Tamil Nadu act 004 of 1938 : The Tamil Nadu Agriculturists Relief Act, 1938

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Act 4 of 1938

Keyword(s):

Agriculturist, Debt, Rent, Creditor, Mortgagee

Amendments appended: 15 of 1943, 23 of 1948, 5 of 1949, 24 of 1950, 8 of

1973

1938: T.N. Act IV] Agriculturists Relief 56 5

I

I

THE '[TAMIL NADU] AGRICULTURlSrS

RELIEF ACT, 1938.

TABLE OF CONTENTS.

PREAMBLE. ^I

SECTIONS.

1. Short title.

2. Extent. ,

3. Definitions.

4. Certain debts and liabilities not to be affected.

5. Special provisioll for undivided Hindu fami- lies, etc.

6 . Heirs of non-ngriculturist members of Hindu frtmilies to be non-agriculturists.

C ~ T A ~ ~ R I[--SCAI.ING 1)OWN OF D ~ B T S AND

l:UTLlI< t n.\ 1'1. O F IN TI.RTSI .

7. Dcb~s pny:~blc by :1gricullurists to be scaled down.

8. Pl.ovicion li,r debts incur~.ed before 1st March

1972.

9-A. Spcci;iI provision in ~.t.spcct of usufructuan mortgages.

I I

10. Exceptions. 1

11. Provisions as to costs, etc., in certain cases,

2

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Agriculturists Relief [193%: T.N. Act IV

SECTIONS.

12. Rate of interest payable by agriculturists on

old loans.

13. Rate of interest payable by agricult~~rists on new bans.

13-A. Rate of interest payable by certain persons on debts.

14. Separation of share of debt in particular cases.

15. Conditional discharge of arrears of rent due to landholders, etc.

16. Latzciholder to be entitled to recover lanci cess and costs.

17. Extension of limitation for suits. etc., for rent in certain cases.

1 7-A. Scaling tlotvn of interest on arrears of rent.

CIIAPTFK lV--PROCFDURE AND MISCFLLANEOUS.

18. Prnvisto~l ns to costs i l l certnitl enses.

19. Alneldment of certain decrees.

19-A. Application for the cleterminntion of tile anlount of debt due.

20. Stay of cxcct~tion proceedings. A 21. Arljudications in insolvency.

22. Special provision in the case of certain sales of movable property.

23. Sales of immovable property to be set aside in certain cases.

3

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1938 : T.N. Act I V ] Agriculturists Relief 567 ^I' I I .

SECTIONS.

l i

23-A. Power of Court to set aside sales of immo-¹ vablc property in certain cases. I

23-B. Modifications in the application of section 23-A to certain cases.

- 23-c. Power of co~lrt o set aside sales of immo-

I

vable proparty in certain cases. !

24. Conseq~lenr~al provision on setting asido of sale.

24-A. Power of Court to reject certain claims. ,

25. Alienations by debtor.

25-A. Appcals.

26. District Collecror to fi~r~lish information as to certain filcts.

27. Executive ;ii~tho~.ities of local bodies to furnish I illformation as to crrt'~111 facts.

28. Po~vcl I,) make rilles.

4

l W I L NADU] ACT No. IV OF 1938 '.

[THE '(TAMIL NADU) AGRICULTURISTS RELIEF

ACT, 1938.1

(Received the assent of the Governor-General on tlze 1 1 tlt Jfarclr 1938 ; $rst published in the Fort S t . George Gazette of the 22nd M&rch 1938.)

An Act to provide for the relief of indebted agricul- turists in the 3[State of Tamil Nadu]. WREREAS it is expedient to provide for the relief of indebted agriculturists in the S[State of Tamil

Nadu]; It is hereby enacted as follows:-

CHAPTER I .

Preliminary.

Short title. 1. This Act may be called the '[Tamil NaduJ Agri-

culturists Relief Act, 1938. Extent. 2. It extends to the whole of the '[State of Tamil Nad u].

- These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tam11 Nadu Adaptation of Laws (Second Amendment ) Order, 1964, whlc11 came into force on the 14th January 1969.

2 For Statement of Objects and Reasons, see Fort St. George Gazerre Extraordinary, dated thc 1st December 1937, Part IV, page 12.

This Act was extended to the merged State of Pudukkottai by .iection 3 of, and the First Schedule to, the Tamil Nadu Merged S t a t e (Laws) Act, 1949 (Tamil Nadu Act XXXV of 1949). TKS ~ c t as was in force immediately before the date of the publi- cation of the Tamil Nadu Agriculturists Relief (Amendment) Act, 1972 uamil Nadu Act 8 of 1973) in the State of Tamil Nadu except in t k transferred territory and as amended by tho latter Act was extended to the transferred territory by section 25 of that Act.

t ~ h & expression was substituted for the expression "Province Tamil Nadu Adaptation of Laws Order, 1970,

to have come Into form on the 14th J a n ~ a r y

4 This expression W Madrag by the Tar@ a w by the Tam1 ment) Order, 1969.

5

3. In this Act, unless.there is anything repugnantDeh~tZ.)ns. i in She subject or context,

I

(i) ' person ' means an individual and includes^,

an undivided Hindu family, a marumakkattayam or aliyasantana tarwad or tavazbi, but does not include a body corporate, a charitable or religious institution or an unincorporated company or association^;

(ii) 'agriculturist' means a person who-

(a) has a saleable interest in any agricultural or horticultural land in the '[State of Tamil Nadu],

2C* * * *I, which is assessed by the "State) Government to land revenue (which shall be deemed to include peshkash and quit- rent), or which is held free of tax under a grant made, confirmed or recognized by Government ; or

(b) holds an interest in such land under a ,[Tamil landholder under the '[Titmil Nadu] Estates Land Nadul Act, 1908, us tenant, ryot or tlndcr-tenure holder ; Act I of Or

1908.

(c) holds an interest in s ~ ~ c l t land, recognized 4[Tamil in the Malabas Tcnnncy Act, 1929; 01. Nadul

Act XIV

of 1930. -- - .-

1 This expression was substituted for the expression "State of ~ Madras" by the Tamil N^~duAdaptation of Laws Order, 1969, as amended by the Tanril Nadu Adaptation of Laws (Second Amend. merit) Order, 1969, which came into forcc on the 14th January 1969.

a The words "not being land situated within a municipality or cantonment" were omitted by section 2(1) (i) of the Tamil Natlu

Agriculturists Relief (Amendment) Act, 1972 (Tamil Nadu Act 8

I of 1973).

a This word was substituted for the word "Provincial" by the Adaptation Order of 1950.

r These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the . Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969,

6

Agn'c~tturi~t~ e l i e f [I938 : T.N. Act IV .

(d) holds a lease of such land from any per- son specified in sub-clause (a), (b) or (c) or is a sub lessee of such land:

Provided that a person shall not be deemed to be an 'agriculturist' if he-

(A) '[has in both the financial years] ending *[31st March 19721 been assessed to income-tax under

the '[Income-tax Act, 1961 (Central Aci 43 of 1961)

" o 9 d e r the Income-tax law in force in any foreign country] '[ .I ;or

(B) '[has in all the four half-years immedia- tely preceding] the '1.1 st March 19721 been '[assessed to profession tax on .a half-yearly income of'more than

"one thousand and tnfo hundred rupees)] derived .- ,. ---- -4 --

1 These words were substituted for the words "has in either of the two financial years " by seclion 2 U) or the Tamil Nadu Agri- culturists Relief (Amenclmrn~) Act, 1048 (Tiitnil Nadu Act S X l I I

of 1948).

2 This expression was subst~tuted for the expression "31st

March 1938" by section 2 (1) (ii) (0) of thc Tamil Nadu Agricul-

e turists Relief (Amendment) Act, 1972 (Tamil Nndu Act 8 of 1973).

This expression was substltutcd for the expression "Indiatl Income-tax Act, 1922 (Act XI of 1922) or under thefncome-tax laws of any territory which immeduately bcfo~e the 1st November 1956

was comprised in a Part 8 Slate" by section 2 (1) 61) (b), ibjd.

4 The words "or forelgn Government" were omitted by section 2 of the Tan111 Nadu Agriculturists Relief (Anlendment) Act, 1956 (Tamil Nadu Act Mof 1956). I n so far as thc Taniil N:irlu .,, ~ c t 1V of 193s applied 10 the added tcrrlrorles, these words were

omitted by stxtion 4 of, and the Second Schcdulc to. the Tamil Nadu (Added Territories) Exten~ion of Laws Act, 1962 (Tamil N ~ d u Act 14 of 1962).

6 These words were substituted for the words "has within the two years immediately precding" by section 2 (i) of the T~ln i l ~ a d u ~griculturists Relief (Amencttnertt) Act, 1948 (Tamil N.~du ~ c t -I of 1948).

s This expression was substituted for the exxpressit>n '"-it October

1937" by section 2 (1) (iii) (a) of the Tamil Nndu Agriculturisrs endment) Act, 1972 (Tamil Nadu Act 8 of 1973).

words were substituted for the worils "assessed to profession-tax on a half-yearly income of moro than three hundred

by section 2 {ii) of the Tamil Nadu Agriculturists Relief (-t) Act, 1948 (Tamil Nadu Act XXm of 1948).

r expression was substituted for thaexpression "six hund-

-9,

by sectton 2 (1) ( i i (b) of,the Tam11 Nadu Agriculturists

R elid wndrnent) Act, 1972 (Tarml Nadu Act 8 of 1973). li ."..- . . I . . .-

[&..*,." ..-- .

7

I

1938 : ?.N. Act IV] Agriculturists Relief 37 1 :

I

i[Tamil from a profession other than agriculture under the / Nadu] '[Tamil Nadu] District Municipalities Act, 1920, ActV or 2[the Madras City Municipal Corporation Act, 1919 1920. Central (Tamil Nadu Act IV of' 1914), tbz Cantonments Act,

Act I1 of 1924, or any law governing' municipal or local

1924. bodies in Y4(any other State or Union territory in

India) or any foreign State in the continent of lndia]

"or under the Madura~ City Municipal Corporati011 Act, 1971 ( ~ a n i i l Nadu Act 15 of 1971) or under the Tan111 Nadu Panchayats Act, 1958 ( Tamil Nadu Act XXXV of 195~)]; ^or

(C) "has i? all thc fcur half-years immcdia- tely prececling] the '[I st March 19721, been assessed - - ----. - These words were substituted for thc word "bladras" by the Tamil Nadu Ad:~p ta t io~~ of L;~ws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second A~nendn-isnt) Order, 1969, which i;inle into I'orce on the 14th Jartuary IY~JY.

'She words "l'an~il Nadu" \\ .CI.C substitilted icr the word

"Madras" occ urri~ig in Illis citation by the Tamil Nadu Adaptation . of Laws Orcter. 1909, as amended by the Tamil Nadu Adaptation of Laws (Sr Cl:y Murlicip:?l Act, I919 ('Tamil Nndu Act I V of 1919)" by section 2 (l)(iii) (c) of 111eTam1l N:I~LI Agriculturists Kelief (Amendment) Act: 1972 (Tamil N:ldu Act S oC 1973).

