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The Telangana Indebted Agriculturists, Landless Labourers and Artisans (Temporary Relief) Act, 1976.

Telangana · state statute
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THE 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. 

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