Provincial Insolvency Act,1920
Act No : 5
Section : Definitions
2. Definitions.-(1) In this Act, unless there is anythingrepugnant in the subject or context,-- (a) "creditor" includes a decree-holder, "debt" includes a judgment-debt, and "debtor" includes a judgment-debtor; (b) "District Court" means the principal Civil Court of original jurisdiction in any area outside the local limits for the time being of the Presidency-towns 5*; (c) "prescribed" means prescribed by rules made under this Act; (d) "property" includes any property over which or the profits of which any person has a disposing power which he may exercise for his own benefit;----------------------------------------------------------------------Extended to Laccadive, Minicoy and Amindivi Islands (w.e.f. 1.10.67):vide Reg. 8 of 1965, s. 3 & Sch.Extend to the Union territory of Pondicherry by Act 26 1968, s. 3 andSchedule.Extended to and brought into force in Dadra and Nagar Haveli (w.e.f.1.7.65), by Reg. 6 of 1963, s. 2 & Sch. 1.Amended in Himachal Pradesh by H.P. Act 31 of 1969.Repealed in its application to the Malabar District by Kerala Act 18of 1957.Extended to the whole of Madhya Pradesh by M.P. Act 23 of 1958 (whennotified).Repealed in its application to Bellary District by Mysore Act 14 of1955.1. The words "in the Provinces of India" omitted by the A. O. 1950.2. The words "and the town of Karachi" rep. by the A. O. 1948. Inthe long title the word "Karachi" had been subs. by the A. O. 1937 for"Rangoon". In the preamble the words "town of Karachi" had been subs.by the A. O. 1937 for "towns of Rangoon and Karachi" which had beensubs. by Act 9 of 1926, s. 11, for "town of Rangoon".3. Subs. by the A. O. 1950 for "all the Provinces of India except".4. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for "Part BStates".5. The following had been subs. by Act 9 of 1926, s. 11, for "and ofthe town of Rangoon":-- "the town of Rangoon and the limits of the ordinary original civil jurisdiction of the Court of the Judicial Commissioner of Sind as defined in section 2 of the Presidency-towns Insolvency Act, 1909". The first four words rep. by the A. O. 1937 and the remainder asamended by Act 34 of 1926, s. 2 and Sch. rep. by the A. O. 1948.72 (e) "secured creditor" means a person holding a mortgage, charge or lien on the property of the debtor or any part thereof as a security for a debt due to him from the debtor; and (f) "transfer of property" includes a transfer of any interest in property and the creation of any charge upon property. (2) Words and expressions used in this Act and defined in theCode of Civil Procedure, 1908 (5 of 1908), and not hereinbeforedefined shall have the same meanings as those respectively attributedto them by the said Code.
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