These words were substituted for the words "any other Pro. vince in British Indi'i, any Indian Statc or any foreign S I L ; ! ~ inIndia"

by the Adaptiition (An~endmcnt) Order of 1950.

These ~vnrds werc substituted for the words "ac:: other State i ~ r i11i1.1" hq >cction4 of, ~ I I U the Ti111ci Schedule 10, the Tzrnil Nndu I

8

. - -' x, 6 I Agriculturists Relief [ 1938 : T.N. Act I V ! to property or house tax in respect of buildings i or lands other than agricultural lands, under the lpamii Nadu] District Municipalities Act, 1920 =[the Madras l[Tmil

City Municipal Corporation Act, 1919) (Tamil Nadu ~ ~ ~ l o f

Act IV of 19 19)1, the Cantonments Act, 1924, or 1920. any law governing municipal or local bodies in "any c,td

other State or Umon territory in India] '[or under the Act n

Madurai City Municipal Corporation Act, 1971 1924. (Tamil Nadu Act 15 of 1971) or under the Tamil Nadu Panchayats Act, 1 958 (Tamil Nadu Act XXXV of 1958) 1, prov~ded that the aggregate annual rental value of such baildings and lands,, whether let out or in the occupation of the owner, is not less than '[Rs. 1,200~ ; or

1 These words nere substituted for the word "Madras" by the Tamil Nadu Adaptation of Laus Order, 1969, as amended by the Tamil Nadu Adapt.11 ion of La\\ s (Second Amendment) Order,

1969.

2 The words "Tamil Nadu'l were substituted for the words

"Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969; and this expression was substituted for the expression"thc Madras City hlullicipal Act, 1919 (Tamil Nadu Act I V of 1919)" by section 2(l)(iv)(b) of the Tamil Nadu Agricul- turists Rehef (Amendment) Act, 1972 (Tamil Nadu Act 8 of 1973). The words "any other State in India" were substituted for the words "any other Province in British India or any Indian State"

by the Adaptatioll (Ac;<~iLmeni) Order of 1950, and these words were substituted for the wor& "any other State in India" by section 4 of, and the Third Schedule to, tht. Tamil Nndu Rcpc:~!ing and Amending Act, 1957 (Tanlil Nadu Act.XXV of 1957). I n so far a s the Tamil Nadu Ast IV of 1938 npplles to the added territories, these words were substituted for the words "any other State in India"

by section 4 of, and, the Second Schedule to, theTamil Nadu (Added Territories) Extension of Laws Act, 1962 (Tamil Nadu Act 14 of

1962).

4 The words "T;imil Nadu" wcrc substituted for the word by the Tarnil Nadu Adaptation of Laws Order, 1969, as the T;~mil Nadu Adaptation of Laws (Second Amend- nlent) &der, 1 G9; and this expression was substituted for the ex- pression 1~0. uy&r the Tamil N ~ d t l LOCR~ Boards Act, 1920 (Talnil . Nadu Act XIV of 1020). in a panchayat which was a union before the 26th August 1930" by section 2 (1) (iv) (c) of the Tamil Nadu^. Agriculturists Relief (Amendment) Act, 1972 (Tamil Nadu Act

8 01 1973).

6 his expression was substituted for the expression "Rs. 600"

by section 2(1Xiv)(d), ibid.

9

4 .'. U L - --

m*s* L

" .gr &x 6,

-&, ~ + ~ ~ & ~ $ - ; @ 5 ? ~ ~ ~ . T ~ s -2 * # ,< :&?*%* * " 8 , . 3 4 3, :-: %;*$; +? %,:&*-.*p $ . ', , *

1998 : T.N. Act IV] ~griculturbti ~ & e f 573

*[(D) is a landholder of an estate under

the ZITamil Nadu] Estates Land Act, 1908, or of a fTamil

share or portion thereof, whether separately regis- :,"!Id

tered or not, in respect of which estate, share or 1908.

portion any sum exceeding five hundred rupees is payable as peshkash, or any sum exceeding one hundred rupees is payable under one or more of the following heads, namely, quit-rent, jodi, kattubadi, poruppu or other due of a like nature, or is a aiTamil j a m i under the Malabar Tenancy Act, 1929, Nadnl

who is liable as such janmi to pay to the S(State) ~^ct XIV

Government any sum exceeding five hundred rupees of 1930.

as land revenue.] Explanatio~.-The annual rental value of any I building or land for the purposes of proviso (C) I shall-

(1) where the assessment is based on the annual rental value, be deemed to be such value;

(2) where the assessment is based on the capital value be deemed to be five per cent of the capital value; and

(3) in any other case, be deemed to be the value ascertained in the prescribed manner^; 4[(iii) 'debt' means any liability in cash or kind, whether secured or unsecured, due from an agriculturist whether payable -under a decree or

1 This proviso was substituted for the original proviso (D) by section 2 (iii) of the Tamil Nadu Agriculturists Relief (Amend- ment) Act, 1948 (Tamil Nadu Act XXIII of 1948).

: These words wFe substituted for the word "Madras" by the Tamil Nadu Adaptat~on of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, I I

10

TenancyAct, 1929 (ramil Nadu Act XN ofI930);'J '[(iii-a) ' interest ' means any amount or other thing paid or payable in excess of the principal sum borrowed or pecuniary obligation incurred, or where anything has been borrowed in kind, in excess of what has been so'borrowed, by whatsoever name such amount or thing may be called and whether the same

is paid or payable entirely in cash or entirely in kind i

;

or partly in cash and partly in kind and whether the same is expressly nielztioned or not in the document or contract, if any ;]

(iv) ' rent ' tneans '[the rent payable by a ,-zlti\.nri1l2 t:t~ant L1!1.1:1* the Tatnil Ni~du C~tltivating Tennnts (Payment of Fair Rent) Act, 1956 (Tamil Yadu Acr YXIV of 1956), or under the Tamil Nadu Public T I .US~S (Regulation of Administration of Agri- sultural Lands) Act, 1961 (Tamil Nadu Act 57 of i 961 ) or the] rent as defined by the a[Tamil Nadu]

a[Tamil Estatcs Land Act, 1908 or rent or michavaram as

NadU] defined by thc Malabar Tenancy Act, 1929 Act I of 1908. (-,r quit-r.cn!, jodi, kllttubadi, POTUPPLI 01. the like,

2[Tamil payal~lc lo tl:c landholder of : L I ~ estate as delincd by

Nndul ;he "T;:mil VacluJ Estates Land Act, 1908, wllether " : t c L c l 01' it c/viI o r rcvclutc C U L I ~ ~ I I ~ I S bccn t-:S~:lit~c.il thei.clb; or n:)t and il~cl~ldes interest

Nadu] payabli. thereon birt does not include costs

Act 1 of ~ ~ C ' L I I - I . C ' ( ~ i l l respect of the recovery thereof tl~rough

1908.

2 This cxprcssion was insertcd by soctiol~ 2(3)(a) of the Tamil h'adu Agriculturists Relicf (Amendment) Act, 1972 (Tamil Nadu Act. 8 of 1973).

a Thosa wor4s were substituted for the

Tamil Nadu Adaptation of LawsOrder,

Tamil Nadu Adaptatlon of Laws (second A

'

11

t; -,. '

" 1988: T.N. Act IV] Aga'cuIhcri~ts Retie/ 575

a civil or revenue court or the share of the land cess

recoverable by the landholder '[under any law for the time being in force in this State] ; '[ 1

(v) ' creditor ' includes his heirs, legal representa- - tives and assigns ;

'[(vi) ' mortgagee ' illcIudes his Iieirs, legal and assigns.]

Certain &[4. Nothing in this Act shall affect debts and debtsand liabilities of an agriculturist falling under the follow- liabilities i i ~ g heads :-^~loto be affected.

(a) any revenue, tax or cess payable to the State Goyernment or any other sum due to them, by way

of loan or otherwise ;

(6) any revenuc, tax or ccss payable to the Central Government or any otllcr SUJII due to tllcrn, by way of loall or otherwise ;

(c) ally tax or ccss payablc to any local a~lthority or any other sum d ~ c to them, by way of loan or otherwise^;

(d) any liability i l l res) :ct of any sum due to any co-operative society inclltding a land development

1 Thi, cxllrcsuion' war subsritt~ccil for tltc cuprcssinll " under \cctioi\ $8 of the 'fiuliil Nrrlfu I . c ) c \ / R ~ard.; .Zct, 1920 m n l i l Nadu ' Act XIV of 1920)" by scctioll 2 (.I) (b) of the T;lmil Nndu Agricultu- rists llelicf (Alilendrncl~t) Act. 11)71 (Titmil Nndu Act 8 of 1973), the words Tn~l~i l NLLLLI " h;rvill~ bc:ll e,lrlier substituted for the word - Madras " by 111" T:unil Natlu Ad;lpt;ttior~ of Laws Older. 19(;'), alncndcd by t l~c 'T:llnil N;ltltl :\da(~t:itio~l or Lnws (Second Alnend-

lncnt) Order, 1')T.g.

r This scction was substitutcJ for the original section 4 by section

3 of the Tamil Nndu Agriculturists Relief (Amendment) Act, 1972 flamil Nadu Act S of 1973).

12

bank, registered or deemed to be registered under the Tamil Nadu Co-operative Societies Act, 1961 (Tamil Nadu Act 53 of 1961):

Provided that where the liabilities mentioned in ihis clause arise by reason of an assignment to any such co-operative society, either such assignment has taken place before the 1st March 1972 or is an assign- ment to such society of a loan granted by another such CO-operative society ;

(e) any liability arising out of breach of tryst ; df) any liability in respect of maintenance whether under a decree of court or otherwise ;

(g) any liability in respect of wages or remunera- tion due as salary or otherwise for services rendered^;

(h) any liability in respect of any sum due to-

(A) any Public Company as defined in the Companies Act, 1956 (Central Act I of 1956) ;

(B) any b:inkinp company to which the Bank- ing Regulation Act, 1949 (Central Act X of 1949) nppl ies ;

(C) the State Bank of India constituted under the State Bank of India Act, 1955 (Central Act XXIII of 1955) ;

(D) any subsidiary bank :IS defined it1 clai~sc

(k) of section 2 o f the State Rank of Tndia (Subsidiary Banks) Act, I959 (Central Act 38 of 1959) :

(E) any col*respond ing new bank as defined in cl:~use (d) of section 2 of thc Banking Con~panies (Acquisition and Tr:lnrfer of Ul~dertakings) Act, 1970 (Central Act 5 of 1970) ; anti

(F) any company or corporation owncd or colltrollod by thc Central Govcrtuncnt or iuly State Government .I

5. Where ,211 undivided Hinclu family other than a marumakkattayam or aliyasantann tarwad or tavazhi is assessel to.t lie taxes specified in proviso9 (A) , (8) and

(0 to section 3 (ii), or falls within the category of \

13

1938 : T.N. Act Wj Agriculturists Relief 577

persons specified in proviso (D) to the same section,

no person who was a member of the family on the l[lst March 19721 shall be deemed to be an agriculturist* for the purposes of this Act except section 13.

