LexThe rajasthan affected areas (suspension of proceedings) act, 1952
Rajasthan · state statute
Open in Lexace · Ask the AI about this actThe Rajasthan 1[Affected Areas] (Suspension of Proceedings)
Act, 1952
(Act No. XXI of 1952)
(Received the assent of the President on the 10th day of June, 1952)
An Act to provide for the suspension of certain proceedings in 2[area
affected with famine or scarcity.]
BE it enacted by the Rajasthan State Legislature as follows:-
1. Short title and extent. - (1) This Act may be called the Rajasthan
1[Affected area] (Suspension of Proceedings) Act, 1952.
(2) 3[It extends to the whole of the State of Rajasthan].
2. Interpretation. - (1) In this Act unless the context otherwise requires:-
(a) "agriculturists" means a person who by himself or by his servants or
tenants earns his livelihood wholly or principally by agriculture or
by cattle breeding within the limits of 4[the State of Rajasthan].
Explanation I. - A person who temporarily ceases to earn his livelihood by
agriculture, or cattle breeding or who is prevented from so ear n-
ing his livelihood by reason of old age or bodily infirmity or
necessary absence on account of service in the Armed For -
ces of the Union does not cease to be an agriculturist within
the meaning of this de finition, but a mortgagee of lands in
the occupation of an agriculturist, is not an agriculturist.
Explanation II. - In the case of co -owners or co -tenants or members of a joint
family, such of them only as ordinarily engage themselves
personally in agriculture or cattle breeding shall be deemed to
be agriculturists within the meaning of this definition, provi -
ded that in the case of a joint family, the famil y as a whole
and not the individual members thereof not so engaging
themselves, shall also be regarded as an agriculturist.
(b) "court" means a civil or a revenue court;
(c) 3[affected area means any area affected with famine or scarcity]] in
respect of which a declaration has been made under section 3 and is
subsisting;
1. Substituted by section 2 of Rajasthan Act No. VIII of 1953, published in Rajasthan
Gazette, No. 212, dated 23-3-1953.
2. Substituted by section 3 – ibid.
3. Substituted by section 4 – ibid.
For statement of Object and Reasons see Rajasthan Gazette, Part III, No. 20, dated
22-4-1952.
4. Substituted by section 4 of Rajasthan Act, No, 27 of 1957, Published in the
Rajasthan Gazette, Part IV-A, Extraordinary, dated 13-8-1957.
5. Substituted by item No. 18 of the Schedule – ibid.
This Act now extends to the whole of the State of Rajasthan including the Ajmer, Abu
and Sunel areas with effect from 1 -9-1957 i.e. the date of enforcement of the Rajasthan
Act No. 27 of 1957.
THE RAJASTHAN AFFECTED AREAS (SUSPENSION OF PROCEEDINGS)
ACT, 1952
(d) "Notification" means notification published in the Rajasthan Gazette.
(e) " Prescribed period" means the p eriod fixed under section 4 and inc -
ludes every extension thereof;
(f) " Proceeding" means any proceeding in a court started on a plaint, peti -
tion- of appeal. Application or otherwise;
(g) 4[ X X X]
(2) 4[ X X X]
3. Power t o declare famine affected areas: - The State Government may
by notification declare any area or areas to be affected with famine 1[or
scarcity] and thereupon the provisions of this Act shall apply to such area or
areas for the period fixed under section 4.
4. Power to fix prescribed period. - (1) Upon the issue of a notification
under section 3 in respect of any area, the State Government shall by the same
or another notification fix the period for which the provisions contained in
Sections 5 to 1 0 shall remain in force in such area, and may likewise extend from
time to time, the period so fixed.
(2) On the termination of the prescribed period for any area, the decla -
ration in respect thereof made under section 3, shall be deemed to be dischar -
ged and such area shall cease to be 2[an affected area.]
5. Stay of certain proceedings . - (1) All proceedings in execution
of any decree for money, all proceedings for making final any preliminary
decree for foreclosure or sale in enforcement of a mortgage and all proceedings
in execution of any final decree for foreclosure of sale in enforcement of a mor -
tgage passed by any Court in any [X X X] affected area on the basis of any
liability incurred before the issue of a notification under section 3 in respect
of that area, in which the judgment -debtor or one of the judgment -debtors is
an agriculturist, shall be stayed during the prescribed period.
