Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com TRIPURA AGRICULTURAL DEBTORS RELIEF ACT, 1975 1 of 1976 [27th February, 1976] CONTENTS CHAPTER 1 :- Preliminary 1. Short title, extent and commencement 2. Definitions CHAPTER 2 :- Discharge of debt and consequences thereof 3. Discharge of debt and consequences thereof CHAPTER 3 :- Moratorium 4. Moratorium CHAPTER 4 :- Procedure for settlement of debts 5. Establishment of Tribunal 6. Application for settlement of debt 7. Assignee from non-debtor not entitled to benefit of this Act 8. Application for recording settlement 9. Settlement during pendency of proceedings before Tribunal 10. Consolidation of applications 11. Service of notice on debtors and creditors to submit statement of debts 12. Debts in respect of which no application for settlement is made to be void 13. Duties of debtors and creditors 14. Power of Tribunal to effect settlement and to decide disputes as to existence or amount of debt or assets 15. Maximum amount allowable in settlement of a debt and powers of Tribunal in respect thereof 16. Appeal from order of Tribunal 17. Revision 18. Settlement outside this Act to be void CHAPTER 5 :- Miscellaneous 19. Tribunal to have certain powers of Civil Court 20. The order of a Tribunal subject to appeal and revision shall have the effect of a decree of a Civil Court 21. Jurisdiction of Civil Courts barred 22. Stay of pending suits or other proceedings and their disposal 23. Penalty for molestation 24. General provision regarding penalties 25. Certain offences to be cognizable 26. Protection of action taken in good faith 27. Period of limitation 28. Remission of interest 29. Power to make rules 30. Repeal and savings TRIPURA AGRICULTURAL DEBTORS RELIEF ACT, 1975 1 of 1976 [27th February, 1976] An Act to impose moratorium on recovery of debt and for matters connected therewith Be it enacted by the Legislative Assembly of Tripura in the Twenty-sixth Year of the Republic of India as follows :- CHAPTER 1 Preliminary 1. Short title, extent and commencement :- (1) This Act may be called the Tripura Agricultural Debtors Relief Act, 1975. (2) It extends to the whole of Tripura. (3) It shall be deemed to have come into force on and from the seventeenth day of September,1975. 2. Definitions :- In this Act, unless the context otherwise requires, (a)"agriculture" includes horticulture, forestry, the raising of annual or periodical crops or garden produce, dairy farming, poultry farming, livestock breeding, bees breeding, grazing, pisciculture and growing of fruits, vegetables and the like ; (b)"Civil Court" means a Civil Court within the meaning of the Tripura (Courts) Order, 1950 and includes Nyaya Panchayats established under S. 42 of the United Provinces Panchayat Raj Act,1947,as extended to Tripura, and includes also any court exercising appellate or revisional jurisdiction over Civil Court; (c)"Co-operative society" means a society registered under the provisions of the Tripura Co-operative Societies Act, 1974 ; (f)"farmer" means a person who is engaged in agriculture; (g)"landless labourer" means a person who does not hold any agricultural land and whose principal means of livelihood is manual labour on agricultural land; (h) "marginal farmer" in relation to a person not belonging to Scheduled Tribes means a farmer who owns land measuring not more than one hectare and in relation to a person belonging to a Scheduled Tribe means a farmer who owns land measuring not more than two hectares; (i) "rural artisan" means a person who does not hold any agricultural land and whose principal means of livelihood is production or repair of traditional tools, implements and other articles or things used for agriculture or purposes ancillary thereto and also a person who normally earns his livelihood by practising a craft either by his own labour or by the labour of the members of his family in the rural area. (j)"share cropper" means a person who under the system generally known as adhi ; barga ; bhag or any other term cultivates the land of any person oa condition of delivering a share of the produce of such land to that person; (k) "small farmer" in relation to a person not belonging to Scheduled Tribe means a farmer who owns land measuring more than one hectare but less than two hectares and in relation to a person belonging to Scheduled Tribs means a farmer who owns land measuring more than two hectares but less than four hectares; (1) "Official Gazette" means the Tripura Gazette; (m)"prescribed" means prescribed by rules. CHAPTER 2 Discharge of debt and consequences thereof 3. Discharge of debt and consequences thereof :- Notwithstanding anything contained in any other law for the time being in force or any contract or other instrument having force by virtue of any such law, and save as otherwise expressly provided in this Act, the consequences as hereinafter set forth shall, with effect from the date of commencement of this Act, ensue, namely : (a)every debt advanced before the commencement of this Act including the amount of interest, if any, payable by a debtor to a creditor shall be deemed to be wholly discharged; (b) no such debt due from the debtor shall be recoverable from him or from any movable or immovable property belonging to him, nor shall any such property be liable to be attached and sold or proceeded against in any manner in the execution of any decree or order relating to such debt against him. (e)every debtor undergoing detention in a civil prison in execution of any decree for money passed against him by a civil court in respect of any such debt shall be released; CHAPTER 3 Moratorium 4. Moratorium :- (1) Notwithstanding anything contained in any other law for the time being in force or in any contract or other instrument having force by virtue of any such law, every debt due from any debtor including the amount of interest, if any, payable on such debt, shall not be recoverable from him or from any movable or immovable property belonging to him nor shall any such property be