Definitions.
Unless there is anything repugnant in the subject or
context,––
(1) “debt” means a liability of a debtor in cash or in kind payable under
a written or unwritten engagement including a liability under a decree or order of a Civil Court but shall not include––
(i) debts barred by the law of limitation ;
(ii) debts due to the State Land Development Bank, or a Land
Development Bank or a Co-operative Bank as defined in the
Jammu and Kashmir Co-operative Societies Act, 1960
1 or any
institution mentioned in section 4 (A) of the Jammu and Kashmir Alienation of Land Act, Svt. 1995
2[x x x x] ;
(iii) bona fide cash advances made for purchase of fruit ;
(iv) arrears of rent, wages or hires ;
(v) all sums payable to the
3[Government of Union territory of
Jammu and Kashmir] or Union Government or a Company or
Corporation owned by the
3[Government of Union territory of
Jammu and Kashmir] or the Union Government ;
(vi) advances made for supply of Labour ;
(vii) power debts ;
(viii) maintenance allowances ;
(ix) claims for money based on compensation for damages arising under tort or otherwise ;
(x) breach of contract of service ;
(xi) debts due to a supplier of articles on credit or on instalment
basis ;
(xii) any liability in cash arising out of an order under sub-section
(4) of section 16 of the Jammu and Kashmir Distressed Debtors’ Relief Act, Svt. 2006 ;
(2) “Debtor” means a person who owes a debt, on his own behalf or as
surety for some one else, and who earns his livelihood wholly or
principally by agriculture, or by horticultural or pastoral pursuits,
carried on within the limits of the
*State or who, within such limits,
ordinarily engages personally in agricultural labour or such pursuits ; and includes––
(i) a lohar, a tarkhan, and a kumhar who, within such limits, is
wholly or principally dependent on wages in the shape of
agricultural produce given to him on account of his service to agriculturists as such lohar, tarkhan or kumhar, as the case
may be ; and
(ii) a person who has incurred a debt, for purposes of handicrafts, not exceeding ten thousand rupees ; and
(iii) heirs, successors and executors of such person.
Explanation:–– An “agriculturist” who, without any intention of changing
his status as such temporarily ceases to earn his livelihood
by such labour or pursuits, or who is prevented from so earning his livelihood or so engaging in such labour or pursuits
by age or by bodily infirmity or by insanity or by minority or
by necessary absence due to service in the non-commissioned
ranks of the Indian Army, Navy and Air Force, or due to service in the Civil Department under the Government of Jammu
and Kashmir or the Union Government of India when emoluments of such service do not exceed two hundred and fifty
rupees per mensem, does not thereby cease to be an “agriculturist” within this definition ;
(3) “prescribed” means prescribed by rules made under this Act ;
(4) “wages” shall have the same meaning as is assigned to it in the law,
for the time being in force in the *State, relating to compensation
payable to workmen ;
(5) “land revenue” and “arrears of land revenue” have the meanings
assigned to these words in the Jammu and Kashmir Land Revenue
Act, Svt. 1996 ;
(6) “creditor” means one to whom a debt is due, but does not include
any person serving in the Indian Army, Navy or Air Force ;
(7) “assets” include the entire property of all sorts owned by a debtor;
(8) “Board” means a Debt Conciliation Board established under section 3 ;
(9) “Co-operative Society” means a society registered under the provisions of the Jammu and Kashmir Co-operative Societies Act, 1960
1
;
(10) the word and expressions used in this Act but not defined, shall
have the meanings assigned to them in the
4[Code of Civil Procedure, 1908 (5 of 1908)] or the Jammu and Kashmir Land Revenue
Act, Svt. 1996, as may be applicable.
1. Now the Cooperative Societies Act, 1989.
2. Words and figures “or section 140 of the Jammu and Kashmir Transfer of Property Act,
Samvat 1977” omitted by S.O. 1229 (E) dated 31.03.2020.
3. Substituted for “Government of Jammu and Kashmir” by S.O. 1229 (E) dated 31.03.2020.
* Now Union territory of Jammu and Kashmir.
4. Substituted for “Code of Civil Procedure, Samvat 1977” by S.O. 1229 (E) dated 31.03.2020.