Bare ActsThe Kerala Farmers' Debt Relief Commission Act, 2006

Section 2

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Defimtzons -In thts Act, unless the context otherwise requtres,- , V: (t) "agnculture" mcludes horuculture, fannmg and growmg of medtcmal plants, crops and mtercrops, fruits, vegetables, flowers, grass, fodder grass and trees or any kmd of culu vat10n of s01l, conductmg nursery, breedmg and keepmg of hvestock mcludmg fish, mussel, bees, silkwonn, poultry, duck, cattle or ptg and the use of land for agnculture alhed acttvlttes or any. other agncultural purposes; (n) "agncultural labourer" means a person who; m constderattOn of the wages payable to htm by a landowner, works on the agncultural land of such landownttr or does any other agricultural operation, (w) "appropnate level of debt" means the amount determined by the Commtsston as repayable by the debtor under clause (b) of sub-section (1) of sectJOn ~,, (tv) "Commts!>JOJJ." means the Kerala State Farmers' Debt Relief Commtsston constituted under sectton 3, (v) "Co-operattve Soctety" means a soctcty regtstered or deemed to have been regtstered under the Kerala Co-op~rattve Socteties Act, 1969 (21 of 1969), • (vt) "credttor" means any person engaged m money lendmg, ·whether under a hcence or not and mcludes hts heirs, legal representatives, asstgnees, co- operative soc1ety and any other person as may be nottficd by the Government; (w) "debt" means any habthty, whether secured or unsecured due from a Z. farmer on or before the commencement of thts Act whether payable under a - contract, or under a decree or order of any Court or Tnbunal, or otherwise, and mcludes, (a) any sum payable to,-- (t) an mstitu!tonal credttor, {n) a co-operattve soctety, (b) any sum borrowed by a farmer from the credttor; But does not mclude any loan amount taken by the farmer for commercial ..:....- purposes or luxury other than agncultural alhcd commerctal purposes, to augment ~ h1s mcome and the amount payable to Central or State Governments or other State Governments or Govenunents of Umon Temtones and the amount due to 19 Local Self Government Instttuttons, Statutory Bodies, Central or State Public Sector Undertakmgs and other Instttut10ns as may be specified by the Government by nohficahon; (vtu) "dtstnct" means a revenue d1stnct, (1x) "dtstress affected area" means revenue dtstnct or dsstnct~ or part thereof m the State, declared by the Government as per Sccllon 6, for the purpose of th1s Act, on the recommendattons of the Commissjon; ' . {x) "distress affected crop" means any crop or crops of the State declared by the Government as per section 6 on the recommendatton of the Comm1ss1on, for the purpose of this Act; (x1) "d1stress affected farmer'' means a fanner declared as such by the Commtss•on and mcludes agncultural labourer for the purpose of thts Act; (xn) "fatr rate of interest" means the rate of mtcrcst detcmund by the CommiSSion under clause (b) of sub·sectJOn ( 1) of sectaon 5 of tlus Act; (xnt) "fanner" means a person who holds whether as owner, hccnsee, mortgagee m possess1on, oral lease, Govcnunent land lease "Kuthakapattam" or partly m one capactty and partly m another w1th possesston of an extent of land not exceedmg four hectares and whose pnnctpal means of hvchhood is agnculture and whose annual mcome does not exceed rupees two lakhs and mcludes an agnculturallabourer, Kudumbasree and self help group unite; domg culttvauon by talang over agncultural la11d on lease agreement condition, (xtv) "financtal mstltutlon'' means any financtal institution constituted by or under any Central Act, State Act for the ttme bemg m force and owned and controlled by the Government, (xv) "Government'' means the Government of Kcrala; (xvi) "tnstttuttonal cred1tor" means the State Bank of India or any Subs1d1ary Bank w1thm the meaning of clause (k) of sectton 2 of the State Bank of Iruha (Subsidiary Bank) Act, 1959 or any Scheduled Bank; (xvu) "mterest" means any amount payable m excess of the princtpal -<_... amount borrowed or ptcumary obhgatton mcurrcd, by whatsoever name such amount may be called, whether the same IS expressly mentioned or not m the document or contract, tf any, 20 (xvm) "member" means a member of the Comm1sston and mcludes the Chaannan, (xtx) "penal mterest" means any amount payable m excess of mtercst on a debt; I (xx) "prescnbed" means prescnbed by rules under thts Act, (:un) "pnncipal amount" means the amount ongmally advanced together w1th the amount, 1f any, as has been subsequently advanced, notwtthstandmg any sttptWition to treat any mterest as capital and notwithstandmg that the debt has been renewed, whether by the same fanner or by hts herrs, asstgnees, or legal .representatives or by any other person actmg on his behalf or on his mterest, and whether m favour of the same credttor or hts he1rs, asstgnees or legal . representatlves or of any other person actmg on hts behalf or on hts mterest, (xxu) "Secretary" means the Secretary to the Commission appomted under sub-sectiOn (4) of Sect1on 3, (xxm) "State" means the State of Kerala .

Section 2 – The Kerala Farmers' Debt Relief Commission Act, 2006 | DailyLaw.ai