oudh holding a sub-settlement and paying rent for his land, there has been a suspension or remission of the rent of any holding payable by him.(2)"Agriculmrists" means, in all sections of the Act where the term used -(a)a person who, in districts not subject to the Benaras Permanent Settlement Regulation, 1795, pays land revenue not exceeding Rs. 1,000 per annum ; or(b)a person who, in districts subject to the Benaras Permanent Settlement Regulation, 1795, pays a local rate under section 109 of the District Boards Act, 1922, not exceeding Rs. 120 per annum; or(c)a person holding land fee of revenue, who pays a local rate under section 109 of the District Boards Act, 1922, not exceeding Rs. 120 per annum; or(d)in Oudh, an under-proprietor holding a sub-settlement of land the revenue of which does not exceed Rs. 1,000 per annum ; or(e)a thekedar who holds a theka of land the revenue of which does not exceed Rs. 1,000 per annum ; or(f)a person other than a thekadar or an under-proprietor in Oudh holding a sub-settlement who pays rent for agricultural land not exceeding Rs. 500 per annum ; or(g)a person holding land free of rent, the area of which does not exceed 80 acres ; or(h)a person ordinarily having outside the limits of any municipality who belongs to any of the classes of persons mentioned in Schedule I: .Provided that in sections 2 (10) (a) ; 3, 4, 5, 8 and Chapters IV and V an agriculturist means also a person who belong to a class of persons mentioned in parts (a) to (g) of this sub-section, if the limits of land revenue, local rates, rent and area mentioned in these parts were omitted :Provided also that no person shall be deemed to be an agriculturist if he is assessed to income-tax, which, if he belongs to any of the clauses (a) to (e) above, exceeds the local rate payable on the land which he holds, or if he belongs to class (f) above, exceeds 65 per cent of his rent or, if he belongs to clause (g) above, exceeds Rs. 25:Provided further that if a non-agriculturist joint with an agriculturist in any transaction of loan, save for the purpose of adding his name as security, the agriculturist shall not be considered as such for the purpose of that transaction.Explanation I. - In this sub-section "revenue" and "rent" means revenue and rent payable irrespective of the remission that may be granted for the slump in prices or for agricultural calamities.Explanation II. - In the case of members of a joint Hindu family or joint owners or joint tenants, each member or owner or tenant shall be considered to be an agriculturist for the purposes of Chapters II (except sections 3, 4, 5 and 8), III and VI, whose share or interest in revenue, local rate or rent or the rent-free land, as the case ma be, does not respectively exceed the aforesaid limits.Explanation III. - In Oudh an under-proprietor of specific plots not holding a sub-settlement and paying rent not exceeding Rs. 500 per annum is an agriculturist.Explanation IV. - The word "rent" in this sub-section includes, in cases where rent is payable in kind, the money equivalent thereof recorded in the khatauni of the previous year.Explanation V. - The word "rent" in this sub-section shall not include vaid mutalba or any amount paid in excess of the rent legally payable.Explanation VI. - When a person pays both rent and revenue, he shall not be deemed to be an agriculturist for the purposes of Chapters II (except sections 3,4, 5 and 8), III and VI, if the total of the rent and revenue annually payable by him exceeds Rs. 1,000 or if he is excluded from the definition of agriculturist under any of the clauses (a) to (g).Explanation VII. - When a person, holding land in districts subject to the Benares Permanent Settlement Regulation, 1859, or holding land free or revenue, pays both rent and local rate, he shall not be deemed to be an agriculturist if the total of the rent and local rate annually payable by him exceeds Rs. 500.Illustration.- (i) A person who pays Rs. 800 as revenue and Rs. 400 as rent is not an agriculturist as the total of rent revenue exceeds the limit of Rs. 1,000.(ii)A person pays Rs. 200 as revenue and Rs. 600 as rent, He comes under clause (a) but not under clause (f); he is not therefore an agriculturist.(3)"Bond" means a bond as defined in section 2 of the Indian Stamp Act, 1899.(4)"Collector" means the officer appointed as Collector of a district under the Land Revenue Act, 1901.(5)"Court" means a civil court.(6)"Co-operative Society" means a society registered under the provisions of the Co-operative Societies Act, 1912.(7)"Creditor" in Chapter V means a person who, in the regular course of business, advances a loan as defined in this Act, and includes the legal representatives and the successors-in-interest, whether by inheritance, assignment or otherwise, of a creditor.(8)"Interest" includes the return to be made over and above what was actually lent, whether the same is charged or sought to be recovered specifically by way of interest or in the form of service or otherwise.(9)"Land" and "landlord" shall have the same meaning as in the [Agra Tenancy Act, 1926] [Republished by the U.P. Act XVII of 1939, except for the areas to which U.P. Act No. XVII of 1939 does not apply].(10)(a)"Loan" means an advance to an agriculturist, whether of money or in kind, and shall include any transaction which is in substance a loan, but shall include -(i)a loan advanced by [the Central Government or the State Government] [ The word "State" was Substituted by the ALO 1950 for "Provincial"] or by any Municipal, District or Cantonment Board authorized by the [State Government] [ Substituted by the ALO 1950 for "Provincial Government"] to advance loans, or by a Co-operative Society;(ii)except for the purposes of sections, 7, 8, 33(1), 35, 36 and 39 (1), (3) and (4), small loans not exceeding Rs. 20 repayable within a year in fixed equated instalments the total of which does not exceed the principal by more than 10 or 20 per cent according as the instalments are spread over a period of less than six months or more than six months, provided that no further interest is charged in addition to fixed euqated instalments; and(iii)a loan of agricultural produce repayable at the next harvest with not more than one-quarter of the quantity of the said produce by way of interest.Explanation. - A loan advanced as one transaction shall, for the purpose of sub-clause (ii) be deemed to be one loan, even though it is evidenced by several separate documents or by separate entries in a document.(b)"Secured loan" means a loan for which property other than agricultural produce is specifically hypothecated as security.(c)"Unsecured loan" means a loan which is not secured.(11)"Money" shall be deemed to include agricultural produce, implements and stock.(12)"Prescribed" means prescribed by this Act, or by rules made under this Act.(13)"Thiekadar" shall have the same meaning as in the Agra Tenancy Act, 1926.(14)"Under-proprietor" shall have the same meaning as in the Oudh Rent Act, 1886.
