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Section 2: Definitions

The Kerala Agricultural Debtors (Temporary Relief) Act, 2001State Act of Kerala · Act 19 of 2001

In this Act, unless the context otherwise requires,—

(i) "agricultural labourer" means a person who, in consideration of the wages payable to him by a landowner, works on or does any other agricultural operation in relation to the agricultural land of such landowner;

(ii) "agriculturist" means a person who has an interest, other than as a simple mortgagee, in any agricultural or horticultural land in the State, the extent of which does not exceed two hectares and whose annual income does not exceed sixty thousand rupees and whose principal means of livelihood is agriculture and includes an agricultural labourer;

(iii) "Co-operative Society" means a society registered or deemed to be registered under the Kerala Co-operative Societies Act, 1969 (19 of 1969) and includes a Service Cooperative Bank;

(iv) "creditor" shall include the heirs, legal representatives and assignees of the creditor;

*Received the assent of Governor on 28.12.2001 and published in the Kerala Gazette Extraordinary No. 287 on 20th March, 2002.

(v) "debts" means any dues or liability in cash, whether secured or unsecured due from or incurred by an agriculturist on or before the commencement of this Act, whether payable under a contract, or under decree or order of any Court, or Tribunal, or otherwise but does not include,—

(a) any sum payable to,—

(i) the Government of India or the Government of any other State or Union Territory; or

(ii) the Reserve Bank of India or the State Bank of India or any subsidiary bank within the meaning of clause (k) of section 2 of the State Bank of India (Subsidiary Bank) Act, 1959 or a scheduled bank; or

(iii) any creditor as may be notified by the Government, from time to time; or

(b) any loan given to an agriculturist utilising the fund received by the Kerala State Housing Board from any Central Institutions including HUDCO providing financial assistance for housing; or

(c) any debt exceeding fifty thousand rupees borrowed under a single transaction by an agriculturist and due before the commencement of this Act to a creditor;

(vi) "family" means husband and wife, minor children and unmarried daughters;

(vii) "Interest" means any amount or other things paid or payable in excess of the principal amount borrowed or pecuniary obligation incurred, or where anything has been borrowed in kind, in excess of what has been so borrowed by whatsoever name such amount or thing may be called, and whether the same is paid or payable entirely in cash or entirely in kind or partly in cash or partly in kind and whether the same is expressly mentioned or not in the document or contract, if any;

(viii) "land owner" means,—

(a) in relation to a land personally cultivated, the owner of such land;

(b) in any other case, the person in actual possession of the land, and includes his heirs, assignees and legal representatives;

(ix) "pay" with its grammatical variations, includes deliver;

(x) "penal interest" means any amount or other thing payable in excess of the interest;

(xi) "prescribed" means prescribed by rules made under this Act;

(xii) "principal amount" means the amount originally advanced together with such sum, if any, as has been subsequently advanced, notwithstanding any stipulation to treat any interest as principal and notwithstanding that the debt has been renewed or included in a fresh document, whether by the same agriculturist or by his heirs, legal representatives or assign or by any other person acting on his behalf or in his interest, and whether in favour of the same creditor or his heirs, legal representatives or assignees or of any other person acting on his behalf or in his interest.

Where this provision sits

ActThe Kerala Agricultural Debtors (Temporary Relief) Act, 2001
Section2
Marginal noteDefinitions
JurisdictionState of Kerala
StatusIn force as published by the source

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