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CHAPTER I
Preliminary
I.
2.
Definitions.
CHAPTER I1
Discharge of debt and consequences thereof
3.
CHAPTER I11
4.
Moratorium.
CHAPTER IV
Procedure for settlement of debts
Esrablishn~ento f Tribunal.
Application for settlemenr of debt.
Assignee from non-debror not entirlcd to benefit of this Act.
Application for recording settlemenr.
Setrlement during pendency of proceedi ngs before Tribunal.
Consolidation of applicalions.
Service of notice on debtors and creditors to submit statement or debts.
Debts in respect of which no application for settlement is made to be void.
Duties of debtors and crcditors.
Powers of Tribunal to effect settlc~nentand to decide disputes as to existence or
amount of debt or assets.
Mzlxin~unlamount allowable in sertlen~entof a debt and powers oP Tribunal in
respcct thereof.
Appeal Prom order of Tribunal.
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17.
18.
Revision.
Settlement outside this Acr to bc void.
CHAFTER V
MiscelIaneous
Tribunal to have certain powers of Civil Court.
The order of a Tribunal subject to appeal and revision shall have the effect of a
decree of a Civil Court.
Jurisdiction of Civil Courts barred.
Stay of pending suits or othcr proceedings and their disposal.
Penalty for molestation.
General provision regarding penal ties.
Certain offence to be cognizable.
Protection of action taken in good faith.
Period of limitation.
Remission of interest.
Power to make rules.
Repeal and savings.
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AN
ACT
Bc i t enacted by 111eLegislative Assembly of Tripura in !he Tweniysixty Ycar of the Repi~blicof India as follows :
CHAPTER I
Preliminary
I.
( I)
This Act may bc csll led the TripulnaAgriculture Debtors Relief Short
Act, 1975.
(2)
litlcand
cdcnt and
conmcncement.
(3) It shall be deenicd to have conle inro force on and iiom the
scvcnteentl~day of Septernbcr, 1975.
2.
(b)
(c)
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(a)
;ISa n
arreal- of
rcvcnuc ; nr
"dcbtol-"Itleans i ~ t individual
l
or an undivided Hindu frullily who is indebled and belongs to any of the following
categories, namely -
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(i)
marginal farmer,
(ii)
small farmer,
share-cropper,
landlcss labourer, and
rural artisan ;
"Car~nel-"mcans il persun who is engaged in agriculture ;
"share croppcr" n~eansa person who under the system generally known us adhi ; barga ; bhag or any other rerm culrivatcs the land of any person on cnndilion of clelivering a
sharc of the produce of such land to that person ;
"small farnmr'l-"
in I-elationto a person not belonging to Schedulcd Tribe means n farmer who owns land measuring more
than one hectare bur less than two hectares and in relation
to a person belonging to Scheduled Tribe means a farmer
who owns land measuring morc two hecrares but than four
hectares ;
"Oft'icii~lGazelte" means thc Tripura Gazette ;
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CHAPTER n
Discharge of debt and consequence thereof
Discl~argc
oldcbt and
cunscqucnces
Ihereab
Notwirhstanding anything conraincd in any orller law for the time bcing in force o r any contract or other instrument l~avingforce by virlue of any
s u c h law, and save as orherwisc cxprcssly provided in this Act, [he consequences as hercinaficr sct fort11shall, wilh efCec~from the date of comrncnccmcnt of this Act, namely -
3.
(a)
(b)
(c)
no civil court sh;~llentertain any suit, appcal, or procccding against ir deblor for [he recovcry of any amount ot'sucl~
debt including interest if any :
PI-ovided that nothing in this clause shall apply lo a sale which has
bcen confirmed before the commencement or h i s Acl ;
(e)
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(f)
cvcry property pledgcd by a debtor shall, on the commeIlceinent of this Act. stand released in iavour of such debror,
and the CI-editorshall be bound to return chc same to the
deblor forthwith.
CHAPTER In
Moratorium
4.
