The Telangana Indebted Agriculturists, Landless Labourers and Artisans (Temporary Relief) Act, 1976.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA INDEBTED AGRICULTURISTS, LANDLESS
LABOURERS AND ARTISANS (TEMPORARY RELIEF) ACT, 1976.
(ACT NO. 24 of 1976)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent, application and
commencement.
2. Definitions.
3. Bar of suits and applications for recovery of debts.
4. Stay of proceedings.
5. Exclusion of time for limitation.
6. Prohibition of sale of pledges.
7. Effect of transfer of immovable property by debtor.
8. Penalty for contravention of section 6.
9. Act to override other laws, contracts, etc.
10. Power to make rules.
11. Repeal of Ordinance 8 of 1975.
THE TELANGANA INDEBTED AGRICULTURISTS,
LANDLESS LABOURERS AND ARTISANS (TEMPORARY
RELIEF) ACT, 1976.1
ACT No. 24 OF 1976.
1. (1) This Act may be called the 2Telangana Indebted
Agriculturists, Landless Labourers and Artisans (Temporary
Relief) Act, 1976.
(2) It extends to the whole of the State of 2Telangana.
(3) It shall apply in relation to the recov ery of all debts
due on the date of commencement of this Act from any
agriculturists, landless labourer or artisan, except the
following debts, namely:-
(i) rent or compensation for the use a nd occupation
of house property;
(ii) rent or compensation for the use and occupation
of i mmovable property (not being house property or
agricultural land) a ccrued due after the date of the
commencement of this Act;
(iii) any liability arising out of a breach of trust;
(iv) any liability in respect of maintenance;
1. The Andhra Pradesh Indebted Agriculturists, Landless Labourers and
Artisans (Temporary Relief ) Act, 1976 received the assent of the
President on 09.03.1976. The said Act in force in the combined State, as
on 02.06.2014, has been adapted to the State of Telanga na, under
section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central
Act 6 of 2014) vide. the Telangana Adaptation of Laws Order, 2016,
issued in G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Short title, extent,
application and
commencement.
2 [Act No.24 of 1976]
(v) any sum payable to the State or the Central
Government or to any local authority, whether by way of
revenue, tax, cess or loan or otherwise;
(vi) any sum payable to any co -operative society,
including a land mortgage bank, registered or deemed to be
registered under the 3Telangana Co-operative Societies Act,
1964, provided that the right of Society to recover the sum
did not arise by reason of any assignment made
subsequent to the commencement of this Act;
(vii) any sum payable to,-
(a) any charitable or religious institution or
endowment to which the provisions of the 4Andhra Pradesh
Charitable and Hindu Religious Institutions and
Endowments Act, 1966 applies;
(b) any wakf to which 5the Wakf Act, 1954 applies ;
whether by way of rent; either in c ash or kind, loan or other
dues;
(viii) any liability arising out of a breach of law relating
to payment of wages or remuneration;
(ix) any liability in respect of any sum due to,-
(A) a banking compa ny as defi ned in the Banking
Regulation Act, 1949;
(B) the State Bank of India constituted under the
State Bank of India Act, 1955;
3. Adapted by G.O.Ms.No.53, Agriculture and Cooperation (Coop -II)
Department, dated 20.05.2016.
4. See now t he provisions of the Telangana Charitable and Hindu
Religious Institutions and Endowments Act, 1987 (Act 30 of 1987).
5. See now the Wakf Act, 1995 (Central Act 43 of 1995).
Act 7 of 1964.
Act 17 of 1966.
Central Act 29 of 1954.
Central Act 10 of 1949
Central Act 23 of 1955
[Act No.24 of 1976] 3
(C) any subsidiary bank as defined in clause (k) of
section 2 of State Bank of India (Subsidiary Banks) Act,
1959;
(D) any corresponding new bank as de fined in
clause (d) of section 2 of the Banking Companies
(Acquisition and Transfer of Undertakings) Act, 1970;
(E) the Agricultural Refinance Corporation
constituted under the Agricultural Refinance Corporation
Act, 1963;
(F) any other financial institution notified by the
State Government in the 6Telangana Gazette.
(4) Sections 6 and 8 shall come into for ce at once and
the remaining provisions shall be deemed to have come into
force on the 26th August, 1975.
