An Act to provide for relief of indebtedness of agricultural debtors in Bangladesh. WHEREAS it is expedient to provide for the relief of indebtedness of agricultural debtors and to amend the law governing the relations between agricultural debtors and their creditors; [ *] It is hereby enacted as follows:-
(1) This Act may be called the 1 * Agricultural Debtors Act, 1935.
(2) It extends to the whole of Bangladesh.
(3) It shall come into force in such areas on such dates as the Government may, by notification, direct.
In this Act, unless there is anything repugnant in the subject or context,-
(1) "agriculture" includes horticulture and dairy farming and the use of land for any purpose of husbandry inclusive of the keeping or breeding of livestock, poultry or bees and the growing of fruits, vegetables and the like;
(2) "amount payable under an award" means an amount included under clause (d) of sub-section (1) of section 25 in an award as payable by a debtor in respect of any debt, or any part of such amount which remains unpaid, together with any interest on such amount or part thereof which is due under the award;
(3) "Appellate Officer" means an officer appointed under section 40;
(4) "award" means an award as made by a Board under sub-section (2) of section 19 or sub-section (6) of section 22 or sub-section (5) of section 37A, or as confirmed or modified by an Appellate Officer under sub-section (5) of section 40 or under section 40A;
(5) "Board" means a Debt Settlement Board established under sub-section (1) of section 3, and includes an officer or the Collector authorised under the proviso to section 4;
(6) "Certificate-officer" means a Certificate-officer as defines in the Public Demands Recovery Act, 1913;
2(6A) "Civil Court" means a Civil Court within the meaning of the 3Civil Courts Act, 1887, and includes any Court exercising appellate or revisional jurisdiction over any such Court.(7) "Collector" includes any officer appointed by the Government to exercise any of the powers of a Collector under this Act;
(8) "debt" includes all liabilities incurred prior to the first day of January, 1940 of a debtor in cash or in kind, secured or unsecured, whether payable under a
decree or order of a Civil Court or otherwise, and whether payable presently or in future, but does not include the following:-
(9) "debtor" means a debtor whose primary means of livelihood is agriculture and who
and includes a group of persons who join in making an application under the provisions of sub-section (1) of section 9 and any person who, by virtue of the provisions of sub-section (7) of section 37A shall be deemed to be a debtor;
(10) "loan" means loan whether of money or in kind, and includes any transaction which is, in the opinion of a Board, in substance a loan;
(11) "notification" means a notification published in the official Gazette.
6(11A) "original principal" means the loan as originally borrowed, excluding any amount of interest on such loan which may at any time have been included as principal;(12) "prescribed" means prescribed by ruled made under this Act;
(13) "settlement" includes an amicable settlement and a settlement or adjustment made by order of a Board;
(14) "supplementary income" means any income derived by the debtor from any source other than agriculture;
7(14A) "tout" means a person who habitually frequents the precincts of the office of a Board except-(15) the expressions "landlord", "raiyat", "under-raiyat" and "rent" have the same meanings as in the Bengal Tenancy Act, 1885.
(1) The Government may, by notification, establish one or more Debt Settlement Boards for any local area specified in the notification.
(2) Each Board shall consist of a Chairman and of not more than four other members, to be appointed by the Government.
The Government may, at any time, for reasons to be recorded in writing, cancel, by notification, the appointment of the Chairman or any other member of a Board or dissolve any Board:
Provided that if, when a board is dissolved, the Government does not consider the appointment of another Board to be necessary or desirable, it may authorise any Government Servant to exercise such of the powers of the Board in connection with the making of awards as it may specify and the Collector to exercise all or any of the other powers of the Board.
The Government may, by notification, delegate its powers under sections 3 and 4 to the Commissioner.
The Chairman and the other members of a Board shall be appointed for a term of not more than three years, but shall be eligible for reappointment.
The Government may, by notification, from time to time, empower a Board to exercise all or any of the powers under sub-section (2) or (3) of section 9, sub-section (2) of section 13, clause (b) or clause (c) of sub-section (1) of section 19, section 21, or sub-section (1) of section 22, and unless so empowered a Board shall not exercise any such powers.