6. Where in an undivided Hindu family other than a zftfz I

marumakkattayam or aliyasantana tarwad or tavazl~i ayiculturist

which is an " agriculturist " within the meaning of mcm~xtr

secii~n 3 (ii), any member of the family is not an ;~~~i;~~;o b e

agriculturist, then, notwithstanding anything contained non-algicult,.

in section 3 (ti), '[none of his heirs] shall be deemed twists. be an agric~ilturist for the purposes of sections 7 to 12 and 19 to 27 of this Act. ,

CHAPTER IT.

Scctlirlg t k ~ ~ v r r of' Debts n~zd fictrtre Rate of

Ilrter.c'.\ t .

I

7. Notwi:hstnnditlg :illy law, custom, contract cr Debts payable by decl-c-e of court to rllc contrary, all debts payable by an a ~ a l ,

; l p ~ . i i i \ I t ~ ~ ~ i ~ l '(011 t i le Is! M:mh 19721, shnll be scaled turists to be tlo! 111 in :~cc*ci~ d;~r~c-i. ,441 11 t Iic psovisions of this Chapter. scaled

I

i No slim i l l c;\ccs, ol'tl?c llmount as waled down shall 'I bc ~ ~ c ~ v c t . ; ~ b ! : ''rani Iiim p from any land or interest ill I:llltl bt:]on!:rrig t o Ilitll ; 110r .\hall his property be liab:< to bc : l( i '~~ilc~l atxi >:~lcI 0 1 proceeded against in

any m;lnnc.r. in ihc t:xecu[ion of any decree against him in so fa,. as sctcli dccsce i s for an amount in excess of thc st1117 ;is ,cnlec! ciowl? llllt!cr- this f hapter.

I

. -- - ---a - _. -. __ --

I Thi.+ e?cprossiol~ wa\ sub\titutcd for the expression " 1st October 1907 * by scction40C thc '1.,111111 N ~ d ~ Agric~llturist~ Relief (Amend-

,p,~\) Act, 1972 (Tamil Nadu Act 8 of 1973).

p ~ h b w o d substituted lor the wards '^{I sins} and descendants '*

by section 5(i), i6irl.

~h~~~ wordsweresub~tit~ted for the words "none of hissons and descendants il l the tnalc line " by section 5 (ii), ibid

' 4 This axprasion wa:,substitu!ed for the expression " at the corn-

mdncenlent of this Act by sectton 6, ibid * <

125-14---37

14

Provision for debts incurred kfm '(1st March 19721.

1

\

378 &ricu~tut&t8 Re&f [I938 : T

8. Debts incurred before the '[lst March 19721,

shall be scaled down in the manner mentioned here- under, namely :-

"(1) j

(1) Where an agricillturist has paid to any creditor twice the amount of the pqincipal whether by way of principal or interest or both, such debt including the principal, shall be deemed to be wholly discharged.

(3) Where the sums rcpaid by way of principal or interest or both fall short of twice the amount of the principal, such amoirnt only as would make up this shortage, or the principal amount or such portion of the principal amount as is outstanding. whichever is smaller, shall be repayable.

(4) Subject to the provisions of sectilms 22 to

95, nothing contained in sub-sections "*I, (2) and

(3) shall be deemed to require the creditor to refund any sum which has been paid to h~m, or to illcrease the liability ot' a debtor to pay any s ~ ~ m in excess of the amount wh~ch would have been paya blc by him if t h i s Act had not been passed.

'[E.up/unrrtio?i /.-In determining the amount re- payable by :i ciebtor under this section. every paymetit ,fiLtJe by hi111 shall be crctf~tcd towards the principal. G(notwithstnndlnp that he has expressly stated) in writing that .;\tch paymerlt \ha11 be in reduction of i~~tercsr .]

- ..- ----- - - - -

1 This expression \*as subztituted Ibr the expression .' 1st October 1932" bysect~on 7(1)ot theTamil Nndu Agricultu~tsts Relief(Amend- mcnt) Act, 1972 Vamll Nadu Act 8 of 1973).

* ~ h t s clarise \\.is om~tted by sectron 7 (it), ;hid

a ~ h c expression '' ( I ) " was olnitteli by section 7 (ill), ibid r he original Explanntlorl was numbered a\ Explanation III and Explanation\ 1 and 11 were inserted by hect10114 (I) of the Tamil Nadu Agriculturists Relief (Amendnlent) Act, 1948 (Tamil Nadu Act XXIZI of 1948).

a This txplessio~~ was substituted for the expre4sion ''unless hs ha apressly statedw by section7 (iv) of tho Taoul N d u A$riculMstr ~~lief(&nendment) Act, 1972 (Tamil Nddu Act 8 of 1973).

#

15

Explanation 11.-Where the principal was borrowed in cash with an agreenient to repay it in kind, theⁱ debtor shall, notwithstanding such agreement, be^'\ entitled to repay the debt in cash, after deducting the value of all payments made by him in kind, at the rate, if any, stipulated in such agreement, or if there is no such stipulation, at the market rate prevailing at the time of each payment.]

'[Explanation 111.-Where a debt has been renewed or included in a fresh document executed 2(before, on or after the 1 st March 1972), '(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 of any other person acting on his behalf or in his - interest), the principal originally advanced together with such sums, if any, as have been subsequently

advanced as principal shall alone be treated as the

principal sum repayable under this section.]

4[Explan~tion IV.-Where a debt has been split up, whether 2(before, on or after the 1st March 1972),

among the heirs, legal representatives or assigns of a debtor or of a crec'itor and fresh documents have been executed in respect of the different portions of such debt, the provisions of this section shall con- tinue to apply in respect of each of the different portions.]

-

"9. I

1 For the original Explanation numbered as Explanation III, a new Explanation was substituted by section 4(ii) of the Tamil Nadu Agriculturists Relief (Amendment) Act, 1948 (Tamil Nadu Act XXIIZ

of 1948).

2 This expression was substituted for the expression "before o r

after the commancement of this Act "by section 7 (v) of the Tamil Nadu Agriculturists Relief (Am: ~ d r n : ~ ~ t ) Act, 1972 (Tamil Nadu Act

8 of 1973). * Thesa words weresubstituted for the words '' whether by the same

or a different debtor and whether in favour of the same or a different creditorv by section 2 (a) of the Tamil Nadu Agriculturists Relief

(Amendment) Act, 1950 (Tamil Nddu Act XXIV of 1950).

/ * I

4 This Explanation was added by section 2 (b), ibid.

.. 6 T* section was omitted b section 8 of the Tamil Nadu Agri-

$.; .$,n*orntr ReSiI (~mendmentf Act, 1972 (Tamil Nadu Act 8 of .>*$,. 7t % 39.1

k 125;i&37-* ;w:,-@* ," h a .

&\, $"!* -. '. b &$$&$: ", 2 < >*,

16

19-A. (1) This section applies to all mortgages executed at any time before the 2[lst March 19721, mpact@f and by virtue of which the mortgagee is in possession r n m . of the property mortgaged to him or any portion

(a ) where no rate of werest is stipulated for as due to the mortgagee, or

(b) where a rate of interest is stipulated for * as due to the mortgagee in respect of the principal amount secured by the mortgage or any portion thereof, in addition to usufruct from the property, or in res- p:ct of any other sum payable to t he mortgagee by t he mortgagor in his capacity as such.

Bxplanation.--A mortgagee shall be deemed to* be in passession of the property mortgaged to him or any portion thereof, notwithstanding that he had leased it to the nlortgagor or any other person.

(2) The mortgagor shall be entitled to redeem the whole of tile property mortgaged, notwithstaudin,g that the time, if any, fixed in the mortgage deed for - redeeming the mortgage has not arrived.

(3) Where the morigagee has been in possession of the whole of the property mortg:ig.:tl t o him for an agg,egate period of less than lhirty ycnrs, the mot tga- gor shall not be entjtlcd to redeem the mortgage, unless he psys to the mortgagee-

( i ) the difference between the y rincipal amount secured by the mortgage and an amount bearing to the \ principal amount the same proportion asthe period during which the mortgagee has been in possession bears to thirty years^;

---.

.s ms expression was substituted for tho expression '& 30th Sap- tmbor 1947" by section 9 (ii) of the Tamil Nadu Agriculturists Relief ( ~ m e n h n t ) Act, 1972 (romil Nadu Act 8 of 1973).

17

1 1938 : T.N. Act IV] Agrinrlluriata Relipf 581

(ii) where any interest on the principal amount 1 secured by the mortgage or any portion thereof has 1 been stipulated for, in addition to the usufruct from

the property, the arrears of such interest as scaled

down under section 8 '[*I read with section 12, 09 under section 13, as the case may be ; and

(iii) all other sums payable to the mortgagee by the mortgagor in his capacity as such, together with the interest, if any, due thereon.

(4) Where the mortgagee has been in possession of only a portion of the property mortgaged to him for an aggregate period of less than thirty years, the mortgagor shall not be entitled to redceln the mortgage, unless he pays io the morigagce-

(i) the ciiffcrence between the portion of the principal an~ount sccul-cd by thc mortgage which is ;ittribut;~blc: to llw portion of the property in thc possession of the n lo~ t grtgec and an rtxnount bearing to that portion of the princiy:il :lmount the same propor- tion as the pcriod d u r i n ~ which the mortgagee has been in p~sscssion bc:lss to thirty ycars; ( i i ) wherc :my interest has bectl blipslated for, i 11 ;\tldition to the u\ufi.uct Fi.0111 the propcrty, the asrcai.s of ilzterest on tllc p~ r t ion of the princip:!l ;umount rc- ft):-~-cC1 t ~ ) ~n cl:lu\c ( I ) , such :~rrc.t~.i being scaled do~vn under scction S 'I*] rcad with scclion 12 or undcr sectjcxn 13, :IS t11c c : ! ~ III:~)' be :

(ill) the h:lla~lcc (>I' the cl~bl ;IS scalcd dow~l uncler scction 8 '[*J read with sccrion 12, or under section 13, as thc cn\c may be ; and

( i v ) : ~ i l othcr c i ~ i ~ ~ s pny:thlc to the mortgagee by the morlg:;gor in his cnpnclty :IS such, togethcr with the inlcrcst, if :my, due tl~c~.cotl.

(5) (a) Where thc iilorlgagee has been in posses- sion of. the whole of the propcrty mo~.lgaged to him for an aggregrtte perioti. of thirty )/cars or morc, then,

. . - - - ---- -----

1 The expression L a or 9 *' was omitted by section 9 (i) o f the Tamil Nadu Agricultu~.i~ts Relief (Amendment) Act, 1972 vatnil Nadu Act 8 of 1973).

18

.+Grr ,:. " 2m% :?

?.?