(1) Notwithstanding any thing contained in any other law for the time
being in force or in any contract other instrument having force by virh~cof
any such law, every debt due from any debtor including the amount nr interest, if any, payable on such deb[, shall not be recoverable iron1 him or from
any movable or irnmovablk properly belonging to him, nor shall any such
propcrty bc liable to be attached 01-sold or be procecdcd against in any manncr i n thc cxccutio~iof any dccrcc or order relating to such dcbt, for a pcriod
of onc yew from the cornrncnccmcnt of this Act.
~~4)rd~~)~"~ll.
E x p l a r ~ a t i o- ~ ~ For rhe purpose of this secrion rhe word "debr" does not
include the mortgage money rhe payment of which is secured by the
usufructuary mortgage of immovable property.
CHAPTER IV
Procedure for settlement of debls.
5.
The State Government may, by notification in the Official Gazctte, Establishmcnl
establish for any area specified lherein a Tribunal consisting of a solc ~ncm- of'lkibunal.
ber who shall be a revenue officer not below the rank or Cir-cleOfficer having jurisdicrion over that area.
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6.
(1) A debtor or his creditor may make an applicnt ion for the settleof ment of his debts to the Tribunal established for an area in which he ordinarily resides, within such time as may be prescribed by the Government.
Applimliorfor
d&L
(3)
nan~cly:--
(a)
(b)
[he amount and particulars of all debts with the name and
address of the creditor or debtors, as the case may bc ;
(c)
(e)
Lhe number and year of the suit 01- proceeding with thc nanne
or [ h e c i v i l court, if such suit o r proceeding is pcnding
before that Civil court i n respect or debcs enumerated in
the application.
7.
No applicariou shall lie under section 6 for settlement of any debt due
Prom EI dcbtol- to whom such dcbt has been transferred or assigned by any
enlilldto
bcnefil of this person who is not himself a debtor.
Assigncerrorn
nondcbtor no1
Act.
8.
If any debror and any or all of his creditors, before thc making of
( 1)
f~rrcurrrding any application under section 6 arrive at a settlement in respect o f any deb1
sctllcmcnl.
due by the debtor ro the creditor, the deblor or any of the creditors may,
within thirty days from the datc of such sectlcment, n u k e an application to
the Tribunal for recording such settlement .
Applic-dtinn
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(4) After the Tribunal has rccorded and ccrtif'ied a settlement under
sub-seclion (31, the Tribunal shall call upon the debtor to makc a deciararion
whether there are any other debrs due by the debtor which are not included in
thc scrdcmcnt. If the debtor makes a declara~ionthat there are no sucli dcbts,
thc Tribunal sliall pass orders in [ems of such se~rlement.
II the Tribunal is satisfied, after recording such selilement, that
(here are other debts due horn the debtor which arc not included i n the settlement, the Tribunal shall treat the application made under sub-scction (1) as
ill1 npplicatiorl for scttlernent of debrs under secrion 6.
(5)
9.
Nolwirhslanding anything con tai ncd in the procccdi ng sections, if dur- Seitlerncnt
ing the pendency of pinoceedingsbcforc the Tribunal or the Appella~e~ ~ ~ " , c y
Autho~~ity,
ns the case may be, a settlemcnt is arrived at bctween a deblor and proceedings
all his creditors and ii'che Tribunal or the Appcllatc Aurhority, as the case berOre
lhbunal.
may be, is satislied lllat the settlement Irns bccn madc by thc dcbtor voluntarily and is for his benefit, such Tribunal or Appellate Authority, as the case
niay bc, nay pass orders in terms or such sertlement.
10. Where Lwo or more applications for settlement of debts under section
6 are p~~esented
by or against samc debtor, all such applications shall be consolidated. Where such scparatc applications are presented by or against joint
debtors, all such applications shall be heard together.
11.
u l
Consolidalion
"pl'Uc"tions.