(1) Subject to the provisions of section 9, a debtor may make an application for the settlement of his debts to a Board established for the local area within which he ordinarily resides within eleven years after the first Board is established under sub-section (1) of section 3 for that local area.
(2) Unless the debtor has already made an application under sub-section (1) any of his creditors may make an application to a Board to which the debtor might have applied under that sub-section.
(3) If applications are made to more than one Board in respect of the debts of the same debtor, such applications shall, subject to rules made under this Act, be transferred to and dealt with by one Board.
(4) No objection as to the place of presentation of the application shall be allowed by the Appellate officer unless such objection was taken, at the earliest opportunity, before the Board to which the application was made and unless there has been a consequent failure of justice.
(5) Notwithstanding anything contained in sub-section (1), a Board may for good and sufficient reason entertain a further application in respect of any debt incurred before the date of a first application under sub-section (1) or sub-section (2) whether such application was made to it or to any other Board, except when such application under either of the said sub-sections has been dismissed under sub-section (3) or section 13 or under clause (b) (ii) of sub-section (1) or sub-section (2) of section 17.
(6) A board shall not entertain any further application for the settlement of any debt which has been incurred by a debtor (including any rent which has become due) after the date of application under sub-section (1) or sub-section (2).
(1) An application may be made under sub-section (1) of section 8 for the settlement of-
and the Board may pass orders under this Act regarding any debt to which such application relates.
(2) If a debtor within the meaning of this Act is jointly liable with other persons for any debt other than a debt for arrears of rent such debtor may make an application under sub-section (1) of section 8 for relief in respect of his liability in regard to such debt, and the Board, after consideration of the facts and circumstances of the case, may, if so empowered under section 7, pass such order as it thinks fit under this Act regarding the debt so far as such applicant is concerned and such order of the Board shall not be questioned in any Civil Court or in any manner other than that provided in this Act:
Provided that an order of the Board under this sub-section shall not affect the liability of any other person who is jointly liable with the debtor for the debt, but in no case shall the creditor to whom the debt is due to be entitled to realize more than his dues from the persons jointly liable.
(3) If a debtor within the meaning of this Act is liable with other persons for a debt for arrears of rent, such debtor may, notwithstanding the provisions of clause (b) of sub-section (1), make an application under sub-section (1) of section 8 for relief in respect of the entire amount of such debt, and the Board, after consideration of the facts and circumstances of the case, may, if so empowered under section 7, pass such order as it thinks fit under this Act regarding the entire amount of such debt, and such order of the Board shall not be questioned in any Civil Court or in any manner other than that provided in this Act:
Provided that, notwithstanding anything contained in any other law,
Every application under section 8 shall be in writing in the prescribed form and shall be signed and verified in the prescribed manner.
(1) An application made by a debtor under sub-section (1) of section 8 shall contain a statement of debt, in the prescribed form, which shall include the following:-
(2) An application made by a creditor under sub-section (2) of section 8 shall contain a statement of debt, in the prescribed form, which shall include the following:-
(1) On receipt of an application under section 8, the Board shall pass an order fixing a date and place for consideration of the application, unless the application is dismissed forthwith under section 17.
(2) The Board shall, in the prescribed manner, give notice of such order to the debtor (if he is not himself the applicant) or (if the debtor is the applicant) to all persons whose names and addresses are given in the application.
(3) The applicant may, at the discretion of the Board, be examined on oath or affirmation on the date fixed under sub-section(1) or on such other date as the Board may fix and a memorandum of the substances of the statement made by the applicant shall be recorded in writing by the Board.
(4) No woman who has made an application under section 8 shall, against her will, be required to appear in person before the Board for the purpose of being examined under this section.
(1) At the time of giving the notice referred to in sub-section (2) of section 12, the Board shall, in the prescribed manner, serve a notice on the debtor (unless the debtor is himself the applicant) and on every creditor whose name and address are given in the application and also publish a general notice requiring the debtor and all creditors to submit a statement of debt in the prescribed form within one month of the date of service of the notice, or publication of the general notice, which ever is later and further requiring all creditors to produce on a date specified in the notices all documents (including entries in books of account) by which the creditor intends to prove any debt owing to him, together with a true copy of each such document:
Provided that, if the Board is satisfied that the debtor or any creditor is for good and sufficient cause unable to comply with such notice, it may extend the period for the submission of his statement of debt or the production of his documents and true copies thereof.