liable to be attached or sold or be produced against in any manner in the execution of any decree or order relating to such debt, for a period of one year from the commencement of this Act. CHAPTER 4 Procedure for settlement of debts 5. Establishment of Tribunal :- The State Government may, by notification in the Official Gazette, establish for any area specified therein a Tribunal consisting of a sole member who shall be a revenue officer not below the rank of Circle Officer having jurisdiction over that area. 6. Application for settlement of debt :- (1) A debtor or his creditor may make an application for the settlement of his debts to the Tribunal established for an area in which he ordinarily resides, within such time as may be prescribed by the Government. (2) Every application made under sub-S. (1) shall be in writing in the prescribed form and shall be signed and verified in the prescribed manner. 7. Assignee from non-debtor not entitled to benefit of this Act :- Noapplication shall lie under S. 6 for settlement of any debt due from a debtor to whom such debt has been transferred or assigned by any person who is not himself a debtor. 8. Application for recording settlement :- (1) If any debtor and any or all of his creditors, before the making of any application under S. 6 arrive at a settlement in respect of any debt due by the debtor to the creditor, the debtor or any of the creditors may within thirty days from the date of such settlement make an application to the Tribunal for recording such settlement. (2) Every such application shall be in the prescribed form and shall be signed and verified in the prescribed manner. (3) On receipt of such application the Tribunal shall, after giving notice to the creditor, or the debtor, as the case may be, and after making such enquiry as it thinks fit, if it is satisfied that the settlement arrived at is bona fide and voluntary and is not made with intent to defeat or delay any of the creditors of the debtor, and is in the interest of the debtor, record such settlement and certify the same. Every such settlement so recorded and certified shall be binding upon the parties thereto and shall not be reopened. (4) After the Tribunal has recorded and certified a settlement under sub-S. (3), the Tribunal shall call upon the debtor to make a declaration whether there are any other debts due by the debtor which are not included in the settlement. If the debtor makes a declaration that there are no such debts the Tribunal shall pass orders in terms of such settlement. (5)If the Tribunal is satisfied, after recording such settlement, that there are other debts due from the debtor which are not included in the settlement, the Tribunal shall treat the application made under sub-S. (1) as an application for settlement of debts under S. 6. 9. Settlement during pendency of proceedings before Tribunal :- Notwithstanding anything contained in the preceding sections, if during the pendency of proceedings before the Tribunal or the Appellate Authority, as the case may be, a settlement is arrived at between a debtor and all his creditors and if the Tribunal or the Appellate Authority, as the case may be, is satisfied that the settlement has been made by the debtor voluntarily and is for his benefit, such Tribunal or Appellate Authority, as the case may be, may pass orders in terms of such settlement. 10. Consolidation of applications :- Where two or more applications for settlement of debts under S. 6 are presented by or against the same debtor, all such applications shall be consolidated. Where such separate applications are presented by or against joint debtors, all such applications shall be heard together. 11. Service of notice on debtors and creditors to submit statement of debts :- On receipt of the aplication under S. 6, the Tribunal shall (a) give notice to the debtor (unless the debtor is himself an applicant) and to every creditor (other than the creditor who is himself an applicant) whose name and address are given in the application, and 12. Debts in respect of which no application for settlement is made to be void :- Every debt due from debtor in respect of which no application has been made under S. 6 within the time prescribed under the said S. 6 or in respect of which no application for recording a settlement is made under S. 8 within the period specified in the said S. 8 and every debt due from such debtor in respect of which a statement is not submitted to the Tribunal by the creditor in compliance with the provisions of S. 11, shall be extinguished. 13. Duties of debtors and creditors :- (1) Every debtor by or against whom an application is made under S. 6 or who is a party to an application made under S. 8 shall produce all documents including books of accounts, submit to such examination in respect of his property and his creditors, and attend at such time before the Tribunal as may be required by the Tribunal. (2) It shall be the duty of every creditor to produce such documents including the books of accounts, to submit to such examination and to supply such information in respect of the debt due to him by the debtor and the securities held by him as may be required by the Tribunal. 14. Power of Tribunal to effect settlement and to decide disputes as to existence or amount of debt or assets :- (1) The Tribunal shall fix the date for hearing of the application under S. 6 on the date so fixed, shall call upon the applicant and all his creditors or debtors, as the case may be, to explain their respective cases regarding each debt and shall use its best endeavour to induce them to arrive at an amicable settlement, and if such settlement is arrived at, the Tribunal may pass orders in terms of such settlement. 