'*@" - > + I

582 Agriculturists Relief , [I938 : T.N. Act IV

notwithstanding anything contained in sections 8, I[*], 12 and 13, the mortgage debt shall be deemed to have been wholly discharged with effect from the expiry of t h e e r i o d of thirty years or where such period expired before the 2[publication of the Tamil 6

Nadu Agriculturists Relief (Amendment) Act, 1972 in the Tantil Nadr Government Gazette with effect from the publication of that Act]-

(i) if no interest has been stipulated for on the principal amount secured by the mortgage or any portion thereof, in addition to the usufruct from the property ;

. ' (ii) where such interest ha? been stipulated for, if no arrznl s of interest are due from the mortgagor; and

(iii) if no other sums or interest thereon are due to the mortgagee by the mortgagor in his capacity . as such. 1

(b) Where the mortgagee has been in possession - I t

of the whole of the pt-operty m<)~-tg~gzd to him for i

an aggrcgltc pcriod of thir~y years or more, thcn, in & case4 not gabel ncd bv claucc ( ( I ) , t l ~ c mortgagor s l~a l lⁱ

not be entitlcti to redccln the n101.15,152 unlc\s hc l>ays to the nlorig,igec--

( r ) the arl.c.ir\ or ̂~n~ercst h ipulatcd for in aclcl tion to t hc uiufrilc~ froin the pr-~)per~y, as ccaled down under wction S "[ 1 rend \ \ i th section 12, or .^I

under scct io tl 1 3, as [ h e c ~ \ c may bc : :I nil

P . - --_ . __ --

1 The fig~trc " 0 * wa, otnittcd bv .;ectio~i 9 (i) of the Tanlil Nadu rtculturirts Relief (Al~londtncnt) Act, 1972 (Tatnil Nnct~t Act 8 21 b71).

2 Tht\ c.;prc.\4on was \ub\l~tutcd rot the c\prss\totl ' colnmeclce- Inerlc t ) r tlw 'l'alnil N ~ d u ASI icirlt:~i.i\ts Kolief (A~nendment) Act,

1943 (Tdn~il N , I ~ Act XXtU of 1948). \v~ihelt'cct Ctnlil the commence- I I I Z ~ ~ of that AL*' by swtioll 0 (lii) of 111: 'ratnil Nadu Agri- culturist\ Relief (An~endtll:nt) Act, 1972 (T,unil N'tdu Act 8 of 1973), the worth " rdnlil N.IJLI" Itnvcng b:cn oorlier substituted for the wort! '. h.I rdra\ " by tho T 1n11l N tdu Adbrptation of Laws

Order, 1969, A$ nm:ld.:d by 1111: I'nmil Nadu Adaptatioli of Laws , ( S s o n d Anmndment) Oixter, 1969.

aThe evprevsioll " or 9 " was onlitted by stxtion 9(i) of the Tarllil Nadu Agriculturists Relief (Amendment) Act. 1972 (Tamil Nadu Act 8 of 1973).

\

- -

19

(ii) all other sums due to the mortgagee by t / 8 the mortgagor in his capacity as such and referred to in sub-clatlse (hi) of clause (a) together with any 1 I interest due thereon. E

(6) Where the mortgagee has been in possession of only a portion of the property mortgaged to him for an aggregate period of thirty years or more, the mortgagor shall not be entitled to redeem the mort- gage unless he pays to the mor tgagee

(i) where, in addition to the usufruct from the property, any interest has been stipulated for, the arrears of interest on that portion of the principal amount secured by the mortgage which is attributable to the portion of the property in the possession of the mort- @gee, such arrears being scaled down under section 8 ] read with section 12, or under section 13, as the case may be ;

(ii) the balance of the debt not attributable ,to such portion of the property as scaled down under section 8 '1' ] read with section 12, or under section 13, as the case may be ; ~tnd

( i i i ) all other sums payable to the mortgagee by thc mortgagor in his capacity as such, together with the interest, if any, due thereon.

(7) For the purposes of this section, the portion

i +of the princip'll amount secured by the mortgage which

:is attr~butable to the portion of the property in the possession of the mortgagee shall be determined in rhe manner prescribed by rules made under this Act. 1 (8) The mortgagor shall not be entitled to redeem a n1ortg:lgz under sub-section (2) or obtain possession of the inert gaged property by virtue of sub-section

(5) (a), unless he pays to the mortgagee the-cost of the iniprovements, if any, effected by him to the morb ^, gaged property.

Nadu Act a pf 1973).

20

584 Agridturhts Relief [1938.: T.N. Act IV

(9) (a) (i) Except in cases falling under sub- section (5) (a). where the mortgaged property or, as the case may be, the portion thereof, in the possession of the mortgagee has been leased back to the mortgagor by the mortgagee, the sent due to the mortgagee under the lease (after deducting from such rent any revenue, tax or cess paid or payable by the mortgagee in respect of the property) shall be deemed to be the interest on the mortgage debt or the portion thereof attributable to the porrion of the property aforesaid and the provisions of section 8 '[ J read with section 12, or section 13, as the case may be, shall apply to the entire debt,

(ii) Nothing contained in sub-section (3)

or sub-section (4) shall apply to any debt falling under sub-clause^(i).

( b ) In L'.~\L'\ f;ll!111g ~111dcr ~ u b - ~ e c l i ~ l l (5) ( N ) ,

where the property has bee11 le'iaed back to t he mort- gagor hy the In,)rtgagee. no:l~ing contained in that sub-sect~on shall i~fl'ea the sight of the morlgngec lo reco\ er any renth d ~ l i t o hi~u under thu lease fcr any pcl.,ud bcfol e i11c d'~!? or1 \ \ 11 c i ~ t tie mostgapc debt is dco~ncd to havc I?ct.n \.$holly tl.schurgcd by virtue of I hat 11 13-scc:ion. il ' \.t~c.'-! rcnr I L I L C no1 ~ C C O I I I C barred by 11mit:ttion u n ~ i z r '\ny la\\ 1.~11. the timc tjcing in fo see.

?L( 10, No~ts' 111\~.ind:ng :!nyl h'ng cont:tined in

lhls sccl.on,-

(0) Wi1~1.c. clus~ng 1 1 1 ~ 1>ci.:od nf~er the 30th J a n u < ~ ! ) 1948 i t l ~ c i l : ifOtl: t h v 1 ~ ~ 1 h'f:'..~fl 1973. the mort- gagct. 0;. L ~ ~ ~ ! 01' \ ~ u c c t . s s o ~ ~ ~ - ~ n-i nlcrc51 11as trans- k'cc~.cti c,thi',. \ v l ~ o l l y u r in p !I.[ l l l c morlg8gcc's right i n ;llc p s o p c r ~ ~ ~ ) O ~ I ' I J I ' L / ' P and h s v:tluable consideration, tlleli. t l ~ e piov.s~ons of c,ub-scc~ions ( I ) to (9) shall

I --

I Tl~a cupra\sio~~ "trr 9 " was ~ m i l tcd by section 9 (i) of the Tamil .

Nadu Agiizulturl~ls I iz l~or (Atn:nttma~rt) Act, 1972 (Tamil Nadu Act X of 1073).

'rhi, ,ub.sxtioi~ \\~.rs bubstituted for thc original sub-section by sect ion 9 (IV), ibid

21

1938 : TN. Act, IV] Agriculturists Relief 585 apply to such mortgage and for purposes of sub-sec- ' tions (3) to (9) the period during which the last trans- feree was in possession of the property shall alone be taken into account :

Provided that the transferee of a mortgage shall not be entitled to recover in respect of such mart. gage, anything more than the value oi' the considera- tion for the transfer ; but nothing therein contained shall, in cases where the property or por~ion thercof has been leased back to the mortgagor, affect the right of the transferee to ,recover the rents, if any, due under the lease, if such rents have not become barred by limitation under any law for the time being in force.

(b) Notwithstallding anything containecl in clause (a) , where the mortgagee's interest In the pro- perty subject to the n101.tgnge or any part of such inre- rest belonged to, or devolved on, two or more per- sons gnd during the period aforesaid, a partition has taken place among such persons, then nothing contain- ed in this section, exccpt sub-sections (1) and (2) shall apply to the whole or such part of the ~nlercst, as thc case Inay be.]

( I I ) Whcrc the equity of redemption in the property subject to the morlgage belongcd to, or devolved on, two or irore persons and any one of them

or any person claiming under any one of them has, during thc period referred to in '[clause (a) of s u b section (lo)], redeemed the entire mortgag:, nothing contained in this section shall affcct the rlghts or the reliefs to which the person redeeming the mortgage might be entitled to under any other law for the time being in force as against the other persons aforesaid. - ----... _ _

1 This expression was substituted for the expression s6 sub-section ,clause(ii)(a) " by section 9 (v) of the Tamil Nadu .Agriculturists ef (Amendment) Act, 1972 (Tarn11 Nadu Act 8 of 1973). \

22

586 Agrinrl&iata BeIipf [I938 : T.N. Act IV

F b e c ~ f i ~ a 9 . E 10. (1⁾ The provisions of '[section 81 shall not

I apply to any psrson who, though an -agriculturist as b a e d in section 3(ii), did not on the 2[lst March^.

19727, hold an interest in, or a lease or sub-lease of, any land as specified in that section.

(2) Nothing contained in '[section 83 shall affect-

'[ti) any mortgage of the description referred to in sub-section (1) of section 9-A, except to the extent provided for in that section ;]

(ii) any liability for which a charge is provided under section 55, clause 4, sub-clause (h) of the Transfer of Property Act ; 4[ ]

Provision '

as to casts, 11. Where a debt plyable by an agriculturist

ctc., in includes any sum decreed as costs by any Court, or ccrtain

CBStS.

sums lawfully expended by a mortgagee or other p:rson in order to preserve the property mortgaged, such sum or sums shall be recoverable in addition to 1 the sum rec~verable under the provisions of6rscction - . -- .

1 This expression was wbstituted for the expression "wtions 8

und 9 " by sections 10 (i) (u) inrf 10 (ii) (a) of the Tatnil Wadu

Agriculturists Relief (~mendmcnt ) Act, 1972 (Tamil Nadu Act 8

I

of 1973). I * This expreuion was substituted for the expression " 1st October

1937 " by secrio~l 10 (i) ( b ) , ibiil.

* This clause was substituted by section 5 of the Tamil Nadu Agri- ~.ulturists Relief (Aqendment) Act, 1950 (Tamil Nadu Act XMV

o l 1950) for clause (I) as amended by section 7 of the Tamil Nadu &riculturists Reliof (Amendment) Act, 1948 (Tamil Nadu Act XXIII

of 1948). 4 word u or " was omitted by section 10 ( i i ) (b ) of the Tamil Nadu Agnadturists Relief (Amendment) Act, 1972 (Tamil Nadu Act 8 0f1973).

a Thisclausa was omitted by section 10 (ii) (c), ibfd.

tuted for the expression " sections 8

23

1938 : T.N. Act IV] Agriculturists Relief 587 I

Rate of / 12. All debts which have been scaled down under i,tmt

the provisions of this Act shall, so far as any sum payableby

remains plyable thereunder, carry from the date up;uTsyon,

to which they have been scaled down interest on the oldloans.

principal amount due on that date at the rate previously applicable under law, custom, contract '[or otherwise or at the rate of nine per cent per annum simple interest, whichever is IessJ. '

13. 1n any proceeding for recovery of a debt, the of court shall scale, down 3[all interest whether paid or interest payable] on any debt incurred by an agriculturist payable by '[on or after the 1st March 19721, so as not to exceed a ;$;;:u- sum calculated at '[nine per cent per annum), new loans simple interest, '[ 1:

Providcd that the '[State] Government may,

by notification in the Official Gazette, alter and fix

ally other rate of interest from time to time. _ -. _ _I*C_- _ _ _-__ _ _ _

1 This expression was substituted fol the expression "or otherwise"

by ~ e c t ~ o n 12 (i) of the Tamil Nndu Agriculturists Relief (Amend- ment) Act, 1972 (Tamil Nadu Act 8 of 1973).