(2) If any creditor fails to comply with a notice under sub-section (1), the Board, if so empowered under section 7, may pass an order in writing declaring that the amount of any debt due to him from the debtor on the date of such order shall, for the purposes of this Act, be deemed to be the amount stated in the statement of debt submitted by the debtor, and that no debt of which the creditor has failed to submit a statement, other than a debt which the debtor has included in his statement of debt shall be payable;
and such order shall not be questioned in any Civil Court or in any manner other than that provided in this Act.
(3) If any debtor fails to comply with a notice under sub-section (1), the Board shall dismiss the application and may allow against the debtor such costs as the Board considers reasonable and such costs shall be recoverable as a public demand on application made within the prescribed period by a creditor to whom the same is due:
Provided that an order made under sub-section (2) or sub-section (3) may be varied or reversed by the Board on an application for review or by the Appellate Officer on appeal if it is proved to the satisfaction of the Board or of the Appellate Officer that the creditor or debtor or any person referred to in clause (d) of sub-section (1) of section 11, as the case may be, had no knowledge of the notice under sub-section (1) or that he has complied with it or that he had sufficient reason for non-compliance:
Provided further that when a Board has ceased to exist an order made under sub-section (2) or sub-section (3) may be varied or reversed by the Appellate Officer on an application if it is proved to his satisfaction that the creditor or debtor or any person referred to in clause (d) of sub-section (1) of section 11, as the case may be, had no knowledge of the notice under sub-section (1) or that he has complied with it or that he had sufficient reason for non-compliance.
(1) [Omitted by section 9 of the Bengal Agricultural Debtors (Amendment) Act, 1940 (Act No. VIII of 1940).]
(2) The Board shall mark in the prescribed manner each original document produced in compliance with the notice under sub-section (1) of section 13, keep the copy after verifying its correctness, and return the original to the creditor.
(3) No document relating to a debt regarding which a creditor has failed to submit a statement under sub-section (2) of section 11 or sub-section (1) of section 13, and no document which being in the possession or under the control of the creditor has not been produced by him as required by sub-section (1) of section 13, shall be admissible in evidence against the debtor or his successor-in-interest in any suit by the creditor or by any person claiming under him for the recovery of the debt to which such document relates unless it is proved to the satisfaction of the Civil Court that there were sufficient reasons for non-production of the document before the Board.
Subject to any rules made under this Act, the Board shall call upon the debtor and each creditor to explain his case regarding each debt, and shall use its best endeavours to induce them to arrive at an amicable settlement.
(1) Subject to rules made under this Act, a Board may exercise all such powers connected, with the summoning and examining of parties and witnesses and with the production of documents as are conferred on a civil Court by the Code of Civil Procedure, 1908.
(2) Any person present may be required by a Board to furnish any information or to produce any document then and there in his possession or power.
(1) An application under section 8 may be dismissed by the Board, at any stage of its proceedings, in respect of all or any of the debts to which it relates,-
(2) An application under section 8 shall be dismissed by the Board, if in its opinion-
(1) If there is any doubt or dispute as to the existence or amount of any debt, the Board shall decide whether the debts exists and determine its amount:
Provided that a decree of a Civil Court relating to a debt shall be conclusive evidence as to the existence and amount of the debt as between the parties to the decree.
(2) Before passing any order under sections 19, 21 or 22 the Board, after considering the statements of debt submitted under section 11 and sub-section (1) of section 13 and the evidence produced, if any, after having given an opportunity to the parties to appear and be heard shall, in accordance with rules made under this Act, determine in respect of each debt the amount of the principal and the amount of the arrears of interest due thereon from the debtor up to the date of such determination.
(3) [Omitted by section 10 of the Bengal Agricultural Debtors (Amendment) Act, 1940 (Act No. VIII of 1940).]
(4) When the Board has determined under sub-section (2) the amounts of the principal of a debt due from a debtor and of the arrears of interest due thereon, the decision of the Board in this respect shall not be questioned in any Civil Court or in any manner other than that provided in this Act.
