Amendment of Bombay Agricultural Debtors Relief Act, 1947, in its application to enclaves and specified areas

Notwithstanding anything contained in the States' Merger (Bombay) Order, 1950, the Provinces and States (Absorption of Enclaves) Order, 1950, and the India and Hyderabad (Exchange of Enclaves) Order, 1950, the Bombay Agricultural Debtors Relief Act, 1947, shall, in its application to the areas specified in Schedules I and II appended to this Act, be subject to the following modifications:— In the said Act—

1. (I) in section 2,—

1. (a) for clause

1. (2) the following shall be substituted, namely :— "(2) 'co-operative society' shall mean a society registered under any of the provisions corresponding to those contained in the Bombay Co-operative Societies Act, 1925, in force in any of the enclaves or specified areas, as the case may be, or a society registered under the said Act;";
   • (b) in clause (5),—
     • (i) for the figures, letters and word "30th January 1940" wherever they occur, the figures, letters and word "25th January 1950" shall be substituted;
     • (ii) for the words "the date of the coming into operation of this Act or of the establishment of the Board concerned under the repealed Act" wherever they occur, the words, figures and letters "25th day of January 1950" shall be substituted;
2. (2) in section 4, for sub-section
3. (1) the following sub-section shall be substituted, namely :— "(1) Any debtor ordinarily residing in any local area or his creditor may make an application before the 31st October 1950 to the Court for the adjustment of his debts";
4. (3) in section 7, for the figures, letters and word "1st January 1938" the figures, letters and word "25th January 1950" shall be substituted;
5. (4) in section 22, the following proviso shall be added at the end, namely :— " Provided further that where any amount due to a creditor is determined by a competent tribunal or authority under any law in force in any of the enclaves or specified areas, as the case may be, relating to the conciliation or adjustment of the debts of agriculturists corresponding to this Act, the amount so determined shall be binding on the parties.";
6. (5) in section 23, in the proviso, after the figures "1879" the words "or any enactment corresponding to there to" shall be inserted;
7. (6) in section 24, in sub-section (2), for the figures, letters and word "1st August 1947" the figures, letters and word "31st October 1950" shall be substituted;
8. (7) in section 25,—
   • (a) in clause (i), the words and figures "or by a Board established under section 4 of the repealed Act" shall be deleted;
   • (b) in clause
     • (ii) for the figures, letters and words "15th day of February 1939" the figures, letters and word "25th January 1950" shall be substituted;
9. (8) in section 32, in sub-section (2),—
   • (a) for clause (c), the following clause shall be substituted, namely :— "(c) loans given by resource societies or by persons authorised to advance loans under section 54 for the financing of crops or for seasonal finance,";
   • (b) in the Explanation, the words "under the repealed Act" and the words "under this Act" shall be deleted;
10. (9) in section 56, in sub-section (1),—
    • (a) for the words and figures "the Dekkhan Agriculturists' Relief Act, 1879, by the Bombay Agricultural Debtors Relief Act, 1939, the first mentioned Act" the words and figures "any enactment corresponding to the Dekkhan Agri- culturists' Relief Act, 1879, in force in any of the enclaves or specified areas, as the case may be, such enactment" shall be substituted;
    • (b) the words and brackets "with effect from the date of the coming into operation of this Act (hereafter in this section referred to as the said date)" shall be deleted;
    • (c) for the words "for a period of three years from the said date" the words, figures and letters "up to the 25th day of January 1953" shall be substituted;
    • (d) for the first proviso, the following proviso shall be substituted :— " Provided that any proceeding in or out of any suit instituted on or before the 25th day of January 1953 shall be continued and disposed of after the said date as if the enactment corresponding to the Dekkhan Agriculturists' Relief Act, 1879, had continued in force after the said date."