- In this Act-(1)"annual household income", in relation to a debtor or a small farmer, means the aggregate of the annual income from all sources of all the members of his family, for the year 1976 ;(2)"appellate officer" means an officer appointed by the State Government for the purposes of hearing appeals under this Act;(3)"Civil Court" includes-(a)any court exercising jurisdiction under the Provincial Insolvency Act, 1920;(b)a Nyaya Panchayat established under the U.P. Panchayat Raj Act, 1947 ;(c)a court exercising powers under the Provincial Small Cause Courts Act, 1947;(4)"creditor" means a person from or in respect of whom a debtor or a small farmer has borrowed or incurred a debt, and includes the [heirs or assignees of such person] [Substituted by U.P. Act No. 2 of 1979 and shall be deemed always to have been substituted.];(5)"debt" includes all liabilities owing to a creditor in cash or kind, secured or unsecured, payable by a debtor or a small farmer under a decree or order of a civil court or otherwise, and subsisting on the date of commencement of this Act, whether sue or not;(6)"debtor" means a landless agriculturer, labourer, a marginal farmer, a rural artisan or an urban worker who owes a debt, but does not include a small farmer;(7)"family", in relation to a debtor, means the debtor, the wife or husband, as the case may be, of such debtor and the unmarried minor children of either or both of them;(8)"landless agricultural labourer" means a person [residing in village] [Inserted by U.P. Act No. 2 of 1979.] who on the date of commencement of this Act, does not hold any land and whose principal means of livelihood is manual labour on agricultural land, and includes a person [residing in village] [Inserted by U.P. Act No. 2 of 1979.] who follows any one or more of the following occupations in the capacity of a labourer on wages, whether paid in cash or in kind or partly in cash and partly in kind, namely-(a)farming, including cultivation and tillage of soil;(b)dairy farming;(c)production, cultivation, growing and harvesting of any horticultural commodity;(d)raising of live stocks, bees or poultry ; and(e)any practice performed on a farm as incidental to or in conjunction with farm operations (including any forestry or timbering operations) and preparation for market and delivery to cold storage or other warehouse or to market or to carriage for transportation of farm products;(9)"marginal farmer" means a person residing in a village who on the date of commencement of this Act, holds agricultural land not exceeding one hectare of unirrigated land and whose principal means of livelihood is income from agricultural land or by manual labour on such land, and includes a person cultivating land as an asami or as a share-cropper;(10)"rural artisan" means a person residing in a village who on the date of commencement of this Act, does not hold any agricultural land, and whose principal source of livelihood is manual labour connected with-(a)the production or repair of traditional tools, implements and other articles or things used for agriculture or purposes ancillary thereto; or(b)the practice of any other craft either by own labour or by labour of the members of his family;(11)"small farmer" means a person residing in a village who, on the date of commencement of this Act, hold unirrigatcd land exceeding one hectare but not exceeding two hectares, and whose principal source of livelihood is income from agricultural land or by manual labour on such land and includes a person cultivating land as an asami or as a share-cropper;(12)"urban worker" means a person,-(a)who does not reside in a village; and(b)whose family on the date of commencement of this Act, does not hold any immovable property; and(c)whose principal source of livelihood is manual labour (including the practice of any craft) either by himself or by the members of his family; and includes a rickshaw puller or scavenger, but docs not include a person who-(i)has in both the financial years ending on March 31, 1975 and March 31, 1976 been assessed to income-tax under the Income Tax Act, 1961; or(ii)has in both financial years ending on march 31, 1975 and March 31, 1976 been assessed to sales tax under the U.P. Sales Tax Act, 1948 or under the Central Sales Tax Act, 1956;(13)"village" shall have the meaning assigned to it in clause (25) of Section 3 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950.Explanation I. - For the purposes of clause (7) 'minor' means a person who his not completed his or her age of eighteen years.Explanation II. - For the purposes of clauses (9) and (11), one hectare of irrigated land shall be equated to two hectares of unirrigated land.Explanation III. - The expression "irrigated land" and "unirrigated land" shall have the meaning respectively assigned to them in the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960.[Explanation IV. [Inserted by U.P. Act No. 2 of 1979.] - Where a person has transferred any property before the commencement of this Act and any proceeding for the annulment of such transfer under the Provincial Insolvency Act, 1920 is pending on the date of such commencement, then the question whether the transferor is a marginal farmer or a small farmer shall be determined only after considering the final orders made in such proceedings.]
