- In this Act unless there is anything repugnant in the subject or context-(1)subject to the provisions of the following sub-sections, all works and expressions which are defined or explained in the United Provinces Land Revenue Act, 1901, or the United Provinces Tenancy Act, 1939, shall have the meanings assigned to them therein;(2)"agricultural produce" means the agricultural produce of an agriculturist raised by him or by his servants or by labour hired by him and includes crops, whether standing or gathered, and the fruit and flowers or trees and plants;(3)"agriculturist" means a proprietor of a mahal or of a share in or portion of a mahal or a tenant:Provided that no such proprietor or tenant shall be deemed to be an agriculturist if-(a)the aggregate of the rent, if any, and of ten times the local rate, if any, payable by him exceeds one thousand rupees, or(b)he is assessed to income-tax under the Indian Income Tax Act, 1922 or under the income-tax law of an Indian State;Provided further that no person shall be deemed to be a proprietor or tenant merely by reason of his having acquired proprietary or tenancy rights, otherwise than by inheritance or survivorship, after the first day of June, 1940.Explanation I. - Where a proprietor or a tenant has a subsisting interest in land, but by reason of a temporary transfer docs not for the time being pay the rent or local rate payable in respect of that land, such rent or local rate shall, for the purposes of this sub-section, be deemed to be payable by him.Explanation II. - If on account of a fall in the price of agricultural produce a temporary remission has been made in the land revenue payable by a proprietor or in the rent payable by a tenant, the local rate payable by such proprietor shall, for the purposes of this sub-section be deemed to have been reduced in the same proportion as the land revenue and the rent payable by such tenant shall be deemed to be the rent as reduced by such temporary remission in rent.(4)"bank" means a company which carries on the business of banking and was before the first day of June, 1940, registered under any of the enactments relating to companies for the time being in force [in India or] [Inserted by the A.O. 1950.] in the United Kingdom or in any of the colonies or dependencies thereof [* * *] [The words in British India or in any 'Indian State' omitted by A.O. 1950.] or incorporated by an Act of Parliament [of the United Kingdom] [Inserted by A.O. 1950.] or by Royal Charter or Letters Patent or by [Central Act] [Substituted by A.O. 1950 for the 'Central Legislature'.];(5)"co-operative society" means a society registered or deemed to be registered under the provisions of the Cooperative Societies Act, 1912;(6)"decree to which this Act applies" means a decree passed either before or after the commencement of this Act in a suit to which this Act applies ;(7)"interest" means the return to be made over and above what was actually advanced, whether the same is charged or sought to be recovered specially by way of interest, or usufruct or service to be rendered or otherwise ;(8)"land" means land in a mahal in [Uttar Pradesh] [Substituted by the A.O. 1950 for 'the United Provinces'.] but docs not include land occupied by buildings or appurtenant thereto or land within the limit of any municipality, cantonment or notified area;(9)"loan" means an advance in cash or kind made before the first day of June, 1940; recoverable from an agriculturist or a workman or from any such person and other persons jointly or from the property of an agriculturist or workman and includes any transaction which in substance amounts to such advance, but docs not includes an advance to the liability for the repayment of which has by a contract with the borrower or his heir or successor by sale in execution of a decree been transferred to another person or an advance by the Central or [State Government] [Substituted by the A.O. 1950 for 'Provl. Government'] or by a local authority authorized by the [State Government] [Substituted by the A.O. 1950 for 'Provl. Government'] to make advances or by a cooperative society or by a scheduled bank;Provided that an advance recoverable from an agriculturist or from an agriculturist and other persons jointly shall not be deemed to be a loan for the purpose of this Act unless such advance was made to an agriculturist or to an agriculturist and other persons jointly.(10)[ "local rate" means the rate, which under the United Provinces Local Rates Act, 1914, is payable by or recoverable from an agriculturist possessing heritable and transferable rights] [[Substituted by Section 2 of U.P. Act VI of 1942, made by the Governor in exercise of the powers assumed by him under Section 93 of the G. of I Act, 1953, for the following;'local rate' means the rate payable by, recoverable from, a proprietor under the provisions of the U.P. Local Rates Act, 1914. It was re-enacted and contained by section 2 and Schedule of U.P. Act XIII of 1948.']];(11)"prescribed" means prescribed by this Act or by rules made thereunder;(12)"principal" means the amount originally advanced;(13)"proprietor" includes a superior proprietor and an inferior proprietor but does not include a mortgagee or in Agra a superior proprietor to whom the provisions of section 77 of the United Provinces Land Revenue Act, 1901, apply;(14)"rent" does not include sayar;(15)"scheduled bank" means any bank included at the commencement of this Act in the Second Schedule to the Reserve Bank of India Act, 1934 ;(16)"secured loan" means a loan the repayment of which has been secured by a mortgage of or charge on specific property, or by a pledge;(17)"suit to which this Act applies" means any suit or proceeding relating to a loan, but does not include proceedings under the provisions of the United Provinces Encumbered Estates Act, 1934 ;(18)"tenant" includes a person entered in the register maintained under the provisions of clause (b) or clause (c) of section 32 of the United Provinces Land Revenue Act, 1901, a rent-free grantee, a grantee at a favourable rate of rent and a subtenant but does not include grove-holder or a thekadar;(19)"unsecured loan" means a loan which is not a secured loan;(20)"workman" means a person who is not a proprietor or a tenant and-(a)who earned wages within the meaning of sub-section (vz) of section 2 of the Payment of Wages Act, 1936, within the twelve months preceding the first day of June, 1940, which did not exceed Rs. 600 in the said twelve months and did not exceed Rs. 60 in any such month, or(b)who docs not ordinarily reside within a municipality, cantonment or notified area and who belongs to one of the classes specified in the first Schedule.
