Vidhi Codex

Bare Act

The Provincial Small Cause Courts (Bombay Amendment) Act, 1930

Civil195826 of 32 sections available

This Act amends the Provincial Small Cause Courts Act, 1887, specifically extending its application to the Hyderabad and Saurashtra regions of the former Bombay State. Its primary function is to introduce a streamlined legal mechanism known as "Distress" for landlords to recover rent arrears. It empowers Small Cause Courts to issue warrants for the seizure and sale of a tenant's movable property to satisfy unpaid rent, provided specific procedural safeguards are met. For ordinary citizens, this law defines the boundaries of property seizure, protects essential items from being taken, and provides a clear legal process for tenants to challenge unfair distress actions.

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  1. 1. Short title and commencement
  2. 2. Extension of certain Acts amending Act IX of 1887 to whole State
  3. 3. Amendment of the Second Schedule to Act IX of 1887
  4. 4. Amendment of section 1 of Act IX of 1887
  5. 5. Amendment of section 12 of Act IX of 1887
  6. 6. In sub-section (3) of section 12 of the principal Act, for the word “ fifty ” the words “ one hundred ” shall be substituted.
  7. 7. In sub-section (1) of section 14 of the principal Act, for the words "The ministerial officers" the words "The clerks, bailiffs, appraisers and other ministerial officers" shall be substituted.
  8. 27A. DISTRESSES.
  9. 27C. The Court of Small Causes may thereupon direct the issue of a warrant in Form B in the Third Schedule returnable within six days, addressed to any of the bailiffs appointed for the purpose :
  10. 27D. Every distress under this Chapter shall be made after sunrise and before sunset, and not at any other time.
  11. 27F. In pursuance of a warrant issued under section 27C, the bailiff shall seize the moveable property found in or upon the house or premises mentioned in the warrant and belonging to the person from whom the rent is claimed (hereinafter called the debtor) or such part thereof as may, in the bailiff's judgment, be sufficient to cover the amount of the said rent, together with the costs of the said distress :
  12. 27G. The State Government may, by general or special order published in the Official Gazette, declare that such portion of agricultural produce or of any class of agricultural produce, as may appear to the State Government to be necessary for the purpose of providing until the next harvest for the due cultivation of the land and for the support of the debtor and his family, shall, in the case of all agriculturists or any class of agriculturists, be exempted from liability to seizure in pursuance of a warrant issued under section 27C.
  13. 27H. The bailiff may impound or otherwise secure the property so seized in or on the house or premises chargeable with the rent.
  14. 27N. Every such order awarding or refusing compensation shall bar any suit for the recovery of compensation for any damage caused by the distress which gave rise to the case wherein such order was made.
  15. 27O. In default of any such order to the contrary, the distrained property shall be sold by an officer of the Court on the day mentioned in the notice given under section 27N and the officer aforesaid shall, on realising the proceeds, pay over the amount thereof to the Court ; and such amount shall be applied first in payment of the costs of the said distress and then in satisfaction of the debt ; and the surplus, if any, shall be returned to the debtor :
  16. 27P. Provided further that the debtor may direct that the sale shall take place in other manner, giving security for any extra costs thereby occasioned.
  17. 27Q. The Court of Small Causes shall cause to be kept a book in which all sums received as costs upon distresses made under this Chapter, and all sums paid as remuneration to the bailiffs, and all contingent charges incurred in respect of such distresses, shall be duly entered. It shall also cause to be entered in the book all sums realised by sale of the property distrained and paid over to landlords under the provisions of this Chapter.
  18. 27R. No distress shall be levied for arrears of rent except under the provisions of this Chapter ; and any person, except a bailiff, a Nazir or an officer of the Court, levying or attempting to levy any such distress, on conviction, be punished with fine which may extend to five hundred rupees and with imprisonment for a term which may extend to three months, in addition to any other liability he may have incurred by his proceedings."
  19. 27B. Application for distress warrant
  20. 27E. What places bailiff may force open
  21. 27I. The bailiff may impound or otherwise secure the property so seized in or on the house or premises chargeable with the rent.
  22. 27J. Application to discharge or suspend warrant
  23. 27K. Claim to goods distrained made by a stranger
  24. 27L. Power to award compensation to debtor or claimant
  25. 27M. Power to transfer to District Court cases where subject-matter in dispute exceeds the pecuniary jurisdiction of Court of Small Causes
  26. I. (See section 2)

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