Section 2(5) in The Maharashtra Agricultural Debtors Relief Act, 1947
(5)"debtor" means -(a)an individual -(i)who is indebted;(ii)who holds land used for agricultural purposes or has held such land at any time not more than 30 years before the 30th January, 1940, which has been transferred whether under an instrument or not and which transfer is in the nature of a mortgage although not purporting to be so;(iii)who has been cultivating land personally for the cultivating seasons in the two years immediately preceding the date of the coming into operation of this Act or of the establishment of the Board concerned under repealed Act; and(iv)whose annual income from sources other than agriculture and manual labour does not exceed 33 per cent of his total annual income or does not exceed Rs. 500, whichever is greater;(b)an undivided Hindu family -(i)which is indebted;(ii)which holds land used for agricultural purposes or has held such land at any time not more than 30 years before the 30th January 1940, which land has been transferred whether under an instrument or not and which transfer is in the nature of a mortgage although not purporting to be so;(iii)which has been cultivating land personally for the cultivating seasons in the two years immediately preceding the date of the coming into operation of this Act or of the establishment of the Board concerned under the repealed Act; and(iv)the annual income of which from sources other than agricultural and manual labour does not exceed 40 per cent, of its total annual income and the aggregate of such incomes of the members of which does not exceed Rs. 1,500.Explanation [I] [This Explanation was numbered as Explanation I by Bombay 70 of 1948, Section 2(3).]. - For the purposes of this clause "agriculture" includes horticulture, the raising of crops or garden produce, dairy farming, poultry farming, stock breeding and grazing, but does not include leasing of land or cutting only of wood;[Explanation II - In the case of-(a)any person who dies leaving as his heir, a widow or a minor or a person who is subject to physical or mental disability, or(b)an undivided Hindu family, in which there are no adult male co-parceners capable of cultivating the land personally,the income derived by such heir or family by the lease of land for an agricultural purpose shall, notwithstanding anything contained in Explanation I, be deemed to be income from agriculture.] [This Explanation was added by Bombay 70 of 1948.]