Scrvice uf
notice on
debtorsand
(a)
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(b)
requiring the debror and all crcditors lo submit- a statement in the prescribed
form wilhin one month from the dale of the scrvjcc of the nolice or affixation
oi the notice on thc Noticc board whichcvcr is later :
Provided thal iC the Tribunal is snrisfied that the dcbtor or he crerli~oc
is for good and sufficient cause unable to comply with the norice within the
lime specified therein, i t rnay extend the period for rhe submission o f the
statement.
Debkin re-
which nu
application
lur
is
lnade to bc
nieni
void
Duliesof
dcYomand
crcditnrs.
12. Every deb1 clue horn a debtor in respcct of which no applicalion has
been made under section 6 within [he rime prescribed under-thesaid section
6 or in respect of which no applicarion for recordir~ga settlement is made
under section 8 within the period specified in the said section 8 and every
deb[ due Crom such debtor in respect of which a slatemeilr is not subrnittcd to
the Tribunal by thc CI-cditorin compliance with the provisions of scction 11,
shall bc cxtinguished.
13.
(1)
Every debtor by or against whom an applicarion is made under
sectiun 6 or who is a party to an application made mder section 8 shall pmduce all documents iricluding books of accounts, submit lo such examination
in respecr of his property and his creditors, and attend at such time before he
Tribunal as may be ~~cquired
by the Tribunal.
(2) It shall be the duly of every creditor to produce such documents
including books of accounts, tn submit to such examinalion and to supply
such information in respect of the debt due to him by the debtor ;md the
securities held by him as may be requircd by the Tribunal.
Polversof
lkibunalLo
14. (1) The Tribunal shall tix a datc for hearing of the application under
section 6 on the dale so fixed shall call upon the applicant and all his credi-
elTecl
tors or debtors, as the case may be, to explain their respective cases regarding each deb1 and shall use its best endeavour to include thcrn to arrive a1 an
disputesas
amicable settlerncn~,and in such settlenlent is arrivcd at, the tribunal may
to exislencc ur
mounlurdrbt pass orders in tcrnls of such settlement.
setllemenl
andlodecide
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Provided that a decree of a Civil Court relating to il debt shall be conclusive evidence as to the existence and amount of debt.
15. (1) In making settlen~entof debts by the Tribunal, no n-editorshall Mfimum
be allowcd a greatcr amount in satisfaction of both thc principal and interest mOunL
allowable in
of adebt than twice the amount of the principal and accordingly selllemen t of
a debland
(i)
(ii)
Illustration.
(1) A has borrowed n sum of Rs.1001- which with interest has
accurnulaled to Rs.1501-.If A has repaid Rs. 1201- he is liable to repay only
Rs. 301-.
(b)
lfAhasrepaidRs.1601-heisliabletorepayonlyRs.40/for redemption.
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(2) No creditor shalt be allowed a higher rate of interest than thc agreed
rate of interest or rhe rate of interest as may be fixed by the State Government
under seclion 25 of the Bombay Money Lenders Act, 1946, as extended to
the State of Tripurn, whichever is less.
Appeal from
wdetor
ll-ibunal.
16. (1) Any person aggrieved by any order of the Tribunal under subsections (3) and (4) of section 8 , 9 , 14 or 15, may within thirty days from the
date of the order, appeal to the District Collecior :
Provided 1hal no appeal shall lie against any order of [he Tribunal if the
amount o l the claim is lcss than rupees one thousands or such othcr surn as
may be specified in that behalf by the State Government by a notification in
the Official Gazette.
(2)
nal where no appcal is filed and the decision of the District Collector where
an appeal is filed, shall be final and shall not be questioned in any court of
law.
Revision.
17. The Revenue Commissioner may within three months from the date of
the order passed under this Act either suo moto or an application, call for and
examine the record of any proceeding relating to such order for the purpose
of satisfying himselFas to the legality or propriety of the order and may pass
such order thereon as he thinks fit.
Settlement
this
Act to be
void.
18.
CHAPTER V
Miscellaneous
l'ribunal to
have ccrlain
Po
or
Civil Court.
