LexThe Himachal Pradesh Debt Reduction Act, 1976
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH DEBT REDUCTION ACT, 1976
ARRANGEMENT OF SECTIONS
Sections:
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
INSOLVENCY PROCEDURE
3. Amendment of section 10 of the Provincial Insolvency Act, 1920.
4. Amendment of section 74 of the Provincial Insolvency Act, 1920.
CHAPTER III
SUITS AND DECREES
5. Forum of suits.
6. Debtor’s right to sue.
7. Amendment of decree.
8. Accounting and determination of the amount due.
9. Rate of interest on decrees.
CHAPTER IV
EXECUTION OF DECREES
10. Attachment of agricultural produce restricted.
11. Protection of agricultural land of debtor from sale or transfer.
12. Procedure where several decrees are executed simultaneously.
13. Trees protected from sale.
14. Application of the Code of Civil Procedure, 1908.
15. Collector deemed to be acting judicially.
16. Appeal to the Commissioner who shall be deemed to b e acting
judicially.
17. Powers to the Financial Commissioner to examine leg ality or
propriety of the orders passed by the Collector or Commissioner.
18. Limitation for appeals.
19. Exemption from attachment or sale.
20. Immunity from arrest.
THE HIMACHAL PRADESH DEBT REDUCTION ACT, 1976
2
21. Amendment of section 60 of the Code of Civil Procedure, 1908.
CHAPTER V
MISCELLANEOUS
22. Suit for account of money lent.
23. Deposit in court.
24. Duty of creditor to maintain and furnish accounts.
25. Penalty for non-compliance with the provisions of section 24.
26. Penalty for entering in books of accounts a sum lar ger than
actually lent and for not giving receipts.
27. Saving in cases of previous loans.
28. Burden of proof of consideration.
29. Power to make rules.
30. Repeal and savings.
SCHEDULE
THE HIMACHAL PRADESH DEBT REDUCTION ACT, 1976
(ACT NO. 31 OF 1976) 1
(Received the assent of the President on the 2 nd August, 1976 and was
published in the Rajpatra, Himachal Pradesh (Extra- ordinary), dated the
13 th August, 1976, pp. 1544-1554.)
An Act to provide for the Reduction of Debt in Himachal Pradesh.
Amended, repealed or otherwise affected by:-
Act No. 25 of 1978 2 assented to by the Governor on 9 th May, 1978,
published in the Rajpatra, Himachal Pradesh (Extra- ordinary),
dated 18 th May, 1978, pp. 563-564.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Twenty-seventh Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.- (1) This Act may be
called the Himachal Pradesh Debt Reduction Act, 1976.
1. For Statement of Objects and Reasons, see the Ra jpatra, Himachal Pradesh
(Extra-ordinary), dated the 17 th March 1976, p. 896. For its Authoritative Hindi
Text see the Rajpatra, Himachal Pradesh (Extra-ordi nary), dated 18 th March,
1994 pp. 325-337.
2. For Statement of Objects and Reasons see the Raj patra, Himachal Pradesh (Extra-
ordinary), dated 8 th April, 1978, p. 332.
THE HIMACHAL PRADESH DEBT REDUCTION ACT, 1976 3
(2) This Chapter and Chapters III to V shall exten d to the whole of
Himachal Pradesh and Chapter II to such areas as th e State Government may,
from time to time by notification, direct.
(3) This Act shall come into force on such date
1 as the State
Government may, by notification, appoint in this behalf.