2. In this Act, unless the context otherwise requires –
(a) „agricultural land ‟ means land used for agriculture
or horticulture, not being land appurt enant to a residential
building;
(b) „agriculturist‟ means-
(i) in the case of persons other than the members of
Scheduled Tribes, a person who hold, and personally
cultivates agricultural land which doe s not exceed in extent
one hectare if it is wet or two hectares if it is dry;
(ii) in the case of members of Scheduled Tribes, a
person who holds and personally cultivates agr icultural land
6. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Definitions.
Central Act 38 of 1959
Central Act 5 of 1970
Central Act 10 of 1963
4 [Act No.24 of 1976]
which does not exceed in extent two he ctares, if it is wet, or
four hectares, if it is dry;
Explanation-I.- For the purposes of computing the
extent of land under thi s clause, one hectare of wet land
shall be equal to two hectares of dry land.
Explanation-II.- A person who was l iable to be
assessed to income t ax under the Income Tax Act, 1961 in
respect of his income in any two previous years within three
previous years immediately preceding t he date of
commencement of this Act shall not be de emed to be an
agriculturist.
For the purpose of this Explanation, the words
„previous year ‟ shall have the same meaning as that
assigned to them in section 3 of the Income Tax Act, 1961;
(c) „artisan‟ means a person who does not hold any
agricultural land and whose principal means of livelihood is
production or repair of traditional tools, implements and
other articles or things used for agriculture or purposes
ancillary thereto and includes a person w ho normally earns
his livelihood by practising a craft either by his own labour
or by the labour of the members of his family in the rural
area;
(d) „debt‟ means any sum of money which a person is
liable to pay under a contract (express or implied) for
consideration received being less than rupees one
thousand not secured by any charge on agricultural land or
other immovable propert y and includes rent in cash or kind
which a person is liable to pay or deliver in respect of the
lawful use and occupation of agricultural land accrued due
for the fasli year ending with the 30th June, 1975 or for any
previous fasli year but does not include „ khata‟ amount due
to village merchant for supply of provisions;
Central Act 43 of 1961
Central Act 43 of 1961
[Act No.24 of 1976] 5
Explanation.- For the purpose of this clause, „ rent‟ in
relation to agricultural land shall mean rent accrued due for
the fasli year ending with the 30th June, 1975 and for any
previous fasli year;
(e) „landless labourer ‟ means a person who do es not
hold any agricultural land and whose principal means of
livelihood i s the income derived from the wages for the
manual labour on agricultural land;
(f) pay with its grammatical variations includes deliver;
(g) „suit‟ or „application‟ does not incl ude an appeal
from a decree or or der passed in a suit or appl ication or an
application for revision or review.
3. (1) No suit for the recovery of a debt shall be instituted,
no application for the execution of a decree for payment of
money passed in a suit for the recovery of a debt shall be
made, and no suit or application for the eviction of a tenant
on the ground of non -payment of a debt shall be instituted
or made, against any agriculturist, landless labourer or
artisan, in any civil or revenue cour t before the expiry of a
year from the date of the commencement of this Act or such
further period not exceeding one year as the State
Government may, if they are satisfied that there are sufficient
grounds for doing so, by n otification in the Telangana
Gazette, specify, in this behalf, so however that the
aggregate period including the further period so specified
shall not exceed two years.
Explanation.- Suit does not include a claim to a set off
made in a suit instituted by an agriculturist, landless
labourer or artisan.
(2) Where a debt is payable by an agriculturist ,
landless labourer or artisan jointly or jointly and severally
Bar of suits and
applications for
recovery of debts.
6 [Act No.24 of 1976]
with a person who is not an agriculturist, landless labourer
or artisan, no suit or application of the nature mentioned in
this section shall be instituted or made either against the
said person or against the agriculturist, landless labourer or
artisan, as the case may be, before the expiry of the period
mentioned in this section.
(3) A suit shall be deemed to be a suit for the recovery
of a debt notwithstanding that other, reliefs are prayed for in
such suit, and a decree, shall be deemed to be a decree for
payment of money passed in such suit notwithstanding that
other reliefs are granted, by such decree:
Provided that a suit for possession of land shall not be
deemed to be a suit for recovery of a debt by reason merely
of mesne profits being also prayed for in such suit.
