Chapter V MISCELLANEOUS

Every Tribunal shall have for the purposes of this Act, all the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908 in relation to the following matters, namely:

1. (a) summoning and enforcing the attendance of any person and examining him on oath;
2. (b) requiring the discovery and production of any document;
3. (c) taking evidence on affidavits;
4. (d) requisitioning any public record from any court or office
5. (e) issuing commission for inspection of property or for examination of witnesses;
6. (f) inspection of property.

Every order of the Tribunal recording settlement of debt under Section 8,9,14 or 15 subject to appeal and revision, shall be deemed to be a decree within the meaning of Cl. (2) of Section 2 of the Code of Civil Procedure, 1908 and may be put to execution if necessary, through a Civil Court of competent jurisdiction.

No Civil Court shall entertain any suit or proceeding against a debtor for the recovery of debt within the meaning of this Act or any portion thereof or any interest due thereon after the commencement of this Act.

1. (1) If the Tribunal on receipt of the application under Section 6 or 8 finds that a suit or proceeding is pending before a Civil court in respect of such debts as enumerated in application under Section 6 or 8, it shall send intimation of such application to such Civil Court.
2. (2) During the pendency of an application, appeal or revision before the Tribunal, District Collector or Revenue Commissioner, as the case may be, in relation to the settlement of any debt, any suit or proceedings before a Civil Court in respect of such debt, shall not be proceeded with until and unless the application, appeal or revision has disposed of.
3. (3) After the final disposal of the application, appeal or revision, as the case may be, as referred to in sub-section (1), the Tribunal shall send a copy of the final order regarding the settlement of debt under this Act to the Civil Court before which the suit or proceeding in respect of such debt is pending and the Civil Court shall pass decree or order, as the case maybe, in terms of the order of settlement of the debt which shall form part of the decree or order, as the case may be.

1. (1) Whoever molests, or abets the molestation of, a debtor for the recovery of a debt by him to a creditor shall, on conviction, be punishable with imprisonment of either description which may extend to one year or within fine which may extend to rupees two thousand or with both. Explanation.—For the purposes of this section a person who, with intent to cause another person to abstain from doing any act which he has a right to do or to do any act which he has a right to abstain from doing—
   • (a) obstructs or uses violence to or intimidates such other person, or
   • (b) persistently follows such other person from place to place or interferes with any property owned or used by him or deprives him of, or hinders him, in the use thereof, or
   • (c) loiters near a house or other place where such other person resides or works, a carries on business, or happens to be, or does any act calculated to annoy or intimidate such other person, shall be deemed to molest such other person: Provided that a person who goes to such house or place in order merely to obtain or communicate information shall not be deemed to molest.

Whoever fails to comply with or acts in contravention of any provision of this Act or any rule made thereunder shall, if no specific penalty has been provided for in the Act, be punishable with imprisonment which may extend to one year or with fine which may extend to rupees two thousand or with the both.

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 offences punishable under this Act or any rule made thereunder shall be cognizable.

No suit, prosecution or other legal proceeding shall lie against the Government, any officer of the Government, a Tribunal or the District Collector or the Revenue Commissioner for anything which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder.

Notwithstanding anything contained in any other law for the time being in force, when the period of limitation is calculated for any suit, appeal, proceeding or application, or for execution of a decree, the period during which any person was debarred from instituting such suit, appeal or proceeding or making such application or executing such decree shall be excluded.

A debtor shall not be liable to pay interest upon any loan during the period for which no suit, appeal, or proceeding could be instituted or application made for recovery of the loan or for execution of a decree in relation thereto or for which a suit, appeal, application or proceeding for recovery of the loan was stayed.

1. (1) The State Government may, by notification e Official Gazette, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for(fl) the form of application to the Tribunal;
   • (b) the form and manner of service of notices;
   • (c) the fees payable on applications and appeals;
   • (d) recording of evidence and marking of document by the Tribunal;
   • (e) the registers to be maintained by the Tribunal;
   • (f) the procedure to be followed in appeal and revisions under this Act;
   • (g) verifying the sufficiency of the security offered for the grant of loans;
   • (h) „the manner of recovery of loans not other sums from defaulting debtors by the State Government on lines similar to provisions for recovery of arrears of land revenue;
     • (i) any other matter which has to be or may be prescribed.
2. (3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislative Assembly, while it is in session, for a total period of fourteen days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule by way of amendment or repeal, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or repeal shall be without prejudice to the validity of anything previously done under that rule.

1. (1) The Tripura Agricultural Debtors Relief Ordinance, 1975 (Ordinance No. 2 of 1975) is hereby repealed.
2. (2) Notwithstanding such repeal, anything done, any action taken, all modifications published, powers conferred, forms prescribed, orders rules and appointments made under the said Ordinance, shall be deemed respectively to have been done, taken, published, conferred, prescribed or made under the corresponding provisions of this Act as if this Act had come into force on the seventeenth day of September. 1975. _________