2. Definitions.- In this Act, unless there is anything repugnant in the
subject or context,-
2[(i) "bank" means,-
(a) a banking company as defined in the Banking Re gulation
Act, 1949 (10 of 1949);
(b) the State Bank of India constituted under the S tate Bank
of India Act, 1955 (23 of 1955);
(c) a subsidiary bank as defined in the State Bank of India
(Subsidiary Banks) Act, 1959 (38 of 1959);
(d) a Regional Rural Bank established under the Re gional
Rural Banks Act, 1976 (21 of 1976);
(e) a corresponding new bank constituted under the Banking
Companies (Acquisition and Transfer of Undertakings )
Act, 1970 (5 of 1970);
(f) any banking institution notified by the Centra l
Government under section 51 of the Banking Regulati on
Act, 1949 (10 of 1949);
(g) the Agricultural Refinance and Development Corp oration
constituted under the Agricultural Refinance and
Development Corporation Act, 1963 (10 of 1963);
(h) the Agro-Industries Corporation as defined in s ub-section
(c) of section 2 of the Himachal Pradesh Agricultur al
Credit Operations and Miscellaneous Provisions (Ban ks)
Act, 1972 (7 of 1973);
(i) the Agricultural Finance Corporation Limited a company
incorporated under the Companies Act, 1956 (1 of 19 56);
and
(j) any other financial institution notified by th e State
Government in the Official Gazette as a bank for th e
purpose of this Act;]
(ii) "Collector" means the Collector of the Distri ct or any officer
specially empowered by the State Government to disc harge
1. Act came into force w.e.f. 1 st April, 1979 vide Notification No. 10-17/69- Rev.-
B, dated 3 rd February, 1979 published in the Rajpatra, Himachal Pradesh, dated
12 th May, 1979, p. 330.
2. Substituted vide H.P. Act No. 25 of 1978.
THE HIMACHAL PRADESH DEBT REDUCTION ACT, 1976
4
the functions of a Collector for the purposes of this Act;
(iii) "co-operative society" means a society regis tered or deemed
to be registered under the provisions of the Himachal Pradesh
Co-operative Societies Act, 1968 (3 of 1969);
(iv) "court" means a civil court;
(v) "creditor" in Chapter V means a person who, in the regular
course of business, advances a loan as defined in t his Act and
includes the legal representatives and the successo rs in
interests whether by inheritance, assignment or oth erwise, of
a creditor;
(vi) "decree to which this Act applies" means a de cree passed
either before or after the commencement of this Act in a suit
to which this Act applies;
(vii) "interest" means rate of interest and includ es the return to be
made over and above what was actually lent whether the same
is charged or sought to be recovered specially by w ay of
interest or usufruct or services to be rendered or otherwise;
(viii) "Financial Commissioner" means the Financia l
Commissioner of Himachal Pradesh for the time being and
includes any officer specially empowered by the Sta te
Government to exercise the powers of the Financial
Commissioner under this Act;
(ix) "loan" means an advance in cash or kind and in cludes any
transaction which in substance amounts to such adva nce but
does not include an advance by the Central or State
Government or by a local authority authorised by th e State
Government to make advance, by a co-operative society or by
a bank or by the Life Insurance Corporation of India or a loan
taken or used for the purposes of trade;
(x) "prescribed" means prescribed by rules made un der this Act;
(xi) "principal" means the amount originally advan ced;
(xii) "State Government" means the Government of H imachal
Pradesh;
(xiii) "suit to which this Act applies" means any s uit or proceedings
relating to a loan;
(xiv) "debtor" means a person who receives a loan a s defined under
this Act;
(xv) "Commissioner" means the Commissioner Revenue of
Himachal Pradesh or any officer specially empowered by the
State Government to exercise the powers of the
Commissioner under this Act;
THE HIMACHAL PRADESH DEBT REDUCTION ACT, 1976 5
(xvi) "notification" means notification published u nder proper
authority in the Rajpatra, Himachal Pradesh.
CHAPTER II
INSOLVENCY PROCEDURE
3. Amendment of section 10 of the Provincial Insol vency Act,
1920.- In sub-section (1) of section 10 of the Provincial Insolvency Act, 1920
(5 of 1920), after the existing clause (a) the foll owing clause shall be
inserted:-
"(aa) his debts amount to two hundred and fifty ru pees and he
satisfies the court that he is entitled to summary
administration of his estate under section 74 of this Act; or".
