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The Telangana Agricultural Indebtedness (Relief) Act, 1987.

Telangana · state statute
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THE 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Repealed by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.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. 
 
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