Section 2 — Definitions.

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

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

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

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(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 ;

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(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 ;

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

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(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;

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(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—

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(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,

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

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(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,

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(iv) a loan advanced to a trader,

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

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