4. Amendment of section 74 of the Provincial Insol vency Act,
1920.- In section 74 of the Provincial Insolvency Act, 1920 (5 of 1920) for the
words "five hundred rupees" the words "two thousand rupees" shall be
substituted.
CHAPTER III
SUITS AND DECREES
5. Forum of suits.- Notwithstanding anything contained in any other
law for the time being in force, every suit to whic h this Act applies, shall be
instituted in a court within the local limits of the jurisdiction of which,-
(a) the defendant or, if there are more than one, any of the
defendants resides; or
(b) in case the defendant or, if there are more th an one, all the
defendants, reside outside the limits of Himachal Pradesh,-
(i) the holding or the land of the defendant or, i f there are
more than one, or any of the defendants is situate, or
(ii) the defendant or, if there are more than one, any of the
defendants carries on trade or profession.
6. Debtor's right to sue.- Notwithstanding the terms of any contract
regarding the date or dates on which a debt shall b ecome due, a suit to which
this Act applies for the redemption of a mortgage o r for accounts may be
instituted by a debtor at any time after the commencement of this Act.
7. Amendment of decree.- (1) Notwithstanding the provisions of any
decree or of any law for the time being in force, a person liable to pay the
amount due under a decree to which this Act applies, may apply to civil court,
which passed the decree or to which the execution o f the decree has been
transferred, for the amendment of the decree by red uction, according to the
provisions of this Act, of the amount due under it, and on receipt of such
application the court shall after notice to the opp osite party, calculate the
amount due from the applicant in accordance with the provisions of sections 8
and 9 and shall amend the decree accordingly.
THE HIMACHAL PRADESH DEBT REDUCTION ACT, 1976
6
(2) A decree amended under the provisions of sub-s ection (1) shall be
deemed to bear the date of the original decree.
(3) In amending a decree under the provisions of t his Act the court
shall accept the findings of which the decree was p assed except in so far as
they are inconsistent with the provisions of sections 8 and 9.
8. Accounting and determination of the amount due. - (1) In a suit
to which this Act applies or in an application made in a suit to which this Act
applies or in amending a decree under the provision s of section 7, the court
shall, notwithstanding anything to the contrary in any law, decree or
contractor in any agreement purporting to close pas t transactions, determine
the principal and take into account all sums paid b y or on behalf of the debtor
and in the case of a mortgage with possession, the net profits realised by the
mortgagee or which with the exercise of ordinary de ligence might have been
realised by him and shall determine the amount, if any, due by the debtor in
accordance with the provisions of sub-sections (2) and (3);
Provided that for the purpose of determining the p rincipal, the court
shall treat as principal any accumulated interest w hich has been converted in
to principal at any statement, settlement of accoun t or any contract in the
course of transaction made before the first day of January, 1917 but shall treat
as interest any accumulated interest which has been converted as aforesaid at
any such statement, settlement, or contract made on or after that date.
(2) The amount due by the debtor shall not exceed t he amount that
could have been due if the rate of interest had bee n, in the case of a secured
loan 6 per cent per annum simple interest, and in t he case of unsecured loan
12 per cent per annum simple interest.
(3) The total amount due by the debtor as interest and principal shall
not in any case, exceed-
(a) in respect of a loan advanced before the commen cement of this
Act, twice the amount of the principal less any amount already
received by the creditor in excess of the amount du e under
sub-section (2);
(b) in respect of loan advanced after the commencem ent of this
Act, twice the amount of principal less any amount already
received by the creditor.
(4) Nothing in this section shall entitle the debt or to a refund of any
sum already paid by him.
9. Rate of interest on decrees.- (1) Notwithstanding anything
contained in section 34 of the Code of Civil Proced ure, 1908 (5 of 1908), the
court shall not order further interest on the aggre gate sum adjudged in a
decree to which this Act applies or any decree amen ded under the provisions
of this Act, at a rate exceeding three percent per annum simple interest:
Provided that where future interest has not been a llowed in the
original decree it shall not be allowed in the decr ee amended under the
THE HIMACHAL PRADESH DEBT REDUCTION ACT, 1976 7
provisions of this Act.
