2. Definitions.

In this Act, unless the context otherwise requires _ (1) "agriculturist" means a person who has an interest, other than as a simple mortgagee, in any agricultural or horticultural land in the State of Kerala, and includes- (a) an agricultural labourer; (b) a kudikidappukaran; and (c) a tenant. But does not include- (i) any person assessed to sales tax on a turnover which in the aggregate is not less than forty thousand rupees in any two years within the three years immediately preceding the commencement of this Act, under the Kerala General Sales Tax Act, 1963 or the Central Sales Tax Act, 1956, or the law of any other State relating to sales tax; (ii) any person assessed to income-tax under the Income-tax Act, 1961, in any two years within the three years immediately preceding the commencement of this Act and whose total income for the purposes of the said Act exceeded eight thousand rupees per annum; (iii) any person assessed to agricultural income tax in any two years within the three years immediately preceding the commencement of this Act, under the Agricultural Income tax Act, 1950, or under any other law relating to agricultural income-tax, on an income exceeding eight thousand rupees per annum. Explanation-Notwithstanding anything contained in the Indian Evidence Act, 1872, where a creditor proves that his debtor is a person assessed to the tax mentioned in sub- clause (i) or sub-clause (ii) or sub-clause (iii) for the period referred to in that sub-clause, the burden of proving that such debtor does not fall under the category specified in that sub-clause shall lie on the debtor; (iv) a firm registered under the Indian Partnership Act, 1932 or a company as defined in the Companies Act, 1956, or a corporation formed in pursuance of an Act of Parliament of the United Kingdom or of any special Indian Law. ExplanationI.-For the purposes of this clause, "agricultural labourer" shall mean a person whose principal means of livelihood is the income he gets as wages in connection with the agricultural or horticultural operations he performs. Explanation II.- For the purposes of this clause, the expression "person" shall include a family, provided that sub-clauses (i) to (iii), in their application to a family consisting of not less than five members, shall have effect as if for the turnover, total income or income specified therein, twice such turnover, total income or income, as the case may be, were substituted. Explanation III.-Where a family is an agriculturist every coparcener or member of the family shall be deemed to be an agriculturist, provided that he does not fall under any of the categories specified in sub-clauses (i) to (iii); (2) "banking company" means a banking company as defined in the Banking Regulations Act, 1949; (3) "court" means any civil court having jurisdiction to entertain a suit for the recovery of a debt; (4) "debt" means any liability in cash or kind, 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 a decree or order of any court, or otherwise, but does not include- (a) any sum payable to- (i) the Government of Kerala or the Government of India or the Government of any other State or Union territory or any local authority; 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 Banks) Act, 1959 or the Travancore Credit Bank (in liquidation) constituted under the Travancore Credit Bank Act, IV of 1113: [Provided that the right of the bank to recover the sum did not arise by reason of (A) any assignment made; or (B) any transfer effected by operation of law, subsequent to the 1st day of July, 1957; or (iii) a corporation owned or controlled by the Government of Kerala; or the Government of any other State or the Government of India or a Government Company as defined in the Companies Act, 1956; or (iv) the Tea Board constituted under the Tea Act, 1953, or the Coffee Board constituted under the Coffee Act, 1942, or the Rubber Board constituted under the Rubber Act, 1947, or the Cardamom Board constituted under the Cardamom Act, 1965; or (v) any co-operative society, including a Land Mortgage Bank, registered or deemed to be registered under the Co-operative Societies Act for the time being in force; or (b) any sum payable to any bank specified in column (2) of the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1969, on account of any transaction entered into after the 18th day of July, 1969, other than by way of renewal; or (c) any liability arising out of a breach of trust or any tortious liability; or (d) any liability in respect of maintenance, whether under a decree of court or otherwise; or (e) any liability in respect of wages or remuneration due as salary or otherwise for services rendered; or (f) any debt which represents the price of goods purchased for the purpose of trade; or (g) any liability for which a charge is provided under sub-clause (b) of clause (4) of section 55 of the Transfer of Property Act, 1882; or (h) any rent payable in respect of any building; or (i) any rent or michavaram payable in respect of any land: Provided that in the case of arrears of rent or michavaram accrued due on or after the 1st day of May, 1968, and before the commencement of this Act, any agriculturist debtor shall be entitled to pay such arrears in five equal half-yearly instalments as provided in sub-section (3) of section 4, but the provisions of section 5 shall not apply to such arrears. (j) any debt or debts due to a widow at the commencement of this Act, provided that the value of the property owned by her at such commencement, including the principal amount of the debt or debts so due, does not exceed ten thousand rupees. Explanation.