The Andhra Pradesh Farmers Agricultural Debtor (Moratorium) Act, 2004

Short title, extent and commencement

1. (1) This Act may be called the Andhra Pradesh Farmers Agricultural Debtor (Moratorium) Act, 2004.
2. (2) It extends to the whole of the State of Andhra Pradesh.
3. (3) It shall be deemed to have come into force on and from the 18th day of July, 2004.

Definitions In this Act, unless the context otherwise requires,—

1. (a) "Agriculture" includes horticulture, apiculture, poultry farming, stock breeding and cultivation of crops, earthnuts and vegetables or any other produce of the soil:
2. (b) "Agricultural land" means land used for the purpose of agriculture;
3. (c) "Creditor" includes his heirs, legal representatives and assigns;
4. (d) "Debt" means any liability of a farmer, in cash or kind, whether secured or unsecured, and whether payable under a decree or order of a civil court or otherwise and subsisting on the date of the commencement of this Act;
5. (e) "Farmer" means a person who holds agricultural land and whose principal means of livelihood is income derived from agricultural land or manual labour on such land and includes a tenant who cultivates the land;
6. (f) "Money lender" implies a person as defined in the Andhra Pradesh (Telangana Area) Money Lenders Act, 1349 F or the Andhra Pradesh (Andhra Area) Money Lenders Act, 1957;
7. (g) "Moratorium" means the period during which the recovery of any debt is stayed under this Act.

Moratorium on debts

1. (1) Notwithstanding anything contained in any law for the time being in force, or in any decree or order of any Court, or in any contract, no suit for the recovery of any debt shall be instituted, or where instituted, no such suit shall be proceeded with, and no decree or order passed by any Court in any such suit shall be executed against an indebted farmer in the State of Andhra Pradesh, for such period as the Government may, by notification in the Andhra Pradesh Gazette, specify in this behalf: Provided that, the period so specified shall not be less than six months and not more than one year: Provided further that, the Government may extend the said period for a further period or periods not exceeding one year in the aggregate.
2. (2) Every such suit or execution proceeding pending against an indebted farmer at the commencement of this Act, shall stand stayed for the period specified in sub-section (1), subject to such further extension as may be notified under the second proviso thereto.

Power to make rules

1. (1) The Government may, by notification, make rules for carrying out all or any of the purposes of this Act.
2. (2) Every rule made under this Act shall, immediately after it is made, be laid before the Legislative Assembly of the State, if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following the Legislative Assembly agrees in making any modification in the rule or in the annulment of the rule, the rule shall, from the date of such modification or annulment, have effect only in such modified form or shall stand annulled, as the case may be so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

-1 Section 5 ("Power to remove difficulties")

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by notification in the Andhra Pradesh Gazette, make such provisions as appear to them to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiration of two years from the commencement of this Act.
2. (2) Every order made under this section shall, as soon as may be after it is made, be laid before the Legislative Assembly of the State.