* Tile wolds " that is to say, one pie per rupee per mensem sirnnlc

~lltcrest, or one ,lnll:l p-1 fUpX p:, .... lum ;ilnple interer! " occurrln:, ,, the provl5o weraomitted by ?s t ion2 o f , and the Schedule to, thc

T.inlil Nadu Coiaclgc (Alterdtlon of Reference,) Act, 1960 (Tamil ~ , ~ ~ l u Act 9 of 1960) : the pro\i\o it\e!! was omitted by section 12 (i~) tllt: Tiimil N'iilu Agrlsulturisi~ Relief (Amendment) Act, 1972 (Tam11 Nadu Act 8 of 1973).

a his expreo io~~ wab ruh~t~ tu tcd P)r ($exprosion ..all interest dLLe" by section 13 (i) ( 11 ) of t!le Tamil Nadu Agrizulturirts Relief ( ~ ~ ~ ~ ~ ~ l ~ ~ l e n t ) Act, 1972 (T.~nul Naci 11 Act 8 of 1973).

$This clcpres>io~l wau ~ub, t i t~tcd fo! the expression after (hc

cc,l,,lllenccnwnt of this Act " bv sect ton 13 (i) (b) , ibid r eupr6ssion WAS wbbtttuced fob tile expres,lon " 6 t per cent ppr annum " by scction 13 (1) (c) , ibid.

~ 1 1 ~ word, "that 1% to ~ l i y , one pie pcr rupee per nlenqeln simple ~ntorest, 131' One ;itifla Per rupee per arinum simp:a

fiterest " wcle om~ttcd by bec.tion 2 of , and the Schedule to. the

Talull Ndd" Coinage (A1lrr:~tlon of P.ef@ren~s) Act, 1960 (Tam,]

~ ~ d u Act 9 of I9bO). I - This word was substituted for the word "Provincial by the .- Jaytation Order of 1950. I

24

," ;f' -

588 Agn'culturists Be 11938 : T.N. Act IV

'[Explanorion ].-For the purpose E of this section,

the definition of 'a,oricc~ltilrist' in section 3 (ii) shall be read as if-

(I) in proviso (A) to that section as amended by the Tamil Nadu A,ori:uIturists Relief (Arnend~nenr)

Acr. 1972, f o r the expression ' t h e financial years ending on the 3151 M l r A 1372 ' the expression 'the financ..il yearb e ~ i ~ i l = o? tile 31s: M'xrch imme- dir,te!y p ie i~d ing the ci:~te on 1: hich the d:St is in-

1 cu .I.cJ'- ~^VCY~ ~!lbj:l -:t2d ; '1r1;1 { i i ) i r l p!o~.is,.)s (B) and (C) ro that s:::iol~ as amendrtl t';' t h t Tilmli Nadi! A~ric:lltl!;i.;ts Relief (.&ner~iimen!) Act. 1972. for t t ~ t expression 'the f'ol~r halt >tars inlmediatrly prer:eding the I st R,l;xrc'n 1972', t h > expresjl,:,:~ ' t Iic' bur h;.lt' ycnl-s d i n g on the 31st M i r t h or I?:: 30~11 S-.p:t:mb::r (\\.i~:ci;cvc- is 1n:c.r) irnnle- di itc'y pre::.i;r~s th: cirt t i . 011 \vl:icil ti12 debt is i~~,:t~r:,ea.i' i ~ , i r e S L I ~ S : i : ~ ! c c i .

. .

I '[l.3-.4. WI1~t.i~ . I dcbr I \ ~ ! ~ c u r r u i i b:\, a p ~ l - s : , ~ ~

t V ~ ! I O \ \ , o~~ l . ! h: : L I ~ . :!:;,.;,: &~tjrist :I,$ tl:;Jj-.t:~! s c ~ . ~ i o , t ? < by

(.iij b,!!. i.i',i+ ' ; c 01?.:1'.iti011 of IJI.L.~\,;:;O (8) 0 . />I.OV; ,,)

~ ) l l (C) !,,! i ! i : ~ ' .-:; ii),I. [!I: rat,? of i!l[crcst :~pp[ic. b!: to t I > i

dt b: \ i ~ . l ! i b,: thc r.;ltc. :il-q)lic;lhii* t o i l 1111c l~ i . thc I ; I \v , C! .S~OIII , CO!I~:.;:L'I 01. t l ( : c t (~ 01' C'~)LII.[ I ~ I I ~ ~ c , . ~ v h i c l ~ t::c tfCh1 :~riit.s or t l ~ c r . ~ l c ;.pplic~blc to all :~gr-ii.\~lturist uilticl. ..cc[io11 13, wi\ichcvur rate i s less.]

. - --- -- .----.- -- ..---------.-- -.--

I 'Thcsc Exp!an:~tions were sul~sr i tuted for tl:e originst

Exp!nn:~ t ion by section 13 ( i i ) of the T:~nlil Nadu .4';ric~!turists

Keliel'(Ar~ii.!loment) Act, 1972 (TAIIII~ Nadu Act X of 1973).

Toi, \cction was lrlverted by wction 9 of thc ' r , ~ n ~ i l N;tdu

Xgrlcultur~sts Relief (Atncndment) Act, 1948 ('l',imil Nadu Act XXlII o I' 1948).

25

7' " " ' - " F ~ ~ i ; ; " . : ~ ~ ~ ~ , ;:9r:j$: I 1 + ' ,, ," I

I

1938 : T.N. Act' W ] * 2gricultu

' .

26

Provided further that no tenant shall be entitled to the benefit of this section unless he shall have paid in respect of the holding, the rent due for fasli 1347 on - . or before the 30th September 1938.

Exp1anotio~i.-In cases governed by the Malabar commencement of this Act in respect of rent for a parti-

cular holding for fasli 1345 and prior fast is in the sum of Rs. 500 and is in arrear on that'date in respect of rent for the same holding for faslis 1346 and 1347, the rent for each fasli being Rs. 100. Within the 30th Septem- ber 1938 he pays the rent for fasli 1347 and within 30th September 1939, he pays the rent for fasli 1346.

The arrears of rent of Rs. 500 which were outstan- ding at the commencement~of this Act will be deemed to be d isch:ir_ged.

(h) A sum of Rs. 500 representing the arrears of rent in respect of a particular holding for fasli 1345

and prior faslis and the rents for faslis 1346 and 1347 for that holding are in arrear and outstanding at the com- mencement of this Act, the rent for each fasli being

27

f

(d) In the same case, the ryot or tenant pays the landholder within 30th September 1938 the rent for fasli 1347, but pays within 30th September 1939 only \I 1 Rs. 50 being half the rent for fasli 1346. He has thus^{1 /} paid Rs. 150 out of Rs. 200 being the rent of both the faslis 1346 and 1347, before 30th September 1939.^I

A sum of Rs. 375, or three-fourths of the rent of faslis

I

(2) Nothing contained insub-section (I) shall be deemed to effect a discharge of arrears of rent which accrued due for fasli 1345 if proceedings for the recovery of such arrears stood stayed by an Act of the Legislature or by an order of a Court or if such proceedings, if instituted, would have stood so stayed, But the arrears of rent for fasli 1345 shall not be recoverable until the 30th September 1935 or if the rent for fdsli

I

1347 is paid before that date, until the 30th September

I

redited towards the rent due by him for faslr 1347 in I I the first instance and for fasli 1346 in the next instance, and not towards the rent due for any previous fasli.

(4) Every tenant shall be at liberty to pay into Court any amount towards the rent due or claimed to be due by him for fasli 1347 or 1346 or both and thereupotl 'the Court shall, after notice to the landholder, under tenure holder, janmi or intermediary, as the case may -----

for the word " Madras" by ws Order, 1969, as amended Laws (Second Amendment)

\

28

;4g>i~u~turfats Relie/ [I938 : T. N. Act I V be, apply the provisions of this Act and determine whether the whole or only a portion of the 1.ctl1 for tllc

faslis aforesaid nas been paid by the tenant, and also the extent of the remaining liability, if any, of the tenant for rent under the provisions of this Act. Landh<~Ider

to bc entitled

sum r.ecos.r,.rib!e by bi~n undcl- sccrioll l 5-

Boa:ds Act. 1920' ; (b ) the land revenue and watcr cex.:, if 211y,

paid by him to the 3(St~~te) Govel.nment wliic!~ the tenant w.~s b9:rn.l to pay by vi~.tue c f any law, custom, Contract or decree of court g o v e r ~ ~ i ~ l g the tsnancy; and

(c) the costs awarded to hill1 in any decree for rent obtzined by him. .

cam. the Tamil Xadu Adaptation of Laws Order, 1969, as amended by the Tamil Sadu Adaptation of Laws (Second Amendment) Order, 1969.

2 Now the Tamil Nadu District Boards Act, 1920 (Tamil Nadu Act XIV of 1920).

/ a This word was substituted for the word "ProvineialY' by the Adaptation Order of 1950.

I

29

1938: T,NI Act IV] Agricuhwiata Xeliqf ⁵⁹

for fasli 1345 or any prior fasli which, under the exis* ting law, would become barred between the 1st October

1937 and the 30th September 1938, shall be so barred and the landholder, under-tenure holder; janmi or inter~ncdiary, as the case may be, shall beertitled to file a suitor institute execution proceedings for recovery '

thereof, on or before the 31st December 1938; and in cases where the rent due for faslj 1347 has been paid before the 30th September 1938, the period of limi- tatio~z for any suit or execution proceedings for the recovery of any arrears of rent which, under the existing law, would become barred between the 1st October 1937 and the 30th September 1939, shall stand extended until the 31st December 1939:

Provided that where on the 31st December 1938

01. the 31st December 1939, as the case may be, an applicatio~l under sub-section (4) of section 15 is pending in any Court, the period of lirtlilation pres- ciibed by this section shall stand extended until the expiry of a period of two ~llonths from the date of the ordel on such application.

.[17-A. In any suit or proceeding before a civil scaling

or revenue court involving a clarm for arrears of rent payable by an agriculturist, including a claim to set arrearsof

off such arrears, whatever be the period to which the rent.

arrears relate, the Court shall scale down all interest, if any, due on such arrears so as not to exceed a sum

calculated at 5+ per cent per annum simple inte~est, notwithstanding anything to the conh ary contained in any contract or custom r

A-

Provided that the '(state) Government may, by notification in the Official Gazette, alter and fix

any other rate of interest from time to time. ---

1 This section y a s inserted by section 2 of the Tamil Nadu Agriculturists Relief (Amendment) Act, 1949 (Tamil Nad u Act Vof 1949).

'This word- substituted for the word " Provincial by the Adaptation Order of 1950.

30

Provision lis to costs in certain cases.