19. Every Tribunal shall have for thc purposes of [his Act, a11 the powers
of a Civil courl while trying a suit under thc Code of Civil Procedure, 1908 in
relation to the following mactcn, namely (a)
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(b)
(c)
(d)
(e)
(f)
inspection of property.
20. Every order of the Tribunal recording settlement of debt under secordcrofa
tions 8, 9, 14 or 15 subject to appeal and revision, shall be deemed to be a Tribunalsubjecl
lo appeal and
decree within the meaning of clause (2) of section 2 of the Code of Civil
Procedure, 1908 and may be pur to execution if necessary, througl~a Civil have Lhe effect
or a dccree or a
court of competent jurisdic~ion.
Civil Court.
2 1.
No Civil court shall entertain any suit or proceeding against a debtor Jurisdiction of
for the recovery of debt within thc rncaning of this Act or any portion thcreof Civil Courts
b a d
or any interest due thereon after the commencement of this Act.
22. (1 ) 1f the T1.ibunal on receipt of the application under section 6 or 8
finds that a suit or proceeding is pending before a Civil court in inespeclof
such debts as enumerated in application under section 6 or 8, il shall send
intimation of such application lo such Civil court.
(2)
Stay of pending
suils or other
prweedinks
and their
disposaI.
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23. (1) Wl~ocvcl-molests, or abets the molcstntion of, a dcbtor for thc
nll)'cstation. r-ccovcry of a debt by him to a creditor shilll, on conviction. be punishable
wit11 imprison men^ or eirher description which may exrend to one year or
will1 fine ~ v h i c hmay extcnd to rupees two thousand or wirh both.
I'cnalty for
Explniratioil - For rhe purposes of this section a person who, with inlent to
cause nnolhel-personto abstain from doit~sany X Lwhich he has a righl to do or to
do any act which he has a righr to abstain iron1 doing-(;I)
(b)
(c)
toi rers near a house 01-other place where such or her person
resides 01- works, or carries on business or happens to bc,
or-does any act calculated to annoy or intimidate such other
person, shall-bc deemed LO molest such other person :
Provided that a persvn who goes to such house or place in order merely
to obtain 01- communiuare information shall not be deemed to rnolesl.
~cncrdl
pmvisiun
regarding
penallics.
Ccrlain
Notwithstanding anything contained in the Code of Criminal Proce1973, offences punishable under this Act or any rule made thereunder
shall be cogniz;~ble.
25.
oftcncctobc durc,
cognim hlc.
26. N o suit, prosecution or other lcgal proceeding shall lie against the
Government, any oilicer of the Government, a Tribunal or the District
Collector or Ihe Revenue Co~nrnissionerior anything which is in good Faith
done or intended to be done in pursuance of this Act or any rule made thereunder.
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27.
Period of
limitation.
28. A dcbtor shall not be liable to pay intercst upon any loan during the
period for which no suit, appeal, or proceeding could be instituted or application made for recovery of thc loan or for execulion of a decree in relation
tlicrc to or for which a suit, appeal, application or proceeding for recovery of
Remission
Lo
make rules.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for (a)
(b)
(c)
(d)
(e)
(F)
(g)
(h)
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(i)
(3) Every rulc made by the State Government under this Act shall be
laid, as soon as may be afier i t is made, before the State Legislative Assembly, whilc i t is in session, for a tola! period of iourtccn days which may be
comprised in one session 01- in rwo or more successive sessions, and ifi hefore the expiry of thc scssion in which it is so laid or the session irnmcdiately
following, [he Legislative Assembly makes any modification i n thc rule by
way of amendrncnt or repeal. thc rule shall chcreafter have efect only in such
modificd form or be of no cffcct, as the case may be ; so, howcver, rhat any
such modification or I-epcalshall be withour prejudice to dle vatidity of anything previously d o ~ under
c
ihat rulc.
Kcpcal and
savings
Ordinance
No.20f 1975.
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