The Tamil Nadu Indebted Agriculturists and Indebted Persons (Special Provisions) Act, 1976

The Tamil Nadu Indebted Agriculturists and Indebted Persons (Special Provisions) Act, 1976 Act 17 of 1976 Keyword(s): Agriculturist, Debt, Indebted Person, Interest DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. 1996 : President's Act 171 Indebted Agriculturists 554 and Indebted Persons (Special Provisions), PRESIDENT'S ACT NO, 17 OF 1976." THE TAMIL NADU INDEBTED AGRICULTURISTS AND INDEBTED PERSONS (SPECIAL PROVISIONS) ACT, 1976. [Received the assent of the President on the 16!h April 1976, first published in the Tamil Nadu Government Gazit'e Extraordinary on the 17th April 1976 (Chithirai 5 (Nala, 2007-Tiruvall~ivar Anndu)).l Enacted by the President in the Twenty-seventh Year of the Republic of India. An Act to make certain special provisions in respect of certain indebted agriculturists and certain indebted persons in the State of Tamil Nadu. In exercise of the powers conferred by section 3 of the Tamil Nadu State Legislature (Delegation of Powers) Act, 1976 (41 of 1976), the President is pleased to enact as follows :- 1. (lj This Act may be called the Tamil Nadu shorttitle Indebted Agriculturists and Indebted Persons (Special andextent. Provisions) Act, 1976. (2) It extends to the whole of the State of Tamil Nadu. 2. In this Act, unless the context otherwise Definitions. requires,- (a) " agriculturist means an agriculturist as " defined in clause (b) of section 2 of the Tamil Nadu Indebted Agriculturists (Temporary Relief) Act, 1976; (b) debt means,- " " (i) in relation to an agriculturist, a debt as defined in clause (c) of section 2 of the Tamil Nadu Indebted ' Agriculturists (Temporary Relief) Act, 1976. (ii) in relation to an indebted person, a debt as defined in clause (1) sf section 2 of the Tamil Nadu Indebted Persons (Temporary Relief) Act, 1976, but shall not include +For Reasons for the enactment, see Tamil Nadu Cove- Gazette Extraordinary, dated the 17th April 1976, Part IV-s&ion 2, Pages 165-166. 4 $38 Indebted Agriculturists [l 6 : President's Act 17 and Indebted Persons (Special Provisions) I i the debts and liabilities of an indebted person specified in section 3 of that Act ; (c) indebted person " means an indebted person " as defined in clause (2) of section 2 of the Tamil Nadu Indebted Persons (Temporary Relief) Act, 1976; (d) interest" means any amount or other thing " paid or payable in excess of the principal sum borrowed or pecuniary obligation incurred, or where anything has been borrowed in kind in excess of what has been so borrowed by whatsoever name such amount or thing may be called, and whether the same is paid or payable entirely in cash or entirely in kind or partly in cash and partly in kind and whether the same is expressly mentioned or not in the document or contract, if any. I ~nterest not to 3. In respect of a debt due ob the 22nd day of July, raaNze Pdur!nrg i 1 975 from an agriculturist or an indebted person, no interest shall accrue during the period commencing on the wtsn debts. 22nd day of July, 1975 and ending with the 15th day of January, 1976, but interest shall accrue in respect of any debt obtained by an agriculturist , or an indebted person after the 22nd day of July, 1975. I 4. [The amendment made by this section has already been incorporated in the principal Act, namely, the Tamil Nadu Pawnbrokers Act, 1943 (Tamil Nadu Act XXIII of 1943).] ~ ctot override 5. The provisions of this Act shall have effect not- other laws, withstanding anything inconsistent therewith contained contracts~et c. in the Indian Contract Act, 1872 (9 of 1872), or in any other law for the time being in force, or any custom, usage or contract, or decree or order of a court or other authority. Repeal and 6. (1) The Tamil Nadu Indebted Agriculturists savmg. and Indebted Persons (Special Provisions) No. 2 Ordinance, 1976 (Tamil Nadu Ordinance 9 of 1976), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance or under the Tamil Nadu Pawnbrokers Act, 1943 (Tamil Nadu Act XXIII of 1943), as amended by the said Ordinance shall be deemed to have been done or taken under the corres- ponding provision of this Act or, as the case may be, of the Tamil Nadu Pawnbrokers Act, 1943, as amended