Section 2 in The Jammu and Kashmir Debtors, Relief Act 1976
2. Definitions.
- Unless there is anything repugnant in the subject or context,-(1)"debt" means a liability of a debtor in cash or in kind payable under a written or unwritten engagement including a liability under a decree or order of a Civil Court but shall not include-(i)debts barred by the law of limitation ;(ii)debts due to the State Land Development Bank, or a Land Development Bank, or a Co-operative Bank as defined in the Jammu and Kashmir Co-operative Societies Act, 1960 or any institution mentioned in section 4(A) of the Jammu and Kashmir Alienation of Land Act, Svt. 1995 or section 140 of the Jammu and Kashmir Transfer of Property Act, Svt. 1977;(iii)bona fide cash advances made for purchase of fruit;(iv)arrears of rent, wages or hires;(v)all sums payable to the Government of Jammu and Kashmir or Union Government or a Company or Corporation owned by the Government of Jammu and Kashmir or the Union Government;(vi)advances made for supply of Labour;(vii)power debts;(viii)maintenance allowances;(ix)claims for money based on compensation for damages arising under tort or otherwise;(x)breach of contract of service;(xi)debts due to a supplier of articles on credit or on instalment basis;(xii)any liability in cash arising out of an order under sub-section (4) of section 16 of the Jammu and Kashmir Distressed Debtors' Relief Act, Svt. 2006.(2)"Debtor" means a person who owes a debt, on his own behalf or assurety for some one else, and who earns his livelihood wholly or principally by agriculture, or by horticultural or pastoral pursuits, carried on within the limits of the State or who, within such limits, ordinarily engages personally in agricultural Labour or such pursuits ; and includes-(i)a lohar, a tarkhan, and a kumhar who, within such limits, is wholly or principally dependent on wages in the shape or agricultural produce given to him on account of his service to agriculturists as such lohar, takhan or kumhar, as the case may be; and(ii)a person who has incurred a debt, for purposes of handicrafts, not exceeding ten thousand rupees ; and(iii)heirs, successors and executors of such person.Explanation. - An "agriculturist" who, without any intention of changing his status as such temporarily ceases to earn his livelihood by such labour or pursuits, or who is prevented from so earning his livelihood or so engaging in such labour or pursuits by age or by bodily infirmity or by insanity or by minority or by necessary absence due to service in the noncommissioned ranks of the Indian Army, Navy and Air Force, or due to service in a Civil Department under the Government of Jammu and Kashmir or the Union Government of India when emoluments of such service do not exceed two hundred and fifty rupees per mensem, does not thereby cease to be an "agriculturist" within this definition;(3)"prescribed" means prescribed by rules made under this Act;(4)"wages" shall have the same meaning as is assigned to it in the law, for the time being in force in the State, relating to compensation payable to workmen ;(5)"land revenue" and "arrears of land revenue" have the meanings assigned to these words in the Jammu and Kashmir Land Revenue Act, Svt. 1996;(6)"creditor" means one to whom a debt is due, but does not include any person serving in the Indian Army, Navy or Air Force;(7)"assets" include the entire property of all sorts owned by a debtor;(8)"Board" means a Debt conciliation Board established under section 3;(9)"Co-operative Society" means a society registered under the provisions of the Jammu and Kashmir Co-operative Societies Act, 1960;(10)the word and expressions used in this Act but not defined, shall have the meanings assigned to them in the Code of Civil Procedure, Svt. 1977 or the Jammu and Kashmir Land Revenue Act, Svt. 1996, as may be applicable.
