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State of Tamilnadu - Section

Section 2 in Tamil Nadu Debt Conciliation Act, 1936

2. Definitions.

- In this Act, unless there is anything repugnant in the subject or context,-
(a)"landholder" means a person holding land under a Sanad-i-Milkiyat-i-istimrar, a zamindar, shrotriyamdar, jagirdar or inamdar, a person farming the land revenue under Government, and a holder of any land under ryotwari settlement or in anyway subject to the payment of revenue direct to Government;
(b)"tenant" means a ryot having a permanent right of occupancy in his holding and includes a [Kanamdar in the Gudalur taluk of the Nilgiri district]; [Substituted for the words 'Kanamdar in Malabar and a 'Mulgeni' tenant in South Kanara' by clause 3 of, and the Schedule to, the Madras Adaptation of Laws Order, 1957.]
(c)"agriculture" includes horticulture, the use of land for any purpose of husbandry inclusive of the keeping or breeding of livestock, poultry or bees, sericulture and the growing of fruits, vegetables and the like;
(d)"board" means a Debt Conciliation Board established under sub-section (1) of section 3;
(e)"creditor" means a person to whom a debt is owing and includes a cooperative society;
(f)"debt" means all liabilities owing to a creditor, in cash or kind, secured or unsecured, whether payable under a decree or order of a Civil Court or otherwise, and whether mature or not, but shall not include arrears of wages, land revenue or anything recoverable as an arrear of land revenue, rent as defined in the [Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (2nd Amendment) Order, 1969.] Estates Land Act, 1908, or any money for the recovery of which a suit is barred by limitation;
(g)"debtor" means a person-
(i)who earns his livelihood mainly by agriculture or who is an occupancy tenant or landholder whether he cultivates the land personally or otherwise; and
(ii)whose debts exceed one hundred rupees;
(h)"prescribed" means prescribed by rules made under this Act;
(i)"secured debt" includes mortgage debt or any debt for which there is security, lien or charge on immovable property created by deed, statute or otherwise;
(j)"secured creditor" means a creditor who holds for his debt a security by way of mortgage, lien or charge on immovable property created by a deed, statute or otherwise.