(5) Notwithstanding anything contained in this Act or in any other law for the time being in force or in any contract, where a creditor has taken possession on any terms whatsoever of any immovable property of the debtor as security for, or in lieu of payment of, any portion of the principal of the debt or any portion of the interest thereon, and where the Court has not pronounced a final decree for foreclosure or has not conformed a sale held in execution of a final decree for the sale of the property, the Board shall, in making the determination under sub-section (2), prepare an account in the prescribed manner of
the receipts of the creditor derived from the said property and after deducting the expenses properly incurred by the creditor (of which an account shall similarly be prepared) either for the cultivation or for the management of the said property, shall credit the sum of such receipts in reduction of the amount, if any, from time to time due to the creditor as interest on the original principal of the debt and, so far as such sum exceeds any interest due, in reduction or discharge, as the case may be, of such original principal.
(6) In determining under this section the amount of arrears of interest due-
(1) Subject to rules made under this Act-
Provided that for the purposes of this clause an offer shall not be considered by the Board to be a fair offer-
(2) The terms of any settlement of debts under sub-section (1) shall be embodied in an award to be made by the Board
Explanation.-The words "total debt" mean the sum total of all debts which have been determined under section 18 or regarding the amount of which there is no doubt or dispute.
(2) An application under sub-section (1) shall be accompanied by the prescribed process fee, and the Certificate-officer, after giving notice in the prescribed manner to the creditor and to any person who may be in possession under the creditor and after such inquiry as he considers necessary, may direct the creditor to pay to the debtor such compensation as
appears to him to be fair and equitable in respect of the period during which the creditor or any person who may be in possession under him retained possession of the property in contravention of the said order of the Board together with costs incidental to the application under this section, and may also pass an order directing the creditor or any person who may be in possession under him to deliver possession of the property to the debtor by a specified date.
(3) If possession of the property is not delivered to the debtor by the date specified in an order under sub-section (2), the Certificate-officer shall on the application of the debtor, order delivery of possession to be made by putting in possession of the property the debtor or any other person whom he may appoint to receive delivery on his behalf, and in delivering possession, the Certificate-officer shall have the same powers as under the Public Demands Recovery Act, 1913.
(4) Any compensation and costs payable under an order under this section shall be recoverable as a public demand.
If any question arises in connection with proceedings before a Board under this Act, whether a person is a debtor or not or whether a liability is a debt or not, the Board shall decide the matter.
Subject to any rules made under this Act, if any creditor does not accept an offer made by the debtor which in the opinion of the Board is fair and such as the creditor ought reasonably to accept, the Board if it is so empowered under section 7, instead of passing any other order which it is competent to pass, may grant to the debtor a certificate in the prescribed form in respect of the debt to which the offer relates, and thereafter, notwithstanding the provision of any law for the time being in force, no Civil Court shall allow to the plaintiff, in any suit for the recovery of such debt, any costs in such suit or any interest on the debt after the date of such certificate, and no decree for the recovery of such debt shall be executed until all amounts payable under an award in respect of other debts of the debtor have been paid, or until the expiry of such period not exceeding ten years as may be specified in the certificate, whichever is later, or, if the award ceases to subsist under sub-section (5) of section 29, until the award has so ceased to subsist.
(1) When the Board is satisfied that the debts of a debtor are such that they cannot be reduced under the provisions of section 19 to an amount which he will be able to repay within twenty years, and that the debtor is a fit person to be given the benefit of this section, the Board if it is so empowered under section 7, may, subject to rules made under this Act and after considering all the circumstances of the debtor, by a written order declare him to be insolvent and may by such order either-
(2) The certificate officer shall, on the requisition of the Board in the prescribed form, sell the property of the debtor referred to in clause (b) of sub-section (1) in the manner provided in the Public Demand Recovery Act, 1913 and the provisions of the said Act regarding sales in execution of certificates shall, subject to the provisions of this Act, apply to such sale.
(3) When the Board reduces the debts of an insolvent under clause (a) of sub-section (1), it shall specify in the order what sum he shall pay in each year towards the settlement of the debts as so reduced and in what manner such sums shall be distributed among the creditors:
Provided that the sum to be paid in each year shall be fixed by the Board at an amount which, in its estimation, is likely, in a year of normal harvest, to leave to the insolvent as provision towards his maintenance one-half of the surplus which remains from the value of the produce of his land after paying to the landlord the current rent due for such land.