(2) If in a decree to be amended under the provisi ons of this Act, a
higher rate of future interest has been allowed by the court passing the decree,
such rate shall, with effect from the date of the d ecree, be reduced to a rate
permitted by the provisions of sub-section (1) and the decree shall be
amended accordingly.
(3) When a decree in executed by the grant of mort gage under the
second proviso to sub-section (1) of section 11 the n, notwithstanding a
different rate in the decree, the rate of interest shall, from the date when such
mortgage is granted, be deemed to be three per cent per annum.
CHAPTER IV
EXECUTION OF DECREES
10. Attachment of agricultural produce restricted. - Notwith-
standing anything in the Code of Civil Procedure, 1 908 (5 of 1908), not more
than one-fourth of the agricultural produce of a ju dgement debtor shall be
liable to attachment in execution of a decree to which this Act applies.
11. Protection of agricultural land of debtor form sale or
transfer.- (1) Notwithstanding anything contained in this Act or in any other
enactment for the time being in force, a final decr ee for fore-closure shall not
be passed in respect of the agricultural land of a debtor in a suit to which this
Act applies. Nor shall such land be sold or otherwi se transferred in execution
of a decree to which this Act applies:
Provided that the court may execute a decree to wh ich this Act applies
by granting to the decree-holder a self-liquidating usufructary mortgage of
such land for such period as the Collector may deci de under sub-section (4),
subject to the provisions of sections 16 and 17:
Provided also that when a mortgage has been grante d under the
provisions of this section, the same land shall not be mortgaged in execution
of any other decree to which this Act applies again st the same debtor or his
heir or successor if the term of the mortgage together with the term or terms of
the previous mortgage or mortgages exceed twenty years.
(2) The form, terms and conditions of a mortgage gr anted under the
first proviso to sub-section (1) and the amount to be paid by the debtor at
anytime for the redemption of such mortgage shall b e such as may be
prescribed.
(3) Notwithstanding anything contained in the Code of Civil
procedure, 1908 or any other law for the time being in force, whenever a civil
court orders that the land be attached and alienate d temporarily in the
execution of a decree for the payment of money, the proceedings of such
attachment and alienation shall be transferred to the Collector.
(4) On the proceedings being transferred to him by the civil court the
Collector shall decide the period of alienation, wh ich shall not exceed twenty
years and shall inform the civil court of his decis ion as well as of the decision
THE HIMACHAL PRADESH DEBT REDUCTION ACT, 1976
8
or order under sections 16 and 17.
12. Procedure where several decrees are executed si multaneously.-
(1) Where several persons holding decrees to which this Act applies, move the
court before it has granted mortgage under section 11 for execution of their
decrees by grant of a mortgage of agricultural land , the court shall, subject to
the provisions of that section, observe the followi ng principles in executing
the decrees:-
(a) when any such decree is based on a loan, the p ayment of
which is already secured by a mortgage of the whole or part
of the agricultural land (hereinafter described as secured
decree), the holder of such decree shall first be g ranted a
mortgage or the agricultural land already mortgaged to him,
and the holder of decree based on an unsecured loan
(hereinafter described as an unsecured decree) shal l be
granted a mortgage of the remaining agricultural land, if any;
(b) when there are more than one secured decrees a nd also
unsecured decrees-
(i) if different portions of the agricultural land are mortgaged
in the secured decrees, the holder of each such dec ree
shall be granted a mortgage of the portion which is
already mortgaged to him;
(ii) if the same agricultural land is mortgaged in more than
one decree, mortgages shall be granted to the holde r of
such decree in order of their priority; and
(iii) if after the grant of mortgages under sub- c lauses (i) and
(ii) there remains any agricultural land free from such
mortgages, the holders of the unsecured decree shal l be
granted mortgage, thereof;
(c) as among persons holding unsecured decrees, su ch persons
shall subject to the provisions of clause (b) each be granted
simultaneously mortgages of rateable shares of the
agricultural land in such manner as may be prescribed.
