The ASSAM DEBT CONCILIATION (AMENDMENT) ACT, 1943

ASSAM ACT XIV OF 1943. 
THE ASSAM DEBT CONCILIATION 
(AMENDMENT) ACT, 1943. 
[Passed by the Assatn Legislarore.J 
(Received the assent of the Governor oo the 9th Decemb er 1943. 1 
Prt-amble. 
Short title 
and ~xtent. 
Amendment 
of section 2 
of Assam 
Act X ol 
1936. 
Amendment 
of section 8 
ot Assam 
Act X of 
1936. 
(Publi~hcd in the Assam Ga<.ttte or the 15th December 1943. 
An Aclto amend lhe Assam Debt Conciliation Act, 
1936. 
\\'uEREAS it is expedient to amend th e Assam 
Debt Conciliation Act, J 936, in the manner 
h,.reinaftcr appea ring ; 
It is hereby enacted as follows :-
1. (1) 1 his Act may be called the Assam 
Debt Conciliation (Amendmen t) Act, 1943. 
(2) It shall have the like extent as the Assam 
Dt•bt Conciliation Act, 1936, hereinafter referred 
to as the principal Act. 
2. In section 2 of the priucipal Act-
(i) .Fo1· clause (c) the following shall be sul.,stt­
tutc:l, namely: -
'(c)" Creditor" means a person to whom a debt 
i!. owing and includes his heirs, executors, ad­
ministrators and assigns, and it also includes a 
Co-operalive Society registered under the Co­
perative Societies' Act (II of 1912).' 
(ii) For clause (e) the following shall be mb­
stitutcd, namely:-
' (e) "Debtor" means a person who owes a debt 
and who earns his livelihood mainly by agricul­
ture-, and includes his heirs, executors, adminis· 
trator~ and assigns. ' 
3. In section 8 of the principal Act-
(i) in sub-section ( I) between the words "by 
the debtor" and "Such statement " the following 
~hall b'! inserted, namely:-
"and to appear personally or by an authorised 
agt-nt before the Board on Lhe date fixed for the 
exami nation of the statement or settlement of the 
case" ; and 
Price 1 anna or ld. 
Assam Act 
X of 1936. 
Assam Act. 
X of 1936. 
I 
2 
(iiJ in sub-section (2) after the word "Board' ' 
where it first occurs the words "or in respect of 
which the creditor fails to appear " shall be 
inserted ; and after the word "discharged " a 
" comma" shall be substituted for the •·colon", 
and the words "and any property of the debtor 
in possession of such creditor shall be released 
within 30 days from the date of passing of such 
order:" shall be inserted. 
Amendment 4. In sub-section (2) ofseetion 1 2 of the prin­
ofsection 12 cipal Act, after the \\Ord " prescribed" the 
of Assam comma and the words " and it ~hall then take 
~~;6 X of efft>ct as if it were a decree of rhe Civil Court. ·• 
· · !'hall be om itted. 
Amendment 
of section L3 
of Assam 
Act X of 
1936. 
5. I n section 13 of the principal Act-
(i) in sub-section (lJ for the words '' as an 
a rrear of land revenue " the words and figures 
" under the procednre laid down in se'iion 69 of 
the Assam Land and Revenue Regulatwn, 1886" 
shall be substitute-d ; 
( ii) in sub-section ( 3) for the words "as au 
arrear of land revenue " the words, figure and 
brackets " under th'.! provisions of sub-section 
(l} " shall be substituted ; and 
(iii) for sub-section (4) the following shall be 
substituted, namely :-
"(1} When the Deputy Commi.;sioner certifies 
under sub-section (3) that any debt is irrecover­
able such certificate shall be deemed to be a 
decree and the creditor to be the decree-holder 
wi1llin the meaning or the Code of Civil Pro­
cedure, 1Q08, and the nearest Civil Court by 
which anr decree for like amount could be 
"'xccuted shall, for the purposes of the said 
Codt', be dl'emed to be the Court which passed 
the decree, and all the provisions of that Cod e 
as to the execution of decrees shall apply accord­
mgt\." 
Amendment 6. I n sub-section (1) of section 21 of th e 
ofsection 21 pri ncipal Act, after the words « Civil Court " the 
:>Af Asxsam f words " or a R eve nue Court " shall be added. 
~l 0 
1936. 
/\.G. P. (L.C .) No.I03-750+7S0-2l-6-19~4. 
Regulation 
l of 1886. 
Act V of 
1908. 

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