All Sections

Definitions.

§23

Summary

In this Chapter, unless the context requires otherwise,- (a) "award" means an award made under sub-section (4) of section 27 or under section 41 or 42 or as confirmed or modified by the Court in appeal; (b) "Court" means- (i) in Greater Bombay, the Court of Small Causes, Bombay, (ii) in any area for which a Court of Small Causes is established under the Provincial Small Cause Courts Act, 1887 (IX of 1887), such Court, and (iii) elsewhere, the Court of the Civil Judge (Junior Division) having jurisdiction in the area in which the debtor ordinarily resides or, if there is no such Civil Court, the Court of the Civil Judge (Senior Division) having ordinary jurisdiction; (c) "debt" means any liability, in cash or kind, outstanding on the date of commencement of this Chapter being a liability arising out of a loan (with interest if the loan is taken by a worker, and with or without interest, in any other case), whether secured or unsecured, due from a debtor, whether payable under a decree or order of any Court or otherwise; (d) "debtor" means- (i) a marginal farmer, small farmer, rural artisan or rural labourer as defined in section 2, who owes any debt and whose total income from all sources exceeded two thousand and four hundred rupees, but did not exceed six thousand rupees during the year immediately preceding the date of commencement of this Chapter; (ii) a worker as defined in section 2, who owes any debt, and- (A) whose total income from all sources exceeded, if living in an urban area, six thousand rupees, but did not exceed eight thousand rupees, during the year immediately preceding the date of commencement of this Chapter, or exceeded, if living elsewhere, four thousand and eight hundred rupees, but did not exceed seven thousand rupees, during that year; or (B) who holds immovable property the market value of which, on the date of commencement of this Chapter, exceeds twenty thousand rupees, but does not exceed forty thousand rupees; (iii) an agriculturist, who owes any debt and who, on the date of commencement of this Chapter, holds more than two hectares of unirrigated land, but less than four hectares of such land, and cultivates such land personally; or an agriculturist who owes any debt and who is, on the date of commencement of this Chapter, cultivating as a tenant or a share cropper any land measuring more than two hectares of unirrigated land, but less than four hectares of such land, in both cases the land being situated in any drought-prone area; or (iv) any other person, the payment of recovery of whose debts has been stayed under section 14 or against whom any proceedings have been stayed under section 15; (e) "drought-prone area" means any area or areas, which the State Government, having regard to the distress caused therein by serious drought, flood or other natural calamities, may, from time to time, by notification in the Official Gazette, declare to be drought-prone areas, for the purpose of this Chapter; (f) "financing of crops" means advancing of loans for the cultivation of crops during the ploughing season or later, for ploughing, sowing, harrowing, weeding, harvesting, purchase of seeds manure or bullocks or for such other purposes and payable during such periods (not exceeding five years from the date on which the loan is advanced) as may be prescribed; (g) "prescribed" means prescribed by rules made under this Chapter; (h) "resource society" shall have the meaning assigned to it in the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961); (i) "seasonal finance" means advancing of loans for preparation of lands for irrigation, for constructing field channels or bunds to save land from erosion, for the removal of silt or for such other purposes and payable during such period as may be prescribed; (j) words and expressions used in this Chapter, but not defined in this Chapter, shall have the meanings, respectively, assigned to them in the other Chapters of this Act, or the Code of Civil Procedure, 1908 (V of 1908), as the case may be.

In this Chapter, unless the context requires otherwise,- (a) "award" means an award made under sub-section (4) of section 27 or under section 41 or 42 or as confirmed or modified by the Court in appeal; (b) "Court" means- (i) in Greater Bombay, the Court of Small Causes, Bombay, (ii) in any area for which a Court of Small Causes is established under the Provincial Small Cause Courts Act, 1887 (IX of 1887), such Court, and (iii) elsewhere, the Court of the Civil Judge (Junior Division) having jurisdiction in the area in which the debtor ordinarily resides or, if there is no such Civil Court, the Court of the Civil Judge (Senior Division) having ordinary jurisdiction; (c) "debt" means any liability, in cash or kind, outstanding on the date of commencement of this Chapter being a liability arising out of a loan (with interest if the loan is taken by a worker, and with or without interest, in any other case), whether secured or unsecured, due from a debtor, whether payable under a decree or order of any Court or otherwise; (d) "debtor" means- (i) a marginal farmer, small farmer, rural artisan or rural labourer as defined in section 2, who owes any debt and whose total income from all sources exceeded two thousand and four hundred rupees, but did not exceed six thousand rupees during the year immediately preceding the date of commencement of this Chapter; (ii) a worker as defined in section 2, who owes any debt, and- (A) whose total income from all sources exceeded, if living in an urban area, six thousand rupees, but did not exceed eight thousand rupees, during the year immediately preceding the date of commencement of this Chapter, or exceeded, if living elsewhere, four thousand and eight hundred rupees, but did not exceed seven thousand rupees, during that year; or (B) who holds immovable property the market value of which, on the date of commencement of this Chapter, exceeds twenty thousand rupees, but does not exceed forty thousand rupees; (iii) an agriculturist, who owes any debt and who, on the date of commencement of this Chapter, holds more than two hectares of unirrigated land, but less than four hectares of such land, and cultivates such land personally; or an agriculturist who owes any debt and who is, on the date of commencement of this Chapter, cultivating as a tenant or a share cropper any land measuring more than two hectares of unirrigated land, but less than four hectares of such land, in both cases the land being situated in any drought-prone area; or (iv) any other person, the payment of recovery of whose debts has been stayed under section 14 or against whom any proceedings have been stayed under section 15; (e) "drought-prone area" means any area or areas, which the State Government, having regard to the distress caused therein by serious drought, flood or other natural calamities, may, from time to time, by notification in the Official Gazette, declare to be drought-prone areas, for the purpose of this Chapter; (f) "financing of crops" means advancing of loans for the cultivation of crops during the ploughing season or later, for ploughing, sowing, harrowing, weeding, harvesting, purchase of seeds manure or bullocks or for such other purposes and payable during such periods (not exceeding five years from the date on which the loan is advanced) as may be prescribed; (g) "prescribed" means prescribed by rules made under this Chapter; (h) "resource society" shall have the meaning assigned to it in the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961); (i) "seasonal finance" means advancing of loans for preparation of lands for irrigation, for constructing field channels or bunds to save land from erosion, for the removal of silt or for such other purposes and payable during such period as may be prescribed; (j) words and expressions used in this Chapter, but not defined in this Chapter, shall have the meanings, respectively, assigned to them in the other Chapters of this Act, or the Code of Civil Procedure, 1908 (V of 1908), as the case may be.

← Previous Section Next Section →

Explore this Chapter