(2) Where a decree is executed by the grant of a m ortgage under the
provisions of the first proviso to sub-section (1) of section 11, the court shall
grant a certificate of mortgage with such particula rs as may be prescribed and
shall follow the procedure laid down in sub-section (2) of section 89 of the
Indian Registration Act, 1908 (16 of 1908), as if s uch certificate was a
certificate of the sale of immovable property and t he registering officer shall
file the copy of the certificate in his book No. 1. Such certificate of mortgage
shall be exempted from stamp duty.
13. Trees protected from sale.- No decree to which this Act applies
shall be executed by the transfer of trees on agric ultural land unless the land
on which such trees stand is also transferred.
THE HIMACHAL PRADESH DEBT REDUCTION ACT, 1976 9
14. Application of the Code of Civil Procedure, 190 8.- The
provisions of the Code of Civil Procedure, 1908 (5 of 1908), save in so far as
they are not inconsistent with the provisions of th is Act, shall apply to all
proceedings under this Act.
15. Collector deemed to be acting judicially.- The Collector when
acting under section 11, shall be deemed to be acting judicially and shall act in
accordance with the provisions of law applicable to the civil courts.
16. Appeal to the commissioner who shall be deemed to be acting
judicially.- Any party aggrieved by an order of the Collector ma de under the
provisions of this Act, shall have a right of appea l to the Commissioner who
shall, when hearing appeals under this section, be deemed to be acting
judicially and shall act in accordance with the pro visions of law applicable to
a civil court of appeal.
17. Powers to the Financial Commissioner to examine legality or
propriety of the orders passed by the Collector or Commissioner.- The
Financial Commissioner may at any time, call for an d examine the record of
any order passed or proceedings taken by the Collec tor or the Commissioner
under this Act, for the purpose of satisfying himse lf as to the legality or
propriety of such order of such proceedings and may pass such order thereon
as he may think fit.
18. Limitation for appeals.- The period of limitation for an appeal
under section 16 shall run from the date of the ord er appealed against and
shall be sixty days.
19. Exemption from attachment or sale.- Notwithstanding anything
contained in the Code of Civil Procedure, 1908 (5 o f 1908), no decree for the
payment of money shall be executed by the sale without attachment, or by the
appointment of a receiver of land or the produce of land or an interest in land,
which under any law for the time being in force, is exempted for attachment
or sale.
20. Immunity from arrest.- No debtor as defined in section 2 of this
Act shall be arrested or imprisoned in execution of a decree for money,
whether passed before or after the commencement of this Act.
21. Amendment of section 60 of the Code of Civil Pr ocedure,
1908.- In section 60 of the Code of Civil Procedure, 1908 (5 of 1908),-
(a) in sub-section (1) in the proviso,-
(i) in clause (c), for the words "occupied by him" the following words
shall be deemed to be substituted, namely:-
"not proved by the decree-holder to have been let o ut on rent or
lent to persons other than his father, mother, wife , son, daughter,
daughter-in-law, brother, sister, or other dependan ts or left vacant
for a period of a year or more".
(ii) after clause (c), the following clauses shall be deemed to be
inserted, namely:-
THE HIMACHAL PRADESH DEBT REDUCTION ACT, 1976
10
"(cc) milch animals whether in milk or in-calf, kid s, animals
used for the purposes of transport or draught cart and
open spaces or enclosures belonging to an agricultu rist
and required for use in case of need for tying catt le,
parking carts or stacking fodder or manure;
(ccc) one main residential house and other buildin gs attached
to it (with the material and the sites thereof and the land
immediately appurtenant thereto and necessary for their
enjoyment) belonging to a judgement-debtor other th an
an agriculturist and occupied by him :
Provided that the protection afforded by this claus e shall
not extend to any property specifically charged wit h the debt
sought to be recovered."
(b) after sub-section (2) the following sub-sectio ns shall be deemed to
be inserted, namely:-
"(3) Notwithstanding any other law for the time bei ng in force, an
agreement by which a debtor agrees to waive any ben efit of any exemption
under this section shall be void.