- For the purposes of this sub-clause, the house in which the widow lives, her wearing apparel or similar personal belongings shall not be regarded as property or (k) any liability incurred or arising under a chitti or kuri which is registered or licensed under the Travancore Chitties Act, 1120, or the Cochin Kuries Act, VII, of 1107, or conducted under any chit fund scheme, and which has not terminated one year before the commencement of this Act: Provided that nothing in this sub-clause shall apply to the liability of a foreman incurred or arising under any such chitty or kuri, where the foreman is a co-operative society registered or deemed to be registered under the Co-operative Societies Act for the time being in force. Explanation.- For the purposes of this sub-clause, a chitty or kuri shall be deemed to have terminated- (i) when the period fixed in the variola or vaimbu or kuripattika or the period as altered by a subsequent special resolution for the duration of the chitty or kuri, has expired; or (ii) when the legal representative of a deceased foreman or the guardian of a foreman of unsound mind or the subscriber or the subscribers selected therefore fails or fail to conduct the chitty or kuri or to make suitable arrangements for the further conduct of the chitty or kuri ;or (iii) on the failure of the foreman or foremen to pay the prize amount to the subscriber within one month from the due date thereof; or (iv) on the failure of the foreman or foremen to conduct the chitty or kuri at any instalment or on any other date before the next instalment as may be agreed upon in writing by a majority of the non -prized subscribers: Provided that if there are more foremen than one and one or more of such foremen is or are living and is or are not disqualified to conduct the chitty or kuri, the chitty or kuri shall not be deemed to have terminated if there is provision in the variola or vaimbu or kuripattika enabling the remaining foreman or foremen to conduct the chitty or kuri or if the non- prized subscribers agree by a special resolution to the conduct of the chitty or kuri by the remaining foreman or foremen; or (l) any debt exceeding three thousand rupees borrowed under a single transaction and due before the commencement of this Act to any banking company: Provided that in the case of any debt exceeding three thousand rupees borrowed under a single transaction and due before the commencement of this Act to any banking company, any agriculturist debtor shall be entitled to repay such debt in eight equal half yearly instalments as provided in sub-section (3) of section 4, but the provisions of section 5 shall not apply to such debt; or (m) any amount due on account of any goods to a financier who financed the purchase of such goods and whose principal business is to finance the purchase of goods; or (n) any sum advanced for the purposes of agriculture by an institution receiving financial assistance from the Agricultural Refinance Corporation established under the Agricultural Refinance Corporation Act, 1963 ExplanationI.-For the purposes of this clause.- (i) the liability of a surety who is an agriculturist shall be deemed to be a debt within the meaning of this Act, notwithstanding that the principal debtor is not an agriculturist; (ii) where a debt has been split up in any manner whatsoever, whether before or after the commencement of this Act, and fresh documents have been executed in respect of different portions of the debt, each such different portion shall be a debt. Explanation II.- Where the debt is a liability in kind, the value of the commodity shall be commuted at the market rate prevailing on the date on which the debt was incurred; (5) "debtor", "creditor", "melpattomdar" "mortgagee" and "mortgagor" shall include the heirs, legal representatives and assigns of the debtor, creditor, melpattomdar, mortgagee, and mortgagor respectively: Provided that in the case of a debtor, such heirs, legal representatives or assigns are also agriculturists; (6) "family" means a Hindu undivided family or a Marumakkathayam tarward or thavazhi or an Aliyasanthana kudumba or kavaru or a Namboodiri illom; (7) "kudikidappukaran" shall have the same meaning as in clause (25) of section 2 of the Kerala Land Reforms Act, 1963; (8) "melpattom" means any transaction relating only to the usufructs of trees for a specific period in recoupment of an advance made or promised; (9) "pay" with its grammatical variations includes deliver; (10) "principal" 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 debtor or by his heirs, legal representatives or assigns 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 assigns or of any other person acting on his behalf or in his interest; (11) "tenant" shall have the same meaning as in clause (57) of section 2 of the Kerala Land Reforms Act, 1963.