594 Agriculturists Relief [ Explanation.-For the purpos& of this section, the definition of 'agriculturist' in section 3 (ii) shall be read as if-

-/-

(i) in proviso (A) to that section, for the expres-

sion ' frnancial years ending 31st March 1938', the expression ' financial years ending on the 31st March immediately preceding the date of institution of the

suit o r proceeding ' were substituted ; and ,

(ii) in provisos (B) and (C) to that section, for the words and figures 'immediately preceding the 1st October 1937', the words and figures 'endirg on the 31st March or the 30th September (whichever is later) immediately preceding the date of institution of the suit or proceeding' were substituted.]

CHAPTER IV.

Procedure and ilfisceiiuneolrs.

18. ( I ) Where a decree is passed against an agri- culturist in a suit filed on or after the '[lst March 1971 1 the Court sh;~ll allow only such costs as wot~ld hcrve been allo~vable if the suit had been filed for the amount of thc debt as scaled down in :~ccordance with the provisiol~s of this Act, and where in any such case a decree has been passed before the '[publicatior~ of the Tamil Nadu Agric~llt~lrists Reljef (Amendment) Act, 1972, in the Tutnil Nadu Goverrtinent Gazette],

thc Court shall, on application by the agriculturist, arnald the decree accorditlgly. '

I This expression was substituted for the expression "1st October 1937" by section 14 (i) (0) of the Tamil Nndu Agricul- torists Relicf (Amendment) Act, 1972 (Tamil Nadu Act 8 of ' 1 973).

'This expression was substituted for the expression " com- mencement of this Act" by section 14 (1) (b),ibfd.

31

\

595 1938:*~^.~. Act IVl Agriculturists Relief

/

l[(2) Nothing in sub-section (1) shall apply to any suit instituted on or after the 1st March 1972 and before the date of the publication of the Tamil Nadu Agriculturists Relief (Amendment) Act, 1972, in the

Tamil Nadu Government Gazette in respect of a claim i

which would be barred by limitation before the date of such publication.] I

I

Amend.

19. 2[(1 )] Where before the 3[publication of the ment of

Tamil Nadu Agriculturists Relief (Amendment) Act, certaig 1972, in the TunzilNud~~ Government Gazette1 a court decrees. has passed a decree for the repayment o i a debt, it shall, on the application of any judgment-debtor who is an agriculturist or in respect of a Hindu joint family debt, on the application of any member of the family whether or not he is the judgment-debtor or on the applicatiotl of the decree-holder, apply the provisions of this Act to such decree and shall, not- withstanding anything contained in the Code of

Civil Procedure, 1908, amend the decree accordingly Central or enter satisfaction, as the case may be:^{~ct v} of 1908.

Provided that all paynletlts made or anloirn ts recovered, whether before or after the 3[p~~blication of the Tamil Nadu Agriculturists Relief (Amendment) Act, 1972, in the Tamtl Nadzt Governutient Guzette;,

in respect ot any s ~ c h decree shall first be aprlied ip

payrlletlt of all costs as originally decreed to the creditor.

2[(2) Tlie provisio~ls of sub-section ( I ) shall also apply to cases where, after the 3Tpublication of the Tamil Nadil Agl.ic~rltiirists Relief (Ameildment) Act,

1972, in the Trawil Nct~lil Govr~+nntent Guze//e], a

___. - - -- - --- ---

'This sub-section ~ ; I S subslitutcd for the original Sub-section by section 14 ( 1 1 ) t)f the Tamil Nadu Agriculturists Relief (Amendment) Act, 1972 (Tamil Nndu Act 8 of 1973). 2scction 19 was renumbered as sub-section (1) of section 19 and sub-section (2) w;is added b)' SeCtlon 10 of the Tamil Agricultur~sts Roltef (Amcl~tlment) Act, 1948 (Tamil Nadu A C ~ 1 X x m o f l 9 4 8 , . I 8 This expression Wcis substituted for the expression '* corn. mencement of this Act " by section IS (^{i) of}the Tamil Nadu Agriculturists Relief (Amendment) Act, 1972 (Tamil Nadu ~~t 8 of 1973).

32

Application

for the determina- tion of the amount of debt due.

596 Agricultirrists Relief [1938: T.N. Act IV Court has passed a decree for the repayment of a debt payable at such lEpublication.]

'119-A. (I) '[Where any debt incurred before the 1st March 1972, other than a decree debt; is due, by

any person who claims that he was an agriculturist on that date], the debtor or the creditor may apply

to the Court having jurisdiction for a declaration of the amount if the debt is due by the debtor on the date of the application :

Provided that 110 such application shall be pre- sented or be maintainable if a suit for the recovery of the debt ;s pending.

Explancltion.-The Court 1iaving ~urisdiction under this section shall be the Court which would have jurisdiction to entertain a suit fbr the recoysly of the debt as unscded.

(2) The provkions of sub-scction (1) shall apply also to ally person claiming to be such an agriculturist, who conteilds that ally such debt due by him llns bee11 discharged.

(3) All persons who would have been nscessary parties to 3 suit for the reco\~~sy of the c'eb~ shall be jmpleadcci as parties to the application unc!er sub- section (1) or under (hat sub-scclion read wit11 sub- section (2).

(4) (a) When any such application is matle, the Court shall first decide whether tllc debtor was such an a_rriculturist or not, and if it finds that he was silcll an

. -..-- . . - This word wae substit~ited for t1.c \vor.d " c o t n n i o r ~ ~ ~ ~ ~ ~ ~ m c ' ~ n ~ ~ ~

by section 15 ( i i ) o f the T n ~ i ~ i l N,tdu Agl.ic~ilt~rrists Relief IAmendmont)Act, 1972 (T:~mil N;idu i\ct X of 1973).

2 This section was inscrted by sccllocl ? 01" the Tamil Nadu Agri- culturists Relicf (Amentlrnent) Act, 1943 (Tatnil Nndu Act XV of

1943), re-enacted permanently by section 2 of, iind the First Schedule to, the Tamil Nadu Re-enacting and Repc:~ling (NO. I) Act, 1948 (Tarmi Nadu Act VII of 1948).

8 This expression was substituted for the expression " Where any debt incurred before the 22nd M;vrch 1938, other than

decree debt is due by any person \ v h o claims that hc \\.;IS :in

agriculturist both on that date and on the 1st October 1937 " by section 16 of the Tamil Nadu Agriculturists Relief (Anlcndment) Act, 1972 (Tamil Nadu Act 8 of 1973).

33

1 1938: T.N. Act IVJ Agriculturfsts ~ e ~ i & 597

a&culturist, pass an order declaring the amount due by him or declaring that the debt has been discharged, as the case may be.

(b) The Court shall dismiss the application if it finds that the debtor was not such an agricultuuist.

(5) At any time after passing an order under clause (a) of sub-section (4), the Court shall on payment by the creditor of the court-fee payable on a suit for the amount declared due to him, grant a decree to the creditor for such amount:

Provided that the creditor may on his application be granted a decree for an amount less than that dec- lared due to him on paying the appropr:ate court-fee.

(6) The Court may order that the couk-fee, if any, pad by the creditor under sub-section (5) shall be paid by th,: debtor in addition to the amount decreed.

(7) If the dcbtor pays into the Court the amount declarcd to be due iir1d:r clause (a) of sub-section (4)

or the amount of the decree granted under sub-section

(5) together w'th the costs, if any, ordered to be paid under sub-section (6) the Court shall grant to the debtor a ccrl ificnte tllat the debt has been discharged.

(8) Thc pi-:,ccdilro laid down in the Code of

C ; vi! Procedure, 190:;. for the trial of suits shall as far " Of as may bc. apply t o applic:r!ions under this section.

(9) No Court shall entertain a suit by the credi- tor for the recovcry of a debt---

(i) i f an application has been made under sub-section ( I ) in ~'cspect of such debt to Courf having jurisdiction and is pending in such Court: or ( i i ) if a Court having jurisdiction has passed an order under clause (0) of sub-section (4) in respect of such debt.

(10) In computing the period of limitation pres-

cribed for a suit by the creEitor for the recovery of a debt, the time, if any, during which the Court was

prevented from entertaining the suit by virtue of the provision contained in clause ( i ) of sub-section (9) sl~all be cxcluded .]

34

Stay of 20. Every Court executing a decree passed against a person entitled to the benefits of this Act, shaU on

pmeedrngs. application, stay the proceedings until the Court which passed the decree has passed orders on an application made or to be made under section 19:.

Provided that where within 60 days after the applica- tion for staq has been granted the judgment-debtor does not a p p ! ~ to the Coi~rt &hich passed the dec:ee for relief under section 19 or where an application has oeen so made and is rejected, the decree shall be executed as it stands, notwithstanding anything contained in this Act to the contrary.

E,7cpiitmtiurt.--The expression I ' the court which passed the decree " shall have the same meaning as in the Code of Civil Procedure, 1908.

Adjudi- 21. '[(I)] Nothing contained in this Act shall apply lgo8* cations in to the debts payable by any person who has been insolvency. djudicated an insolvent, if prior to the 2[publication of the Tamil Nadu Agriculturists Relief (Amendment)

Act, 1972, in the Tamil Nadu Government Gazette],

a dividend has been declared out of his assets.

'[(2) If a dividend has not been so declared, the Court shall, on application made by the insolvent debtor, the Official Assignee or Official Receiver in whom the property of such debtor has vested, or any otlrcr person inlcrested, ttpply the provisions of this Act to the dcbts payable by the insolvent debtor i f he would llave been an agriculturist within the meairing of this Act but for his adjudication in insolvency.

(3) If the application aforesaid is not made by the Official Assignee or Official Receiver, he shall be impleadcd as a party tkereto.1

- - -- -- - - - ---

4 The lil st asntcncc ol' originill section 21 was renumbered as sub-~~ctro~l ( I ) of sectioll ?1 and sub-sections 2) and (3) were I 5"btituted Ibr the seco~itl sentcnce by section 1 of the Tamil Nadu Agl.lculturists Kellcf (An~enpment) Act, 1948 (Tamil Nadu

~ c t XXll l of 1948).

2 This expression substituted for tho expmion " coming *"

into force of this Act by section 17 of the Tamil Nadu A@- culturists Relief (Amendment) Act, 1972 (Tamil Nadu Act 8 off r.

1973).

35

22. Where, in execution of any decree, any mov- spcial . 1 , able property of an agriculturist has been sold on or provision I / after the I[lst March 19721, any judgmentsdebtor may the case of appiy to the Court for an order that the provisions of a[sections 8.11 and 121 be applied to the decree, and the movable

Court, shall, if satisfied that the applicant is an agri- property.

culturist entitled to the benefits of those sections, apply the same and order the decree-holder to refund any sum^{, I} received by him on or afler the "1 st March 19721 in^I excess of the amount to which he would have been I entitled if the property had not been sold:

Provided that no such order shall be made without I notice to the decree-holder and witl~out affording him an opportunity to be heard in the matter. i

23. Where in executi6n of any decree any imrnov- sates of

able property, in which an agriculturist had an interest, g z $ l e

has been sold or foreclosed on or after the 1st October to be set

1937, then notwithstanding anything contained in aside in tral the Indian Limitation Act, 1908*, or in the Code of Civil 2::"

Ixof Procedure, 1908, and notwithstanding that the sale

/ial has been confirmed, any judgment-debtor, clainling I

V of to be an agriculturist entitled to the benefits of this Act,

" may apply to the Court within 90 days of the com- mencement of this Act to set aside the sale or fore- closure of the property, and the Court shall, if satisfied that the applicallt is an agriclllturist entitled to the benefits of this Act, order the sale or foreclosure to be set aside, and thereupon the sale "or foreclosure] shall be deemed not to have taken place at all; Provided that no such order shall be made without notice to the decree-holder, the auction purchaser, and other persons interested in such sale or foreclosure and without affording them an opportunity to be heard in the matter.

