The Andhra Pradesh Agricultural Indebtedness (Relief) Act, 1987.

THE ANDHRA PRADESH AGRICULTURAL INDEBTEDNESS (RELIEF)
ACT, 1987
ACT No. 45 OF 1987
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title, extent and commencement
2. Declaration
3. Discharge of debts incurred on or after 29th December,
1976
4. Application of the Andhra Pradesh Agricultural Indebtedness
(Relief) Act, 1977
5. Power to make rules
THE ANDHRA PRADESH AGRICULTURAL INDEBTEDNESS (RELIEF)
ACT, 1987
ACT No. 45 OF 1987
[26th November, 1987]
AN ACT TO PROVIDE RELIEF FROM INDEBTEDNESS TO AGRICULTURAL
LABOURERS, RURAL ARTISANS AND SMALL FORMERS IN THE
STATE OF ANDHRA PRADESH AND FOR MATTERS CONNECTED
THERE WITH.
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh
in the Thirty- eighth Year of the Republic of India as follows:-
1. Short title, extent and commencement -(1) This Act may be called the
Andhra Pradesh Agricultural Indebtedness (Relief) Act, 1987.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date as the State Government may, by
notification in the Andhra Pradesh Gazette, appoint.
2. Declaration -It is hereby declared that this Act, is for giving effect to the
policy of the State towards securing the principles specified in article 46 of the
Constitution.
3. Discharge of debts incurred on or after 29th December, 1976 –(1)
Notwithstanding anything in the Andhra Pradesh (Andhra Area) Agriculturists
Relief Act, 1938 (Act 4 of 1938), the Andhra Pradesh (Telangana Area)  Money
Lenders Act, 1349 F. (Act 5 of 1349 F), the Andhra Pradesh (Andhra Area)
Pawn-brokers Act, 1943 (Act 23 of 1943), the Andhra Pradesh (Telangana Area)
Agricultural Debtors’ Relief Act, 1956 (Act 16 of 1956), the Andhra Pradesh
(Scheduled Area) Money Lenders Regulation, 1960 (Regulation 1 of 1960), the
Andhra Pradesh Indebted Agriculturists, Landless Labourers and Artisans
(Temporary Relief) Act, 1976 (Act 24 of 1976) or any law for the time being in
force, or any contract or other instrument having the force of law with effect on
and from the commencement of this Act, every debt borrowed or incurred
during the period between the 29th December, 1976 and1[the 31st May, 1989]
including interest, if any, owing to any creditor by an agricultural labourer, a
rural artisan or a small farmer shall be deemed to be wholly discharged.
(2) (a) No Civil Court shall entertain any suit or other proceeding against the
debtor for the recovery of any amount of the debt, including interest, if any,
which is deemed to be discharged under sub-section (1):
Provided that where any suit or other proceeding is instituted jointly
against the debtor and any other person, nothing in this sub-section shall
apply to the maintainability of such suit or proceeding in so far as it relates to
such other person.
(b) All suits and other proceedings including appeals, revisions, attachments or
execution proceeding pending2[as on the 31st May, 1989], against any debtor
for the recovery of any such debt, including interest, if any, shall abate:
Provided that nothing in this clause shall apply to the sale, in respect of
any such debt of—
(i) any movable property held and concluded before commencement
of this Act;
(ii) any immovable property, confirmed before such commencement.
1. Substituted by the Act No.2 of 1990, S.2.2. Substituted by the Act No.2 of 1990, S.2.
(c) Every debtor undergoing detention in a civil prison in execution of any
decree for money passed against him by a Civil Court in respect of any such
debt, including interest if any, shall be released.
(3) (a) Every movable property pledged by a debtor whose debt is deemed to be
discharged under sub-section (1); shall stand released in favour of such debtor
and the creditor shall be bound to deliver the same to the debtor forthwith.
(b) Every mortgage executed by such debtor in favour of the creditor shall
stand redeemed and the mortgaged property shall be released in favour of such
debtor.
Explanation:Nothing in this section shall be construedas entitling any debtor
for refund of any part of any debt repaid or interest paid already by him or
recovered from him before, such commencement.
4. Application of the Andhra Pradesh Agricultural Indebtedness (Relief)
Act, 1977 - (1) All the provisions of the Andhra Pradesh Agricultural
indebtedness (Relief) Act, 1977 (hereinafter in this section called “the said Act”)
except section 4 shall apply mutatis mutandis to the debts including interest, if
any, which are deemed to be discharged under section 3 (hereinafter called the
“said debts”) as they apply in relation to the debts referred to in the said Act;
and all the provisions of the said Act shall, be read and construed as if the said
provisions had been included and enacted in this Act.
(2) For the purpose of facilitating the application of the Andhra Pradesh
Agricultural Indebtedness (Relief) Act, 1977  (Act 7 of 1977), to the said debts,
the State Government may, by notification in the Andhra Pradesh Gazette,
make such adaptations and modifications of the said Act and the rules made
thereunder, whether by way of repealing, amending or suspending any
provision thereof as may be necessary or expedient and thereupon the said Act
and the rules made thereunder shall apply to the said debts subject to the
adaptations and modifications so made.
(3) Notwithstanding that no provision or insufficient provision has been
made under sub-section (2) for the adaptation of the provisions of the said Act,
or the rules made thereunder, any court, tribunal or authority required or
empowered to enforce those provisions may, for the purpose of facilitating their
application to the said debts, construe those provisions in such manner,
without affecting the substance as may be necessary or proper in regard to the
matter before the court, tribunal or authority.
5. Power to make rules –(1) The State Government may, by notification in the
Andhra Pradesh Gazette, make rules for carrying out all or any of the purposes
of this Act.
(2) Every rule made under this Act, shall, immediately after it is made, be
laid before the Legislative Assembly of the State if it is in session and if it is not
in session in the session immediately following for a total period of fourteen
days which may be comprised in one session or in two successive sessions, and
if, before the expiration of the session in which it is so laid or the session
immediately following, the Legislative Assembly agrees in making any
modification in the rule or in the annulment of the rule, the rule shall from the
date on which the modification or annulment is notified, have effect only in
such modified form or shall stand annulled as the case may be, so however,
that any such modification or annulment shall be without prejudice to the
validity of any thing previously done under that rule.

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