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Section 2. Definitions

In this Act, unless there is anything repugnant in the subject or context,—

(a) “bank” means a company carrying on the business of banking ;

(b) “company” means a company as defined in 4[the Companies Act, 2013 (18 of 2013)] for the time being in force ;

(c) “co-operative society” means a society registered or deemed to be registered under the provisions of the Jammu and Kashmir Co-operative Societies Act ;

(d) “creditor” means a person who in the regular course of business advances a loan as defined in this Act, and shall include, subject to the provisions of section 3, the legal representatives and the successor-in-interest whether by inheritance, assignment or otherwise of the person who advanced the loan ;

1[(da)“Government” means Government of the Union territory of Jammu and Kashmir ;]

(e) “interest” includes the return to be made over and above what was lent, whether the same is charged or sought to be recovered specifically by way of interest or otherwise;

(f) “loan” means an advance whether of money or in kind at interest and shall include any transaction which the Court finds to be in substance a loan, but it shall not include—

(i) a deposit of money or other property in a Government Post Office Bank or any other bank or in a company or with a co-operative society,

(ii) a loan advanced by Government or by any local body authorised by Government,

(iii) a loan advanced by a bank, a co-operative society or a company whose accounts are subject to audit by a certified auditor under any law for the time being in force in the *State,

(iv) a loan advanced to a trader,

(v) an advance made on the basis of a mortgage deed ;

(g) “prescribed” means prescribed by rules made under this Act.

1Superscript markers show text inserted or substituted by a later amendment. The Act carries the markers without the footnotes they refer to, so they are shown without a target.