-.-- --

I This expression was substituted for the expression "1st Otto- bet 1937" by section 18 (i) of the Tamil Nadu Agriculturists Relief (Amendment) Act, 1972 (Tamil Nadu Act 8 of 1973). a This expression was substituted for the expression "section 8 or 9, as the case may be, and of sections 11 and 12" by section 18 (ii), lbld.

* These words were inserted by the Second Schedule to the Madras ^I

ling and Amendlng Act, 1938 (Madras Act XIII of w thb Limitation Act, 1963 (central Act 36 of 1963).

I

' i

36

1:' Pomt of I Court to set

1:; &de sales of immovable

property

in certain

I cases. 'C23-A. Where in execution of any decree, any

immovable property, in which any person entitled to the benefits of the 'Pamil Nadul-Agriculturists Relief z f mil

(Amendment) Act, 1948, had an interest, has been adu]

sold or foreclosed on or after the 30th September gIrI , 1947, and the sale has not been confirmed before the 1948.

commencement of the said Act, or ninety days have not elapsed from the confirmation of the sale or from the foreclosure, at such commencement, then, notwith- standing anything contained in the Indian Limitation C,ntral

Act, 1908*, or in the Code of Civil Procedure, 1908, A C ~ rx ot and notwithstanding that the sale has been confirmed, ~ ~ ~ ~ r a l

any j~.~dgment-debtor claiming to be entitled to the Act v of benefits of the said Act, may apply to the Court 1908.

within ninety days of such commencement or of the confirmation of the sale, whichever is later, to set aside the sale or foreclosure of the property, and the Court shall, if satisfied that the applicant is a person entitled to the benefits of the said Act, order the sale or foreclosure to be set aside, and thereupon the sale or foreclosure shall be deemed not to have taken dace at all:

r

Provided that no such order shall be made without notice to the decree-holder, the auction-purchaser, and other persons interested in such sale or foreclosure

P

and without affording them an opportunity to be heard in the matter.]

.[23-B. The provisions of section 23-A shall applyto a Ey judgment-debtor claiming to be entitled to A , ~

the benefits of the 2rTamil Nadul] Agriculturists Relief m V of (Amendment) Act, 1950, subject to the modification 1950. W o n was inserted by section 6 of the Tamil Nadu A Relief (Amendment) Act, 1960 (Tamil Nadu Act X&$

37

I 1938; T.N. Act IVJ Agricultlrrist,r Relief ' 601 I

i Tamil that for the reference to the '[Tamil Nadu] Agricul- / Nadu turists Relief (Amendment) Act, 1945, a reference to the '[Tamil Nadu] Agriculturists Relief (Amendment) XXIII of ,948. Act, 1950, and for the reference to the 30th Septem- ber 1947, a reference to the 25th April 1950 shall be substituted.]

Power of cour '[23C. Where in execution of any decrec, to set asidesales

any immovable property in which any pmon of immovab!e

entitled to the benefits of the Tamil Nadu property in Agriculrurisrs Relief (Amendment) Act, 1972, had an certa' cases.

interest, has been sold or foreclosed on or after the I 1st March 1972, and the sale has not been confirmed I before the publication of the said Act in the Tamil

Nadu Oovernmel~t Gazette, or ninety days have not elapsed from the confirmation of the sale or from the foreclosure, at such publication, then, natwithstanding anything contained in the Limitation Act, 1963 (Central Act 36 of 1963), or in the Code of Civil Proceduie, 1908 (Central Act V of 1908), and not- withstanding that the sale has besn confirmed, any judgment-debtor claiming to be entitled to the bene- fits of the said Act, may apply to the court within ninety days of such publication or of the coilfirmation of the sale, *hichever is later, to set asid: the sale or roreclosure of thc property? and the court h i l l , i f \atisfied that the applicant 1s a person enti!led lo the benefits of the said Act, order the >ale or forec~osure

to be sct aside, and thereupon the sale or fore- closure shall be dcumed not to Iuve taken place at nil:

Provided that no such order shall be made without notice to the decree-holder, the auction-purchaser,^and other persons interested i l - S U ~ I ? sale or fnr~c?twt,re and without affording them an opportunity to b::

heard in the matter.]

___ .--__------ -- ----

1These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by tho Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, I

P ~ h j ~ section was inserted by section 19'of the Tamil Nadu Agri' I I

culturistR Relief (Amendnlent) Act, 1972 (Tamil Nadu Act 8 of 1

1973). I

38

24. '[Where a sale is set aside under '(section 23,

section 23-As[section 23-B or section 23-C]], spurcbaser

shall be entitled to an order for repayment of any pur- chase money paid by him against the person to whom it has been paid :

Provided that no poundage shall be payable in rts-

pect of any such sale and provided further that where

poundage has been collected the court shall direct the same to be refunded.

'E2-4-A. If in any suit or proceeding for the recovery of a debt, the Court is satisfied that the claim therein is made in evasion of the provisions of this Act and that the document upon which the claim is based, although purporting to be executed by a differerlt debtor or in favour of a different creditor, was in fact in rznewal or part renewal of a prior debt LO which the provisions of this Act would have applied, th=. Court shall disallow the costs :

Provided that where in any such wi t or proczxiing two or more distinct clililns are made, th: provision.; of this 5ection shall apply separately i l l respect of each buch claim.]

I These words were itib~~it~ltcct for the words "where a sale isset asideunder thepr~eding section " by section 13 of the Tamil Nadu Agriculturists Relief (Amndn~ellt) Acl, 194s (Tamil Nadu Act XXITI of 1948).

%These words, figures and letters were substituted for the words, flgms and letter "section 23 01. saction 23-A" by kction 7 of t 1 1 ~

Tilnlil Nadu Agricitltuli~t.; Relief (r\~nondrnent) Act, 1050 (Tamil Nadu Act XXIV of 1950).

8 This expression was substituted for the exprcssio~~ "or w;tion

23-B'' by section 20 oftheTamilNadu Agriculturists Relief (Amend-

ment) Act. 1972 (Talnil Nadu Act 8 of 1973).

r Thls section wW i ~ t t e d by section 14 of the Tamil N d o

Agriculturists Relief (Amendment) Act, 1948 matnil Nadu Act XXllI of

1948).

39

'" y * ' J 2 * i': s ','.7 : 1 .A&) ;,$, $, * 6 . , .4+*%-y -6%; * < a. 1938: T.N. A C ~ IV] ~~iiCul*rists ~ r ~ e /

.* 603

25. All alienations of immovable property made an agriculturist debtor on or after thel[lst March 197 shall be invalid as against every creditor whose sale in cxeculion or foreclosure decree 1x1s b x n set wide !~nder section 23 or who became entitled to rateable distribu- tion of the proceeds of such sale under section 73 oi central tile Code of Civil Procedure, 1908. ActV of

1908.

*[25-A, (I) An appeal shall lie from any of the Appeal$. following orders passed by a Court under this Act, as if such order related to the execution, discharge or satisfaction of a decree within the meaning of section 47 zentral of the Code of Civil Procedure, 1908 :-

k t V of

908. (u) An order h d e r sub-section (1) of section 18 amending or refusing to amend a decree; f

(b) An order under section 19 amending or refusing to amend a decree or entering or refusing to

I

enter satisfaction in respect of a decree;

(c) An order under clause (a) of sub-section (4) of section 194. declaring the amount due to the I

I

creditor or declaring the debt to have been discharged; 7 (cc) An order under clause (b) of sub-section

(4) or section 19-A dismissing thc application on the grollnd that the debtor was not an agriculturist;]

(d) An order under section 22 directing or refusing to direct the refund of any excess realized in execution of a decree;

--- a-

I This expression was substituted for the expression -1st October

1937" by s t i o n 21. of theTamil Nadu Agriculturists Relief (Amend- ^I merit) Act, 1972 (Tamil N ~ d u Act 8 of 1973).

z section was inserted by section 3 of the Tamil Nadu Agri- culturists Reliof (Amendment) Act, 1943 (TamilNadu A c t m of 1943)

re-enacted permanently by soction 2 of, and the First Schedule to, thd

Tamil Nadu Re.enacting and .h 0. n Act, 1948 CTflmil Nadu Act VI[ of 1948). This s uld deemed to havecome into opecation on the 27th October 1939.

8 This clause was inserted by section 15 I) of the Tamil Nadu Agricnlturi~ts Relief (Ameddmmt) Act, I948 &kl Nadu Act - of lr)48), " 1 2 , "1, 4 " & , t h a z &>$

8 ~.;.~$:b"f%$~L"f'k~:'@: , .; +

h\

*-t?: c

I^{f .>}

40

(f) An order under section 2.4 directing or refusing to direct the repayment of any purchase money realized in execution of a decrec.

(2) From any order passed on an appeal presented to it under the provisions of sub-section (1) Central

by a Court subordinate to the Hign Court, an appeal Act Vof

shall lie to rhe High Court on any of the grounds mentioned in subsection (1) of section 100 of the Code of Civil Procedure, 1908.1

26. Any creditor m y apply to the Collector of the district in which the creditor believes his debtor to i u~ve been or to b2 assessed to income-tax in terms of 1 ~ 4 .

proviso (A) to section 3 (ii) or to profession, property or house tax under the Cantonments Act, 1924, in terms of provisos (B) and (C) to that section, for information as to the above facts and the Collector sl~;~ll thereupon ascertain such information and grant to such creditor a memorandum in the pres- cribed form as to whether the debtor has been so assessed to income-tax or to profession, procerty or house tax, Such memorsrndulr shall be received in cverv C'otll.t as evidence c!f the facts wted thetc-ir,

I

1 These words, figures and letters were substituted by section 8 of the Tamil Nadu A iculturists Relief (Amendment) Act 1950 (Tamil ~ a d u ACI xXN oE950) fol the words, figures and ndette; *4section 9 or sactlon 23-A" the words d 1 or section 23-A:, b v i ~ besn jn~rted by Tamil ~ a d u ~ c t 2 M I t o f 1948, d o n 15 (11).

I

41

I 1938 : T.N. Act IV] Agriczilturists Relief 605 1 I

27. Any creditor may apply to the '[executive Executive , ' authority of a municipstlity, panchapt , pancheya t auulorities of local anion or township or the Revenue Officer or Cornmiss bodies to

sioner of the Municipal Corporation of Madras 0' :$?&hation , , of Madurai] for information as to whether ,his debtor ,, to certain was or is assessed to profession, property or house facts. . tax in terms of provkos (B) and (C) to section 3 (ii), and the executi~re authority '[or Revenue Offlcer or Commissioner] shall thereupon grant to such creditor, i a certificate in the prescribed form as to whether the debtor named in the application has been so assessed to profession, property, or house tax. Such certificate shall be received in eveiy Court as evidence

I

of the facts stated *therein.

