Bar of suits, applications, criminal proceedings and other proceedings.

Finance200121 sections

Statutory text

(1) No suit for recovery of debt shall be instituted, no application for execution of a decree in respect of a debt shall be made against an agriculturist and no appeal, revision petition or application for review against any decree or order in any such suit or application shall be presented or made against an agriculturist in any Civil Court, or Tribunal or other authority before the expiry of twelve months from the commencement of this Act and shall such suits, applications, appeals and petitions instituted or made against an agriculturist before such commencement and pending at such commencement shall stand stayed for the said period: Provided that where a debt is due to a Co-operative Society, the bar on realisation of such debt from an agriculturist and the stay on institution of petitions or appeals or other proceedings against such agriculturists shall be for a period of six months.
(2) During the period specified in sub-section (1) and in sub-section (2) of section 4, in respect of a debt incurred by an agriculturist before the commencement of this Act, no criminal court shall take further proceedings on a complaint filed in a criminal court before the commencement of this Act or filing thereafter, for the prosecution of such agriculturist under section 138 of the Negotiable Instrument Act, 1881 (Central Act 26 of 1881) if the agriculturist files an application in such court raising the contention that the debt is one coming under the purview of this Act.

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