(4) For the purposes of this section the word "agri culturist" shall
include every person whether as owner, tenant, partner or agricultural labourer
who depends for his livelihood mainly on income from agricultural land.
(5) No order for attachment shall be made unless th e court is satisfied
that the property sought to be attached is not exem pted from attachment or
sale."
CHAPTER V
MISCELLANEOUS
22. Suit for account of money lent.- (1) A debtor may sue for an
account of a loan.
(2) In such suit, the court shall allow only such interest as may be
permissible under this Act. It shall after taking necessary accounts, declare the
account which is still payable by the plaintiff to the defendant and shall on the
application of the defendant, if the money is payab le, pass a decree in favour
of the defendant:
Provided that the court shall determine the value of the service
rendered in lieu of interest in the prescribed manner.
(3) Notwithstanding anything in the Himachal Prade sh Court Fees
Act, 1968, the court fee payable on a plaint in a s uit under sub-section (1)
shall be that prescribed by schedule and the fee pa yable on an application
under sub-section (2) shall be the amount, if any, by which the fee payable on
a plaint in suit for the recovery of the amount dec lared under that sub-section
exceeds, the fee already paid by the plaintiff on the plaint.
23. Deposit in Court.- (1) Any person who owes money may at
THE HIMACHAL PRADESH DEBT REDUCTION ACT, 1976 11
anytime deposit in court a sum of money in full or part payment to his
creditor.
(2) The court on receipt of this deposit shall giv e notice thereof to the
creditor and shall on his application, pay the sum to him.
(3) From the date of such deposit interest shall c ease to run on the
sum so deposited.
24. Duty of creditor to maintain and furnish accoun ts.- (1) A
creditor shall, after the date on which this Act comes into force,-
(a) regularly record and maintain a correct accoun t for each
debtor of all transactions relating to each loan ad vanced to
that debtor, in the prescribed manner, and
(b) supply each debtor every six months with a ful l and correct
statement of account signed by the creditor or his agent in
such form and on such date as may be prescribed.
(2) A person to whom a statement of account has be en submitted
under sub-section (1) shall not be bound to acknowl edge or deny its
correctness and his failure to protest shall not, b y itself, be deemed to be an
admission of the correctness of the account.
(3) The account prescribed in clause (a) of sub-se ction (1) shall be
deemed to be regularly kept in the course of busine ss for the purpose of
section 34 of the Indian Evidence Act, 1872 (1 of 1 872) and copies of entries
in such accounts certified in such manner as may be prescribed shall be
admissible in evidence for any purpose in the same manner and to the same
extent as the original entries.
25. Penalty for non-compliance with the provisions of section 24.-
Notwithstanding anything contained in any other enactment for the time being
in force-
(a) in any suit or proceeding relating to a loan if the debtor objects
that the creditor has not complied with the provisi ons of
section 24, the court shall determine such objectio ns before
deciding the claim on the merits;
(b) if the court finds that the provisions of clau se (a) of sub-
section (1) of section 24 have not been complied wi th by the
creditor, it may, if the creditor's claim has been established in
whole or in part, disallow the whole or a portion of the interest
found due, as it may deem reasonable in the circums tances of
the case, and shall disallow the cost;
(c) if the court finds that the provisions of clau se (b) of sub-
section (1) of section 24 have not been complied wi th by the
creditor the court shall, in computing the amount o f interest
due on the loan, exclude every period for which the creditor
has failed to comply with such provisions :
THE HIMACHAL PRADESH DEBT REDUCTION ACT, 1976
12
Provided that if the creditor has, after the time prescribed in the said
clause, furnished the account and satisfied the cou rt that he had sufficient
cause for not furnishing it earlier, the court, not withstanding such omission,
shall include any such period or periods for the pu rpose of computing the
interest:
Provided further that if the creditor has submitte d an account which is
not full and correct, and satisfies the court that the omission or error was
bonafide and due to inadvertence, the court shall, notwithstanding such
omission or error, include any such period or perio ds for purpose of
computing interest.
