Manipur act 006 of 1976 : The Manipur Agricultural Indebtedness (Relief) Act, 1976

Department
  • Agriculture Department
Enforcement Date

28 Feb 2011

शिक्षा" Gazelte EXTRA'OR’DI"N‘A'R‘Y".v PUBLISHED BY AGTHORITY No. 5(A) Imphal, Thursday, April 15, 1976 (Chaitra 26 , 1898) GOVERNMENT OF MANIPUR SECRETARIAT : LAW: DEPARTMENT . Imphal, the 21st April, 1976 No. 2/19/76-Act/L.—The following Act of Legislature of Manipur which received assent of the Governor on 12-4-76 is hereby published in the Ma- nipur Gazstte. . ' उ. 'BIJOY SINGH, Deputy Secretary (Law) to the Government . of Manipur ‘THE MANIPUR AGRICULTURAL INDEBTEDNESS ' (RELIEF) ACT, 1976 . (Manipur Act 6 of 1976) An Act’ to provide relief from indebtedness to agricultural labourers, rural artisans, 12-4-76 marginal farmers and small farmers. BE it enacted by the Legislature of Manipur in the Twenty-seventh " Year of the Republic of India as follows j— 1. (1) This Act may be called the Manipur Agmcultur-al_! Short title. - Indebtedness (Relief) Act, 1976 _ and extent, (2) It extends to the whole of the State of Manipur, e (3) Itshall come into force at once,

Definitions. 2 In this Act unless the context otherwise requires— (a) <agricultural labourer” is a person who follows any one or more of the following agricultural occupations, in the capacity of a labourer on hire or exchange, whether paid in cash or in kind or partly in cash and partly in kind— (i) farming includ'ing cultivation and ;ti]la»ge of soil etc.; (i) diary farm"’l_'ng_-'_-"," . (i) production, cultivation, growing amd barvesting of any horticultural commodity ; (iv) raising of livestock, bees or poultry ; and (v) any practice performed on a farm as incidental to or in connection with farm operations including any. forestry or timbering operations and preparation for market and delivery to storage or to market. or carriage for transportation of farm production ; (b) “bank” means a banking company defined in section 5 of the Banking Regulation Act, 1949 (Central Act 10 of 1949), a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (Central Act 38 of 1959), a corresponding new Bank as defined in the Banking Companies ( Acquisition- and Transfer of Undertakings) Act, 1970 (Central Act 5 of 1970), the Agricultural Refingnce Corporation Act, 1963 (Central Act 10 of 1963) and a Co-operative Bank, registered or deemed to be registered under the Assam Co-operative Societies Act, 1949 (Assam Act 1 of 1950) as exténded to the State of Manipur. (®) “Civil Court” includes— () any court exercising jurisdiction under the Provincial Insolvency Act, 192C (Central Act 5 of 1920) ; - (i) a_court exercising power under the Provincial Small Cause Courts Act, 1887 (Central Act 9 of 1887); (i) a Nyaya Panchayat established under the Panchayati Raj Act in force in Manipur from time to time ; (iv) a Hill Village Authority duly constituted under the Manipur (Village Authority in Hill Areas) Act, 1956 (Central Act 80 of 1956); (d) “debt” includes all liabilities owing to a creditor in cash or kind, secured or unsecured, payable under a decree or “otherwise and subsisting on the date of the commencemens - of this Act whether dueor not due, but it does not include,— . ः (i) adebt due to Central Government, any State Govern- ment, a local authority, a co-operative society or a bank ; -

x3> (ii) a debt due to any Go‘.vernmen‘t Company within the S ‘L”".m“eflfif:»Qanm‘b"‘w.'Sg of. the. Companies:Act;> 1956 {Central Act 1 of 1956) 5 o i NI t due to the - Life Insurance ‘Corporation . of ia established under the Life Insuranee Corporation ct, 1956 (Central Act 3:0f: 156) rother corporations e time bging inforce.; £ हु के वि rent due'in Tespéct of aty property let out to 2 o wadebtor e gt e “ahy liability arising out of breach of frust or any sertious Liability- 5 - L e ‘any liability in respect of wages. OF remuneration due . .88 salary or otherwise for service rendered:; - . ) any lisbility m:"“,—-rvevs"_pec,‘-t,_,o“'f"m'a‘vx'n"t’en'_an'v'v"Vc whether under “d'decree of a civil court or otherwise’; ं v debt -which rfepresents the pricé of any ४०05. rchased:by -adebtor’; .. - . “(e) ‘debtor” means an agricultural Jabourer, a marginal farmer, - - saismalkfarmer or .a riral artisan;” who owes a debt; . “(f) ““margina armer’”” means a p rson_who. owns, agricultural land not exceeding one. hectare and whose_principal means -of liveliiood .is: by, agriculture and ‘includes a:tenant or cropper . who cultivated land.measufing not ‘more - -+ i4s production-or repair of traditional tools, implements and. " othet; articles: ot things: wsed - for “agriculture "ot ‘purpose " anciliary - thereto ‘and alsd a person who ‘normally earns - - his livelihood by practising a craft either by his own " labour or. by the fabour of tbe members of his family " in. a rural area ; (b) “scheduled caste” ‘means-a member of any caste or part " of or group within a caste specified as scheduled caste with respect to the State of Mauipur under Article: 342 of the Constitution of India 7: S ः (i) “scheduled tribe” means a member - of any tribe, tribal community or part of or group within: a tribe or tribal of ' community specified_as such with respect to the State of ' Manipur uade:. Acticle 342 of the Constitution. of India:; Gy <small farmer”” means: 3 person who owns agricultural - * land exceeding one hectare but not exceeding two hectares - and whose principal means of livelihood is by agriculture..

Moratorium of certam debts. Repeal and Savings. 4 Explanation.—The limits of agricultural land mentioned in clauses (f) and (j) above shall be deemed to be doubled in the case of a marginal or small farmer belonging to & Scheduled Tribe and Scheduled Caste ‘only, 3. Notwit,hstand‘ing anything contained in any enactment for the . time being in force or in any contract or instruments having the force of law and save as otherwise provided in this Act, every debt advanced before the commencement of this Act to a debtor shall stand suspended for a period of one year from the date of commencement of this Act which period may, by notification छ्फ्र the State Government, be extended from time to time for a period not exceeding three years in the aggregate and,— : _ ’ ' () any proceeding pending in any Civil Court for the recovery thereof shall stand postponed till the expiry of the aforesaid period ; () mno Civil Court having jurisdiction shall entertain and suit or proceeding for the recovery of the debt suspended during the aforesaid period. 4. (1) The Manipur Agricultural Indebtedness ( Relief ) Ordinance, 1975 ( Manipur Ordinance No, 4 of 1975), shall stand repealed on the day this Act comes into force: : () On and from the date on which the provisions of this Act are brought into force in the State of Manipur, anything done and any step taken (including order, scheme, rule, form or notice) under the repealed Ordinance shall, in so far as it is not inconsistent with the provisions of this Act, continue to be in force unless and until it is superseded by any thing done or any action taken in accordance with law. ' T e —— e e - — s e e Imphal—Printed by the Supdt., Ptg. & Sty., Manipur at the Govt, Press, Imphal, Copy—500/15-4-74,

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