(4) When the Board directs the sale of an insolvent's property under clause (b) of sub-section (1), it shall set aside, as provision towards his maintenance, not more than one-third of
the land held by him in his direct possession exclusive of the and occupied by his dwelling house:
Provided that, even if he holds less than three acres of land in his direct possession, the Board shall thus set aside not less than one acre of the land so held exclusive of the land occupied by his dwelling house:
Provided further that no portion of the immovable property of an insolvent shall be exempted under this sub-section from sale for realisation of arrears of rent.
(5) When the property of the insolvent referred to in clause (b) of sub-section (1) has been sold under sub-section (2) or when he has paid all the sums fixed by the Board under sub-section (3) or when his property has been sold under section 28, the Board shall make an order of discharge and grant him a certificate of discharge in the prescribed form. Such certificate shall release the insolvent from all debts which were or might have been included in the application under section 8:
Provided that if within five years of the order declaring the debtor insolvent any property is acquired by, devolves on, or is declared by a Civil Court or is discovered to belong to, the insolvent debtor such property shall, on application made by a creditor to the Board, be available for distribution among the creditors of the debtor, to the extent of their debts, in such manner as the Board may direct.
(6) An order passed by a Board under sub-section (1) shall be embodied in an award to be made by the Board.
The Principal of any debt due in respect of arrears of rent or under section 171 of the Bengal Tenancy Act, 1885, shall not be reduced under clause (b) of sub-section (1) of section 19 or under section 22, and the provisions of section 21 shall not apply to the principal of any such debt.
(1) When a debtor is declared insolvent under sub-section (1) of section 22, the Board shall, in the prescribed manner, determine what portion of his immovable property shall be deemed to be the dwelling house of the debtor for the purposes of this Act.(2) Such dwelling house shall be exempt from sale under sub-section (2) of section 22 and from sale for the recovery of any unsecured debt under section 28, and notwithstanding anything contained in any other Act, the debtor shall be incompetent to mortgage, charge, lease or alienate the same in any way until he is granted a certificate of discharge under sub-section (5) of section 22.
(3) Notwithstanding anything contained in any other Act, no part of the property of a debtor who has been declared insolvent under sub-section (1) of section 22 shall be exempt from sale under sub-section (2) of that section or under section 28 except such movable property as shall be prescribed, the immovable property excluded as provision towards his maintenance, and, subject to the provisions of sub-section (2), his dwelling house as determined under sub-section (1).
(1) An award shall be in the prescribed form and shall include the following particulars:-
Provided that the order in which such amounts shall be paid shall be in accordance with any rules made under this Act;
(2) At a place and time of which notice shall be given to the parties in the prescribed manner the award shall be explained to the parties present and shall be signed by the Board; but the validity of an award shall not be affected by the absence of any of the parties.
(3) From the date of the signing of the award under sub-section (2) it shall, in suppression of all previous decisions of a Civil Court in respect of the debts mentioned in it, be binding on the debtor and his creditors and the successors-in-interest of such debtor and creditors.
Notwithstanding anything in this or any other Act-
(1) When an award is made as regards any debt which is secured by a mortgage, lien or charge on any immovable property of a debtor, such mortgage, lien or charge shall subsist to the extent of the amount payable in respect of such debt under the award until such amount has been paid or the property has been sold for the satisfaction of such debt or the debtor has been granted a certificate of discharge under sub-section (5) of section 22:
Provided that where an award under sub-section (2) of section 19 directs the restoration of possession immovable property to the debtor, the mortgage, charge or lien shall be subject to such modification as to the period of possession as may be contained in the award.
(2) Any mortgage, lien or charge upon any immovable property securing a debt on account of which any amount is payable under a decree of a Civil Court shall cease to subsist when such property is sold under the provisions of section 28 or sub-section (4) of section 29.
(1) If by the date fixed the debtor fails to pay any amount payable under an award such amount shall be recoverable as a public demand on application made within the prescribed period by a creditor to whom the amount is due.
If the creditor does not so apply such amount shall for the purposes of clause (iii) of section 35, be deemed to be debt incurred by debtor after the date of the signing of the award.