28. (1) The "State) Government may make r~iles Power to I for carrying into effect the purposes of this Act. make rules. ?

(2) In particular and withoi~t prejudice to t i ~ c generality of the foregoing powcr, the "State) Govern- ment may make rules---

I

I

(a) in regard to any matter, which is rzcluired to be prescribed by this Act ;

(b) prescribing the form of, and the Secs 10

be paid in respect of, applications ~ u ~ d e r tf-iis Act ; '[ 1

These words were substituted for thc ~vords"cxec~~tive a ~ ~ t l ~ o - rity of a municipality, the president 0: local board or the Rcvcnuc Officer of the Corporation of Madras by section 23 (i) of the Tamil

Nadu Agriculturists Relief (Amendment) Act, 1972 (Taniil Natlu Act 8 of 1973).

J These words were substituted for the ~ o r d s " prcsidcn( or Revenue Officer" by section 23 (ii), ibid.

8 This word was substituted for the word " Provinc~al" by thc Adaptation Order of 1950.

r The word a and " was omitted by seclion 24 (i) (rr) of t he Tam j] Nadu Agriculturists Relief (Amendment) Act, 1972 (Tamil Nadu I Act 8 of 1973).

4 This clause was omitted by section 24 (i) (b ) , /bid.

\

42

griculturbts fielief , [I938 : T.N. Act 1V y(3) (a) All rules made under this Act shall be

published in the Tamil Nadu Government Gazette and, unless they are expressed to come into force on a

particmlar day, shall come into force on the day on

which they are so published.

(b) AU notifications issued under this Act shall, unless they are expressed to come into force on aparticular day, come into force on the day on

which they are published.

(4) Every rule made or notification issued under

this Act shall, as soon as possible after it is made or issued, be placed on the table of both Houses of the Legislature and if, before the expiry of the session in which it is so placed or the next session, botb Houses agree in making any modification in any such rule or notification or both Houses agree that the rule or notification should not be made or issued, the rule or notification shall thereafter have effect onlyⁱⁿ

such modified form or be of no effect, as the case may be, so however, that any such modification or annul- ment shall be without prejudice to the validity ol' anything previously done under that rule or notifi- cation.]

---.-- - -- - - . -_

c substittlted for the original sub- e Tamil Nadu Agriculturists Relief 1972 (Tamil Nadu Act 8 of 1973).

\

43

p: I

Is!&: T,N, Act ,XVS . . AgricuIturists Relief ⁸⁸⁵

/ & j; ' * .

m , m d )

I

.. 8

'[TAMIL NADUJ ACT No. XV OF 1943'. (Received the assenf of the Governor-General on the 4th August 1943 ; .first published in the Fort St.

George Gazette on the 17th Augzlst 1943.) An Act further to amend the '[Tamil Nadu] Agricul- turists Relief Act, 1938.

WHEREAS it is expedient further to amend the '[Tamil

Nadu] Agriculturists Relief Act, 1938, for the purposes hereinafter appearing ; 3[It is hereby enacted as follows :-]

1. This Act may be called the l[Tami 1 Nadu] Short I it,?

Agricult~~rists Relief (Amendment) Act, 1943.

4. At1 order passed by a Court before the commen- saving cement of this Act dismissing an application for a certain^/ declaration of the amount of the debt due to a creditor or for a declaration that tile debt lzas k e n discharged on the ground that a suit for the recovery or the deb1 was instituted subseq~~ently by the creditor, sl~all not be called in question or reopened in :my Court. - . -

I These words were substitutad for tire word " MA&U " by 11,c

Tamil Nadu Adaptation of Laws Order, 1963, as amended by the Tamil Nadu Adaptat~on of Laws (Second Amendment) Order,

1969.

For Stato~~tont of Objects and Reasons, see Fort St. G e o t ~ c Gazette,

d a t d the28th July 1942-Part IV-A, pages 68-69. a Thse words wwe substituted for tho paragraph containing the

enacting formula and the parwaph praceding tllat p a r a a p h by section 5 of thoTamll Nadu Rbanactlnp and Repeallog (No. I ) Act, 1948 Carnil NNau Act VII of 1948).

4 Sactions2,3 and 5 ware ropoalad by TamilNadu Act XIof 1952.

44

. . . --

. . - - . [THE ~ T A M I ~ Nmu] A~lucu~ntnls-rs R E L I ~ (A.wD-

MENT) ACT, 1948.1 J

(Received the assent qf the GovernorrGeneral ort the 12t12 January 1949 ; jirst published in the Fort St. George Gazette on the 25th January 1949.) An Act further to amend+the Tdmil NaduJ

Agriculturists Relief Act, 1 938.

1. This Act may be called the l[Tamil Naduj Short litle. Agricultvrists Rclief (Amendment) Act, 1948.

* * * *

(i) all suits and proceedings instituted after

the commencement of this Act ;

a For Statement of Objects and Reasons, sce Fort S!, George Garerr#, dated the 30th September 1947, Part I V - 5 pp. 21 7-220, 1 %&ions 2 to 15 wen repealed by Tamil Nadu Act XI of 1 2 5 - 1 A 9 A

1

(ii) all suits and proceedings instituted before the commcn~ent of this Act, in which no decree or order has betn passed, or in which the decree or order passed has not become final, before such commence- ment ^;

(iii) all suits anti proceedings in which the decree or order passed has not been executed or satisfied in full before the commencement of this A d :

Provided that no creditor shall be required b refund any sum which has been paid to or r e d i d

by him, before the commencement of this Act.

.

I

I

46

THE TAMIL NADU CODE

voGunm IV

PART III- Contd.

~ 3 , UNREPEALED TAMIL NADU ACTS-.-Co7?td. . ISi; R:":

l[Tnb!r~, Nhnu ACT] No. V c ' ~ 1949.2

Gazate or2 the 22nd March' 1949 *) c.;, ,

- . . .- ,* - * . ., I - !---,L--- ?-*-

'An Act further to amend the l[l'amln P4Lurrauj Agrlculrurlsrs Relief Act, 1938.

* . WHEREAS it is cxpecient I tc ine end thc ] Agricaltu.risis Rel? Asf, 1938, for the imfier appearing '; It is hereby enz.clt6 as

t m11~.y be wiled the [Tzmil N~.c'u] Agri- Relief (Amendment) Act, 1949.

I

3. The amendment m $ e by this Act shall r.pply to-

;..--. (i)sllsuits;in0prtceedingsins1itutrd e.fier l k e ccn-

? T i mencement of this Act 3 - - - . 4 . ":re the

, co rnnlencement or t his Act, 111 wnluu 11" c G u l cc or order l These words were substituted for the xord "Madras" by the il Nadu kdaptat ion of Laws Order, 1969, as amended by the Adaptat ion of Laws (Second Amendment) Order, For Statement of Objects and Reasons, see Fort St. G c 0 1 . g ~ Gazette, dated the 28th December 1948, Part IV-A, Page 442. 2 was rcpealed by Tamil Nadu Act XXXM of 1955. this Act applies to the added territories, i his secl ion war ection 12 of, and the Third Schedu e to, the Tamil Nadu

ries) Extension of Laws Act, 15 62 (Tamil Nadu Act

.'

17.c-3-- 1 * f * . -'-

Short title. Amendment made by sectiol 2 to h ~ v e retros

pective effect. c

'4; ri . ',, (ii) r.11 suits 2nd. procee6ings insldu~ca ~ e r ( n 4 . A _ . : % - - - -T - : -L - A ,J

47

48

&ricuIturis$s Relief - 145

(Amendment ) - - --

I

NADU] ACT No. X X N OF 1950.2 eceived the assent qf the President on thk 18?h October

49

b 1973 : T.N. Act 81 Agriculturists Relief (Amendment) 197

TAMIL NADU ACT NO. 8 OF 1973.'

THE TAMIL NADU AGRICULTURISTS RELIEF

(AMENDMENT) ACT, 1972.

[Received the assent of the President on the 19th January 1973, first published in the Tamil Nadu Government Gazette Extraordin~zry on the 24th January 1973 (Thai 11, Parithapi, (2004-Thiruvalluvar Andu) .] An Act further to amend the Tamil Nadu Agriculturzsts Relief Act, 1938 and to extend that Act to the trans- ferred territory in the State of Tamil Nadu. BE it enacted by the Legislature of the State of Tamil Nadu in the Twenty-third Year of the Republic of India as follows^:-

1. This Act may be called the Tamil Nadu Agricul- Short titlo.

turists Relief (Amendment) Act, 1972.

2-24. [The amendments made by these sections have already been incorporated in the principal Act, namely, the Tamil Nadu Agriculturists Relief Act, 1938 (Tamil Nadu Act IV of 1938).]

25. (1) The principal Act as in force immediately Ex!enSiOn of

before the date of the publication of this Act in the State glglc!&t

of Tamil Nadu except in the transferred territory and as ferre I territoIy,

amended by this Act is hereby extended to, and shall be repeal and

in force in, the transferred territory. savings.

(2) If, immediately before the date of the publication of this Act, there is in force in the transferred territory any law corresponding to the principal Act such corresponding law shall stand repealed on such date.

(3) The repeal by sub-section (2) of any law corres- ponding to the principal Act in force in the transferred territory immediately before the date of the publication of this Act shall not affect-

(a) the previous operation of any such law or any- thing duly done or suffered thereunder ; or

(b) any right, privilege, obligation or liability acquired, accrued or incurred under any such law ; or

(c) any penalty, forfeiture or punishment incurred

50

198 Agriculturists ~ e l i t f (Arnend~n-ltt) [I973 : T.N. Act ( d ) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid ; and any such investigation, legal proceeding or remedy may be instituted, continued or cnforced and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed. I

(4) Subject to the provisions 'of sub-section (3), any- thing done or any adion taken, including any appointment or delegation made, notification, order, instruction or direction issued, rule, regulation or form framed, certi- ficate granted or registration effected under any such corresponding law shall be deemed to have been done or taken under the corresponding provision of the principal Act and shall contlnue in force accordingly, unless and until superseded by anything done or any action taken under 1 he principal Act. 1

(5) For the purpose of facilitating the application of the principal Act in the transferred territory, any court or other authority may construe the principal Act with such alteration not affecting the substance asmay be neces- sary or proper to adapt it to the matter before the court or other authority.

(6) Any reference in the principal Act to a law whicb is not in force in the transferred territory shall, in relation to those territories, be construed as a reference to the corresponding law, if any, in force in those territories.

(7) Any reference in any law which continues to be in force in the transferred territory after the date of the publicatio~l of this Act to any law repealed by sub-section

(2) shall, in relation to those territories be construed as a reference to the principal Act.

Explanation.-For the purpose of this section, the expression "transferred territory" shall mean the Kanya- kumari District and the Shencottah taluk of the Tim- nelveli district.

51