The Telangana Agricultural Indebtedness (Relief) Act, 1987.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA AGRICULTURAL INDEBTEDNESS (RELIEF)
ACT, 1987.
(ACT NO. 45 OF 1987)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent and commencement.
2. Declaration.
3. Discharge of debts incurred on or after 29th
December, 1976.
4. Application of the Telangana Agricultural Indebtedness
(Relief) Act, 1977.
5. Power to make rules.
THE TELANGANA AGRICULTURAL INDEBTEDNESS
(RELIEF) ACT, 1987.1
ACT No. 45 OF 1987.
1. (1) This Act may be called the 2Telangana Agricultural
Indebtedness (Relief) Act, 1987.
(2) It extends to the whole of the State of 2Telangana.
(3) It shall come into force on such date as the State
Government may, by notification in the 2Telangana Gazette,
appoint.
2. It is hereby declared that this Act, is for giving effect to
the policy of the State towards securing the principles
specified in article 46 of the Constitution.
3. (1) Notwithstanding anything in the Andhra Pradesh
(Andhra Area) Agriculturists Relief Act, 1938, the 3Telangana
Money Lenders Act, 1349 F., the Andhra Pradesh (Andhra
Area) Pawn-brokers Act, 1943, the 4Andhra Pradesh
(Telangana Area) Agricultural Debtors’ Relief Act, 1956, 2the
Telangana (Scheduled Area) Money Lenders Regulation,
1960, the 2Telangana Indebted Agriculturists, Landless
Labourers and Artisans (Temporary Relief) Act, 1976 or any
law for the time being in force, or any contract or other
1.The Andhra Pradesh Agricultural Indebtedness (Relief) Act, 1987
received the assent of the President on the 23rd November, 1987. The
said Act in force in the combined State, as on 02.06.2014, has been
adapted to the State of Telangana, under section 101 of the And hra
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.
3. Substituted by the Telangana Adaptation of Laws (No.2) Order, 2016,
issued in G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
4.Repealed by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
Declaration.
Short title, extent
and
commencement.
Discharge of
debts incurred on
or after 29th
December, 1976.
Act 4 of 1938.
Regulation 1 of 1960.
Act 23 of 1943.
Act 16 of 1956.
Act 5 of 1349 F.
2 [Act No. 45 of 1987]
instrument hav ing the force of law with effect on and from
the commencement of this Act, every debt borrowed or
incurred during the period between the 29th December,
1976 and 5[the 31st May, 1989 ] including interest, if any,
owing to any creditor by an agricultural labourer, a r ural
artisan or a sma ll farmer shall be deemed to be wholly
discharged.
(2) (a) No Civil Court shall entertain any suit or other
proceeding against the debtor for the recovery of any
amount of the debt, including interest, if any, which is
deemed to be discharged under sub-section (1):
Provided that where any suit o r other pro ceeding is
instituted jointly again st the deb tor and any other person,
nothing in this sub -section shall apply to the maintainability
of such suit or proc eeding in so far as it relates to such
other person.
(b) All suits and other proceedings including appeals ,
revisions, attachments o r execution procceeding pending
5[as on the 31 st May, 1989 ,] against any debtor for the
recovery of any such debt, including interest, if any, shall
abate:
Provided that nothing in this clause shall apply to the
sale, in respect of any such debt of—
(i) any movable property held and concluded
before commencement of this Act;
(ii) any immovable property, confirmed before such
commencement.
5. Substituted by Act No.2 of 1990.
Act 24 of 1976.
[Act No. 45 of 1987] 3
(c) Every debtor undergoing detention in a civil prison
in execution of any decree for money passed against him by
a Civil Court in respect of any sucn debt, including interest if
any, shall be released.
(3) (a) E very movable property pledged by a debtor
whose debt is deemed to b e discharged under s ub-section
(1), shall stand released, in favour of such debtor and the
creditor shall be bound to deliver the same to the debtor
forthwith.
(b) Every mortgage execute d by such debtor i n
favour of the creditor s hall stand red eemed and the
mortgaged property shall be released in favour of such
debtor.
Explanation: Nothing in this section shall be construed
as entitling any debtor for refund of any part of any debt
repaid or interest paid already by him or recovered from him
before, such commencement.
4. (1) All the provisions of 6the Telangana Agricultural
Indebtedness (Relief) Act, 1977 (hereinafter in this section
called “the said Act ”) except section 4 shall apply mutatis
mutandis to the debts including interest, if any, which are
deemed to be discharged under section 3 (hereinafter
called the “said debts”) as they apply in relation to the debts
referred to in the said Act; and all the provisions of the said
Act s hall, be read and construed as if the said provi sions
had been included and enacted in this Act.
(2) For the purpose of facilitating the application of 6the
Telangana Agricultural Indebtedness (Relief) Act, 1977, to
the said debts, the State Government may, by notification in
6. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Application of the
Telangana
Agricultural
Indebtedness
(Relief) Act, 1977.
Act 7 of 1977.
4 [Act No. 45 of 1987]
the 7Telangana Gazette, make such adaptations and
modifications of the said Act and the rules made thereunder,
whether by way of repealing, amend ing or suspending any
provision thereof as may be necessary or expedient and
thereupon the said Act and the rules made thereunder shall
apply to the said debts subject to the adaptations and
modifications so made.
(3) Notwithstanding that no provision or insufficient
provision has been made under su b-section (2) for the
adaptation of the provisions of the said Act, or the rules
made thereunder, any court, tribunal or authority required or
empowered to enforce those provisions may, for the
purpose of facil itating their app lication to the said debts,
construe those provisions in such manner, without affecting
the substance as may be necessary or proper in regard to
the matter before the court, tribunal or authority.
5. The State Government may, by notificat ion in the
7Telangana Gazette, make rules for carrying out all or any of
the purposes of this Act.
(2) Every rule made under this Act, shall, immediately
after it is made, be laid before the Legislature of the State if it
is in session and if it is not in ses sion in the session
immediately following for a total period of fourte en d ays
which may be com prised in one session or in two
successive sessions, an d if, before the expiration of the
session in which it is so lai d or the session i mmediately
following, the Legislature agrees in making any m odification
in the rule or in the annulment of the rule, the rule shall from
the date on which the modification or annul ment is notified ,
have effect only in such modified form or shall stand
annulled as the case may be, so however, that any such
7. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Power to make
rules.
[Act No. 45 of 1987] 5
modification or annulment shall be without prejudice to the
validity of any thing previously done under that rule.
* * *
Lex