(2) Subject to any rules made under this Act, the Certificate-officer is satisfied that there is good reason for the failure to pay by the fixed date, may allow time to the debtor within which to pay any amount due. If the Certificate-officer thus allows time, he may, if he thinks fit, further direct that a similar period of time shall be given to the debtor after the time fixed in the award for payment of any other amount payable there-under, within which to make such other payment, and the award shall be deemed to be modified accordingly.
(3) If the Certificate-officer does not allow time under sub-section (2), or if the debtor fails to pay within the time allowed, the Certificate-officer shall proceed to recover the amount in the manner provided in the Public Demands Recovery Act, 1913:Provided that, if such debtor has been declared insolvent under section 22, the Certificate-officer after allowing such time, if any, as he thinks fit, shall, forthwith, subject to the provisions of sub-section (4) of section 22 and section 24, sell such portion of the property of the debtor as will be sufficient to pay all the amounts payable whether under the award or under sub-section (1) of section 29.
(4) Subject to the proviso to sub-section (3), if the Certificate-officer fails to recover the full amount in respect of which an application has been made under sub-section (1) by sale of the moveable property of agricultural produce of the debtor, he shall sell such portion of the immovable property of the debtor as will sufficient to pay all amounts payable whether under the award or under sub-section (1) of section 29 or under any decree which has, to the knowledge of the Certificate-officer, been passed by a Civil Court in respect of a debt of which details are included in the award under clause (c) of sub-section (1) of section 25.
(5) When the Certificate-officer sells the immovable property of a debtor under sub-section (2) of section 22 or under this section he shall keep a separate account of the proceeds realised from the sale of any portion of such property upon which a mortgage, lien or charge is shown as subsisting in the list included in the award under clause (a) of sub-section (1) of section 25.
(6) If any debt in respect of which no amount is payable under the award is secured by a mortgage, lien or charge shown in such list, the Certificate-officer shall sell the immovable property subject to such mortgage, lien or charge, unless a decree of Civil Court for the recovery the debt is outstanding in respect of such property. If such a decree is outstanding the Certificate-officer shall distribute the sale-proceeds in accordance with the provision of clause (a) of sub-section (2) of section 29.
(1) When a Certificate-officer has sold property of a debtor under sub-section (2) of section 22 or under section 28 he shall first pay from the proceeds of the sale any amount payable as cost of sale in execution of the Certificate and next-
due between the date of determination of the debt under sub-section (2) of section 18 and the date of confirmation of the sale; and
(2) After making the payments under sub-section (1), if any, the Certificate-officer shall proceed as follows:-
Provided that if there is any dispute or doubt as to the priority of payment of such debts the Certificate-officer shall refer the matter to the Appellate Officer who shall determine the same according to the provisions of the aforesaid Act;
and if such sum is insufficient to meet such payment such other amounts and any amount payable on account of an unsecured debt for the recovery of which a decree has been passed by a Civil Court, and of which details are given in the award under clause(c) of sub-section (1) of section 25, shall rank equally between themselves for purposes of payment:
Provided that if any instalment has been paid under the award, for the year when an instalment fell due for the recovery of which application has been made under sub-section (1) of section 28, any instalment which fell due in that year, but which has not been paid, shall be given priority;
(3) The proceedings of a Certificate-officer under this section shall be in accordance with rule made under this Act.
(4) Notwithstanding anything contained in the Public Demands Recovery Act, 1913if any amount payable under an award in respect of a debt secured by a mortgage, lien or charge on any immovable property of a debtor which is exempted from sale under the said Act cannot be recovered as a public demand, the Certificate-officer shall recover such amount by the sale of such immovable property and shall pay to the debtor the balance (if any) remaining after payment of such amount. The procedure under the Public Demands Recovery Act, 1913.
(5) If the Certificate-officer fails to recover as a public demand or under the provisions of sub-section (4) any amount payable under the award, he shall certify that it is irrecoverable and thereupon the award shall cased to subsist as if a decree of the Civil Court had been passed for its payment on such date:
Provided that the Certificate-officer, instead of at once certifying any part of such amount to be irrecoverable, may make a report to the Board which may pass an order declaring that the debtor is insolvent and thereupon the provisions of sub-section (5) of section 22 shall as far as possible apply to such insolvent.