Explanation.- A person who has kept his accounts and submitted hi s
six monthly statement of accounts in the form and m anner prescribed in
clauses (a) and (b) of sub-section (1) of section 2 4, he shall be held to have
complied with the provisions of these clauses in re spect of any errors or
omissions if the court finds that the errors or omi ssions were accidental and
not material and that the accounts have been kept i n good faith with the
intention of complying with the provisions of these clauses.
26. Penalty for entering in books of accounts a sum larger than
actually lent and for not giving receipts.- Any creditor who, after the
commencement of this Act, records in his book of accounts or in the statement
of account submitted to the debtor as lent to a deb tor a sum larger than
actually lent, whether by way of charges for expens es, inquiries, fines, bonus,
premia, renewals, or otherwise, shall be punished f or the first offence with
fine which may extend to one hundred rupees, and fo r a second or subsequent
offence with regard to the same or any other debtor with fine which may
extend to five hundred rupees.
(2) Where in any suit concerning a loan taken by a debtor, the court
finds that the creditor has, without reasonable cau se, refused or neglected to
deliver to the debtor a receipt for any payment by him on account of such loan
or to credit such payment on the written instrument securing such loan, it may
award the debtor such compensation not exceeding double the amount of such
payment as it may consider proper.
27. Saving in cases of previous loans.- The provisions of sections 24
to 26 shall not, in the case of a loan advanced bef ore the commencement of
this Act, apply to the period prior to the commencement of this Act.
28. Burden of proof of considerations.- Notwithstanding anything to
the contrary contained in other enactment for the t ime being in force the
burden of proving that any consideration alleged to have been paid by a
money lender has actually passed, shall be on him, unless the consideration is
acknowledged by a debtor in his own handwriting or has been endorsed by the
registering officer acting under clause (c) of sub- section (1) of section 58 of
the Indian Registration Act, 1908 (16 of 1908), as having been paid in his
presence.
29. Power to make rules.- (1) The State Government may make rules
THE HIMACHAL PRADESH DEBT REDUCTION ACT, 1976 13
consistent with this Act for carrying out the purposes of this Act.
(2) Every rule made under this Act shall be laid, as soon as may be
after it is made, before the Legislative assembly w hile it is in session, for a
total period of not less than fourteen days which m ay 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 sessions afor esaid, the Assembly makes
any modification in the rule or decides that the ru le should not be made, the
rule shall thereafter have effect only in such modi fied form or be of no effect,
as the case may be, so, however, that any such modi fication or annulment
shall be without prejudice to the validity of anyth ing previously done under
that rule.
30. Repeal and savings.- The Himachal Pradesh Debt Reduction Act,
1953 as in force in the areas comprised in Himachal Pradesh immediately
before 1
st November, 1966, the Punjab Relief of Indebtedness A ct, 1934 and
the Punjab Debtors' Protection Act, 1936 (2 of 1936 ), in their application to
the territories added to Himachal Pradesh under sec tion 5 of the Punjab Re-
organisation Act, 1966 (31 of 1966), are hereby repealed:
Provided that anything done or any action taken, n otification issued or
rules made under the provisions of the Acts so repe aled to the extent of their
being consistent with the provisions of this Act sh all be deemed to have been
done or taken, issued or made in exercise of the po wers conferred by or under
this Act, as if this Act was in force on the day on which such thing was done,
action taken, notification issued or rules made.
____________
SCHEDULE
SCHEDULE OF COURT FEE PAYBLE ON PLAINT UNDER
SECTION 22
Rs.
If the principal amount of loan is less than Rs. 100 .. 5.00
If the principal amount of loan is not less than Rs. 100 .. 7.50
but less than Rs. 250
If the principal amount of loan is not less than Rs. 250 .. 15.00
but less than Rs. 500
If the principal amount is not less than Rs. 500 but less .. 30.00
Than Rs. 1,000.
If the principal amount of loan is Rs. 1,000 or above .. 50.00
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