(2) Where proceedings in execution of any decree have been stayed
under sub -section (1), all attachments of growing crops, agricultural produce
live stock and other movable property of a perishable nature made in execu -
tion of such decree and subsisting on the date on which the stay order i s passed
shall be deemed to be withdrawn.
(3) All proceedings under the Provincial Insolvency Act, 1920 (V of
1920), against an agriculturist pending in any court in 1[an affected area] on
the date of the iss ue of a notification under section 3 in respect of that area
shall be stayed during the prescribed period.
1. Inserted by section 5 of Rajasthan Act No. VIII of 1953, published in Rajasthan
Gazette No. 213 dated, 23-3-1953.
2. Substituted by section 6-ibid.
3. Deleted by section 7 (a)-ibid.
4. Omitted by item No. 18 of the Schedule of the Rajasthan Act No. 27 of 1957, public-
shed in Rajasthan Gazette, Part IV-A, Extraordinary, dated 13-8-1957.
THE RAJASTHAN AFFECTED AREAS (SUSPENSION OF PROCEEDINGS)
ACT, 1952
(4) All suits for money and for for eclosure or sale in enforcement of a
mortgage against an agriculturist, and all appeals fro m decrees or orders
passed in such suits, pending in any court, in 1[an affected area] on the date
of the issue of a notification under section 3 in respect of that area; shall
be stayed during the prescribed period.
6. Instalment decrees. - Where any decree referred to in sub -section (1) of
section 5 is payable by instalments and any instalment payable thereunder falls
due within the prescribed period in 2[an affected area] then, notwithstanding
anything contained in such decree-
(i) Failure to pay such instalment on the du e date shall not be deemed
to be a default,
(ii) No instalment shall be deemed to have fallen due during the prescribed
period,
(iii) the unpaid instalments shall be payable after the expiry of the prescribed
period on the same dates and with the same intervals as are provided
in the decree, and
(iv) The decree shall be deemed to have been amended accordingly.
7. Institution of certain proceedings suspended. - (1) No suit for money
and no suit for foreclosure or sale in enforcement of a mortgage against an
agriculturist nor any appeal from any decree or order passed in any such suit,
shall be instituted during the prescribed period in any Court in 2[an affected area].
(2) No application for execution of any decree referred to in sub -section
(1) of section 5 or for making final any pre liminary decree for foreclosure or
sale referred to therein, shall be entertained by any Court in 1[an affected area]
during the prescribed period.
8. Computation of the period of limitation. - (1) The prescribed period
shall be excluded in computing the period of limitation prescribed by the Indian
Limitation Act, 1908 (IX of 1908), or any other law for the time being in force
for suits, appeals and applications referred to in section 7.
(2) In computing the period of twelve years prescribed in section 48 of
the Code of Civil Procedure, 1908 (V of 1908), for an application for execu -
tion of any decree referred to in sub -section (1) of section 5 or in sub -section
(2) of section 7, the prescribed period shall be excluded.
9. Restrictions on transfer. - Every transfer of immovable property or of
any interest therein made by an agriculturist in 2[an affected area] who is a
judgment-debtor of any decree referred to in sub -section (1) of section 5, du -
ring the prescribed period, shall be void as against the holder of such decree.
1. Substituted by section 7 (b) of Rajasthan Act No, VIII of 1953, published
in the Rajasthan Gazette, No. 213, dated 23-3-1953.
2. Substituted by section 8-ibid.
THE RAJASTHAN AFFECTED AREAS (SUSPENSION OF PROCEEDINGS)
ACT, 1952
10. Payment of certain decrees. - Nothing contained in this Act, shall:-
(a) Prevent any decree holder from accepting any payment under a decree
or making any adjustment thereof voluntarily made by the judgment
debtor,
(b) apply to decree for money arising out of claims relating to trusts
or for maintenance or for profits in favour of a co -tenant or a co -
owner or for damages for tort or for contribution between co -
tenants of agricultural land, or
(c) apply to a mortgage decree sought to be executed by the sale of the
mortgage property in the hands of a subsequent transferee who has
taken the transfer subject to the mortgage on the basis of which such
decree has been obtained.