4. (1) All further proceedings in suits and applications of
the nature mentioned in section 3 in which relief is claimed
against an agriculturist, l andless labourer or artisan not ,
being proceedings for the amendment of pleading or for the
addition, substitution, or the striking off of parties, but
otherwise inclusive of proceedings consequent on orders or
decrees made in appeals, revision petitions, or applications
for review, shall subject to the provisions of sub-section (2)
stand stayed until the expiry of a year from the date of the
commencement of the Act or such fur ther period not
exceeding one year as the State Government may if they are
satisfied that there are sufficient grounds for doing so, by
notification in the 7Telangana Gazette, specify in this b ehalf,
so however, that the aggregate period including the furt her
period so specified shall not exceed two years:
Provided that, in regard to property under attachmen t,
the court may pass such orders as it deem s necessary for
7. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Stay of
proceedings.
[Act No.24 of 1976] 7
the custody or preservation of the property or for the sale of
such property if it is subject to speedy or natural decay, or, if
in respect of it, the expenses of custody or preserva tion are
considered excessive.
(2) On an application made by the defendant or the
respondent or by all the defendants or all the respondents,
as the ca se may be, the stay of all further proceedings in
suit or application, effected by sub -section ( 1) shall be
dissolved and the suit or application shall be proceeded
with from the stage which had been reached when further
proceedings in the suit or the application were stayed.
5. In computing the pe riod of limitation or limit of t ime
prescribed for a suit for the recovery of a debt or an
application for the execution of a decree p assed in such
suit, the time during which the inst itution of the suit or the
making of the application was barred by section 3 or duri ng
which the plaintiff or his pr edecessor-in-title, believing in
good f aith th at section 3 applied to such suit or such
application, refrained from instituting the suit or making the
application, shall be excluded.
Explanation.-The expression “good faith” shall have the
meaning assign ed to it in section 3 (22) of the General
Clauses Act, 1897.
6. Notwithstanding anything in the 8Andhra Pradesh
(Andhra Area) Pawn Brokers Act, 1943 or the Telangana
Money Lenders Act, 1349F no pawn-broker or money lender
shall dispose of by sale any pledge for the realisation of any
debt advanced by him to an agriculturist, lan dless labourer
or artisan and a ny such sale eff ected after t he
commencement of this Act, shall be null and void.
8. The Act has been repealed by Act No.6 of 2002.
Exclusion of time
for limitation.
Central Act X of 1897.
Act XXIII of 1943.
Act V of 1349F.
Prohibition of sale
of pledges.
8 [Act No.24 of 1976]
7. Every transfer of immovable property by a debtor
entitled to the benefit of section 3 or section 4 m ade after
the date of the commencemen t of this Act and before the
expiry of the period specified in or under section 3 or
section 4 as the case may be shall, in any suit or other
proceeding, with respect to such transfer, be presumed,
until the contrary is proved, to have been made with intent to
defeat or delay the creditors of the transferor.
8. (1) Any pawn broker or money lender who contravenes
the provisions of section 6 shall, on conviction, be punished
with impri sonment for a term which may extend to six
months or with fine whic h may extend to one thousand
rupee, or with both.
(2) An offence punishable under this section shall be
cognizable.
9. The provisions of this Act shall have effect
notwithstanding anything, inconsistent therewith contained
in the Andhra Pradesh (Andhra Area) Tenants and Ryots
Protection Act, 1949 or in the Code of Civil Procedure, 1908
or in any other law for the tim e being in force, or any
custom, usage or contract, or decree or order of a court or
other authority.
10. (1) The S tate Government m ay, by notification in the
9Telangana Gazette, make rules for carrying out all or any of
the purposes of this Act.
(2) Every rule made und er this Act, shall immediately,
after it is m ade, be laid before each House of the State
Legislature 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
9. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Effect of transfer
of immovable
property by
debtor.
Penalty for
contravention of
section 6.
Act to override
other laws,
contracts, etc.
Act XIV of 1949
Central Act 5 of 1908
Power to make
rules.
[Act No.24 of 1976] 9
successive sessions and if, before the expiration of the
session in which it is so laid or the session imm ediately
following, both Houses agree in making any mo dification in
the rule or in the annulment of the rule, the rule shall from
the date on which the modification or a nnulment is notified
in the 10Telangana Gazette have effect only in such modified
form or shal l stand annulled, as the case may be, so
however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done
under that rule.
11. The Andhra Pradesh Indebted Agriculturists, Landless
Labourers and Artisans (Temporary Relief) Ordinance, 1975,
is hereby repealed.
* * *
10. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Repeal of
ordinance 8 of
1975.
Lex