15. Maximum amount allowable in settlement of a debt and powers of Tribunal in respect thereof :- (3) No creditor shall be allowed a higher rate of interest than the agreed rate of interest or the rate of interest as may be fixed by the State Government under S. 25 of the Bombay Money Lenders Act, 1946, as extended to the State of Tripura, whichever is less. 16. Appeal from order of Tribunal :- (2) Subject to the provisions of S. 17 the decision of the Tribunal where no appeal is filed and the decision of the District Collector where an appeal is filed, shall be final and shall not be questioned in any court of law. 17. Revision :- The Revenue Commissioner may within three months from the date of the order passed under this Act either suo moto or on application, call for and examine the record of any proceeding relating to such order for the purpose of satisfying himself as to the legality or propriety of the order and may pass such order Thereon as he thinks fit. 18. Settlement outside this Act to be void :- Every settlement of a debt due from a debtor to any creditor, which is not certified by the Tribunal under sub-S. (3) of S. 8 or in respect of the settlement of which no order has been passed under sub-S. (4) of S. 8, S. 9, 14 or 15, shall be void and shall not be recognised by any Civil Court for any purpose whatsoever, CHAPTER 5 Miscellaneous 19. Tribunal to have certain powers of Civil Court :- Every Tribunal shall have for the purposes of this Act, all the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908 in relation to the following matters, namely : (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) taking evidence on affidavits; (d) requisitioning any public record from any court or office; (e) issuing commission for inspection of property or for examination of witnesses ; (f) inspection of property. 20. The order of a Tribunal subject to appeal and revision shall have the effect of a decree of a Civil Court :- Every order of the Tribunal recording settlement of debt under S. 8, 9, 14 or 15 subject to appeal and revision, shall be deemed to be a decree within the meaning of Cl. (2) of S. 2 of the Code of Civil Procedure, 1908 and may be put to execution if necessary, through a Civil Court of competent jurisdiction. 21. Jurisdiction of Civil Courts barred :- No Civil Court shall entertain any suit or proceeding against a debtor for the recovery of debt within the meaning of this Act or a n y portion thereof or any interest due thereon after the commencement of this Act. 22. Stay of pending suits or other proceedings and their disposal :- (1) If the Tribunal on receipt of the application under S. 6 or 8 finds that a suit or proceeding is pending before a Civil Court in respect of such debts as enumerated in application under S. 6 or 8, it shall send intimation of such application to such Civil Court. (2) During the pendency of an application, appeal or revision before the Tribunal, District Collector or Revenue Commissioner, as the case may be, in relation to the settlement of any debt, any suit or proceeding before a Civil Court in respect of such debt, shall not be proceeded with until and unless the application, appeal or revision has disposed of. (3) After the final disposal of the application, appeal or revision, as the case may be, as referred to in sub-S. (1), the Tribunal shall send a copy of the final order regarding the settlement of debt under this Act to the Civil Court before which the suit or proceeding in respect of such debt is pending and the Civil Court shall pass the decree or order, as the case may be, in terms of the order of settlement of the debt which shall form part of the decree or order, as the case may be. 23. Penalty for molestation :- 24. General provision regarding penalties :- Whoever fails to comply with or acts in contravention of any provision of this Act or any rule made thereunder shall, if no specific penalty has been provided for in the Act, be punishable with imprisonment which may extend to one year or with fine which may extend to rupees two thousand or with both. 25. Certain offences to be cognizable :- Notwithstanding anything contained in the Code of Criminal Procedure, 1973, offences punishable under this Act or any rule made thereunder shall be cognizable. 26. Protection of action taken in good faith :- No suit, prosecution or other legal proceeding shall lie against the Government, any officer of the Government, a Tribunal or the District Collector or the Revenue Commissioner for anything which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder. 27. Period of limitation :- Notwithstanding anything contained in any other law for the time being in force, when the period of limitation is calculated for any suit, appeal, proceeding or application, or for execution of a decree, the period during which any person was debarred from instituting such suit, appeal or proceeding or making such application or executing such decree shall be excluded. 28. Remission of interest :- A debtor shall not be liable to pay interest upon any loan during t h e period for which no suit, appeal, or proceeding could be instituted or application made for recovery of the loan or for execution of a decree in relation thereto or for which a suit, appeal, application or proceeding for recovery of the loan was stayed. 29. Power to make rules :- (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislative Assembly, while it is in session, for a total period of fourteen days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule by way of amendment or repeal, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be ; so, however, that any such modification or repeal shall be without prejudice to the validity of anything previously done under that rule. 30. Repeal and savings :- (1) The Tripura Agricultural Debtors Relief Ordinance, 1975 (Ordinance No. 2 of 1975) is hereby repealed, (2) Notwithstanding such repeal, anything done, any action taken, all modifications published, powers conferred, forms prescribed, orders, rules and appointments made under the said Ordinance, shall be deemed respectively to have been done, taken, published, conferred, prescribed or made under the corresponding provisions of this Act as if this Act had come into force on the seventeenth day of September, 1975.