Vidhi Codex

Agriculturists' Relief Act, 1983

Agriculturists' Relief Act, 1983

General198323 sections4 chapters

The Agriculturists' Relief Act, 1983, is a protective piece of legislation enacted in Jammu and Kashmir to shield farmers and specific rural artisans from exploitative debt practices. It empowers civil courts to intervene in loan disputes by investigating the entire history of financial transactions between a creditor and an agriculturist. The Act mandates the use of simple interest, prohibits unfair compound interest, and requires courts to set repayment schedules based on the debtor's actual "paying capacity." It essentially balances the power dynamic between lenders and rural borrowers, ensuring that debt recovery does not lead to the total destitution of the agriculturist.

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Chapter I PRELIMINARY →

  1. 1Short title, commencement and extent
  2. 2Definitions

Chapter II SCOPE OF THE ACT AND JURISDICTION OF COURTS →

  1. 3Application of Act to certain suits
  2. 4Jurisdiction to hear certain suits
  3. 5Provided that a suit referred to in section 10 shall be heard by a Subordinate Judge irrespective of the value thereof.
  4. 5ASuperintendence of, appeals to and revision by, Special Judges
  5. 5BLimitation of appeals
  6. 6Pending suits

Chapter III OF SUITS AND OTHER PROCEEDINGS TO WHICH AGRICULTURISTS ARE PARTIES →

  1. 8Omitted Omitted.
  2. 9Nothing herein contained shall affect the right of the parties to require that any matter in difference between them be referred to arbitration.
  3. 10Agriculturist-debtor may sue for accounts
  4. 11Decree under section 10 shall provide for payment by instalments. Execution of decrees under this section
  5. 12Payment into Court in cases under section 10
  6. 13No interest shall be allowed to the defendant on any sum deposited from the date of the receipt of such notice whether the sum deposited be in full satisfaction of the claim or fall short thereof.
  7. 14Instalments to be within paying capacity of judgment-debtor
  8. 15Limit of further interest

Chapter VI MISCELLANEOUS →

  1. 16Term within which suit to be instituted
  2. 17Bar of application of Order 21, rule 2(3) of the Code
  3. 18The Civil Courts Act and Civil Procedure Code to apply to proceedings under this Act
  4. 19The Court exercising jurisdiction under section 4 shall for the purposes of the said Code, and the said Act be deemed inferior to the District Court.
  5. 20Court-fee on plaints under section 3, clause (a)
  6. 21Power to make rules
  7. 22Rule to be published

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