Preamble

The Tamil Nadu Indebted Agriculturists (Temporary Relief) Act, 1975

Act 10 of 1975

Keyword(s): Agricultural Land, Agriculturist, Debt, Pay, Suit

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420 Indebted Agricufturists [I95: T.N. Act $0

(TemporaryRelief) I

TAMIL NADU ACT NO. 10 OF 1975.* THE TAMIL NADU INDEBTED AGRICULTURISTS (TEMPORARY RELIEF) ACT, 1975.

[Received the assent of the President on the 2nd April 1975,jirst published in the Tamil Nadu Government Gazette Extraordinary on the 3rd April 1975 (Panguni 20, Anantha (2006 -Tiruvalluvar Andu)).]

An Act to provide temporary relief to indebted agriculturists. WHEREASthere has been widespread drought;

AND WHEREAS the agriculturists have borrowed debts and may, if freed for a time from the pressure of creditors, be enabled to reha.bilit~tethemselves;

ANDWHEREAS it is in the interests of the general public that, at the present lime, agriculturists be sp?.red the distractions and expenditure involved in litipalion launched by their creditors, in order that the ma.ximum possible zdvantage may result to the State in the matter of production of food crops;

BE it enacted by thc Legislature of the St-te of Tamil N: du in the Twenty-sixth Year of the Republic of India as follows :-

Short title, 1.(1) This Act may be called the Tamil Nadu extent and Indebted Agriculturists (Temporary Relief) Act, 1975. commencement. (2) It extends to the whole of the St& of Tamil

Nadu.

1. (3) It shall be deemed to have come into force on the 16th January 1975. Dgnitions, 2. In this Act, unless the context otherwise requires- I
   • (a) c~griculturalImd' means land uscd for a.gricu1ture or horticulture, not being land appurtenaxt to a residential(b) 'agriculturist'building: meens aI person who owns an interest in agricultural :and, and who, by reason of such interest, is in possession of such land or is in receipt of For Statement of Objectsand Reasons, see Tamil Nadu Government Gazette Extraordinary, dated the 8th March 1975, Part IVSection 1,Page 67. 1975 :T.N. Act 101 Indebted Agrioulturists 421 (Temporary Relief) the rents or profits thereof and shall include a lessee; but shall not inclube-
     • (i) a firm registered under the Indian Partnership Act, 1932 (Central A d IX or 193.), or a company as defined in the Companies Act, 1956 (Ctnlral Act 1 of 1956), or a corporation formed in pursuance of an Act of Parliament of the United Kingdom or of any specie1 Indian lzw, or
     • (ii) any person who was asscssed to income-tax undcr the Income-tax Act, 1961 (Central Act 43 of 1961) or to agricultural income-tbaxunder the Tamil Nadu Agricultural Income-tax Act, 1955 (Tamil Nadu Act V of 1955) or to sales-tax und<r the Tamil Nadu General Sales Tdx Act, 1959 (Tamil Nadu Act 1of 1959), or under the Central Sales Tax Act, 1956 (Central Act 74 of 1956) in any of the years 1971-72, 1972-73, 1973-74. Explanation.-Where a joint Hindu family or a tarwad, tavazh i, kutumba or kavaru is an 2,griculturist, every co-parcener or member of the tarwad, tavazhi, kutumba or kavaru, as the case may be, shall bc deemzd to be an agriculturist, provic'cd that he has not been assessed to incoms-tax or agricultural inccme-t::x or sales-tax in any of the years 1971-72, 1972-73, 1973-74; 1 (c) 'debt' means any sum of money which a person is liable to pay under a contract (express or impli~d)for consid.:ration received and includes rent in cash or kind which a person is liable to p-.y or deliver in respect of the lawful use and occupation of agricultural land. Explanation I.--For the purpose of this cl~.use, 6' ltnt " in rt lat ian to :-.gricul!ural land shall mean rent accrued due for the fasli yt ar cnding with thc 30th June 1974 and for any pr~vious fasli year. Explanation 11.-It is immaterial that the sum or produce is recoverable only by sale of prop-rty in enforcement of a mortgage or charge or that the contract was entered into by the person's predecessor-in-title or by the manager of the joint Hindu f,-milyor the ka.ranavan of the tarwad or tavazhi or the yajaman of the kutumba or kavaru of which such person was or is a member. 122 Indebted Agricu/turists [I915 :T.N. Act 16 (Temporury aelie,f) Exception.-'Debt' does not include-
     • (i) rent or compensation for the use and occupation of house property ; I
     • (ii) rent or compensation foi the use and occupation of immovable property (not being house property or agricultural land) accrued due after the date of the com- mencement of this Act ; I
     • (iii) any liability arising oud of a breach of trust ;
     • (iv) any liability in respect of maintenance;
     • (v) any sum payable to the State or the Central Government or to any local authority, whether by way of revenue, tax, cess or loan or otherwise ;
     • (vi) any sum payable to any co-operative society, including a land development bank, registered or deemed to be registered under the Tamil Nadu Co-operative SocietiesAct, 1961 (Tamil Nadu Act 53 of 1961), provided that the right of the society to recover the sum did not arise by reason of an assignment made subsequent to the 15th September 1974 ;
     • (vii) wages or remuneration due as salary,or otherwise for service rendered : I
     • (viii) any liability in respectlof any sum due to-
   • (A) any banking company to which the Banking Regulation Act, 1949 (Central Act X of 1949) applies ;
   • (B) the State Bank of India constituted under the State Bank of India Act, 1955 (Central Act XXIII of 1955) 1
   • (C) any subsidiary bank as defined in clause (k) of section 2 of the State Bank of India (Subsidiary %inks) Act, 1959 (Central Act 38 of 1959) ;
   • (D) any corresponding new bank as defined in clause (d) of section 2 of the Banking Companies (Acqulsition and Transfer of Undertakings) Act, 1970 (Central Act 5 of 1970) ; (E!) theAgriculturalRe-fininceCorporationLimited, a company incorporated under the Companies Act, 1956 (Central Act 1 of 1956) ; 1975 :T.N.Act 101 indebted Agriculturtsts 428 (Tempor~ryRelief)
   • (F) any other financial institution notified by the State Government in the Tamil Nadu Government Gazette ;
   • (d) 'pay' with its grammatical variations, includes deliver ;
   • (e) 'suit' or 'application' does not include an appeal from a decree or order passed in a suit or application or u, application for revision or review.