Notwithstanding anything in any other Act, when any land mentioned in the list referred to in clause (a) of sub-section (1) of section 25 is sold in execution of a decree, or of a certificate under the Public Demands Recovery Act, 1913, for arrears of rent, the balance of the sale-proceeds which remains after the payment of the amounts referred to in clauses (a), (b) and (c) of sub-section (1) of section 169 of the Tenancy Act, 1885, or in clauses (a), (b) and (c) of sub-section (1) of section 26 of the Public Demands Recovery Act, 1913, shall be paid to the Certificate-officer, or retained by him as the case may be, for distribution in the manner provided in section 29 of this Act.
No settlement under this Act of the debts of a member of a co-operative society registered under the 14* Cooperative Societies Act, 1940 who owns any amount to such society, shall be valid without the previous approval in writing of a prescribed authority.
If a debtor informs the Board at the earliest opportunity that the decree referred to in the proviso to sub-section (1) of section 18 was obtained ex parte and that he intends to apply to the Civil Court to set it aside the Board may stay further proceedings for such time as it may consider necessary to enable the debtor to set aside the decree.
Except as provided in this Act, no Civil or Revenue Court shall entertain a suit, application or proceeding against the debtor in respect of-
When an application under section 8 or a statement under sub-section (1) of section 13 includes any debt in respect of which a suit or other proceeding is pending before a Civil or Revenue Court, or when an Appellate Officer entertains an appeal or a District Judge or an Additional District Judge entertains an application for revision, relating to such a debt, the Board or the Appellate Officer or the District Judge or the Additional District Judge, as the case may be, shall give notice thereof to such court in the prescribed manner, and thereupon the suit or the proceeding shall be stayed until the Board has either dismissed the application in respect of such debt or made an award thereon or until the Appellate Officer has disposed of
such appeal or the District Judge or the Additional District Judge has disposed of such application for revision, and if the Board or the Appellate Officer or the District Judge or the Additional District Judge includes any part of such debt in clause (d) of sub-section (1) of section 25 in the award or decides that the debt does not exist the suit or proceeding shall abate so far as it relates to such debt.
Explanation.-For the purpose of this section an execution proceeding for the sale of any property shall be deemed to be pending and the debt in respect of which the sale takes place shall be deemed to exist until such sale becomes absolute.
Notwithstanding anything contained in any Act, no decree of a Civil Court or certificate under the Public Demands Recovery Act, 1913shall be executed-
Notwithstanding anything contained in any Act, any decree of a Civil Court passed in regard to a debt after the date of an application under section 8 shall be treated as a nullity in so far as-
After receipt of an application under section 8 the Board may attach the immovable property of the debtor in the prescribed manner and thereupon such property shall be deemed to be under attachment under the provisions of the Code of Civil Procedure, 1908, until such attachment is withdrawn or cancelled by the Board.
(2) The application referred to in sub-section (1) shall be made to the Board established for the local area within which the applicant ordinarily resides and within one year from the date of the commencement of the Agricultural Debtors (Amendment) Act, 1942, or from the date on which possession of the property was delivered to the decree-holder, whichever is later, notwithstanding that on the date of such application the period of eleven years from the establishment of the first Board in such local area has already expired; and the Board shall first determine whether the application fulfils the conditions specified in that sub-section and whether it can be entertained.
(3) No Board shall entertain an application under sub-section (2) if such application relates to a debt in respect of which a Civil Court has previously entertained a suit instituted or an application made under the provisions of the 16 * Money-lenders Act, 1940; and no Civil Court shall entertain a
suit instituted or an application made under the provisions of that Act if such suit or application relates to a debt in respect of which a Board has previously entertained an application made under the provisions of this section.
(4) If the Board decides that an application made under sub-section (2) fulfils the conditions specified in sub-section (1) and can be entertained by it, and if after an opportunity has been allowed in the manner prescribed, the applicant, the decree holder and the landlord of the applicant in respect of the property sold in the case where the decree-holder is not such landlord, or where the Board finds that the property sold is subject to any bona fide mortgage executed by the decree-holder before the twentieth day of December, 1939, the applicant, the decree-holder, such landlord and such mortgagee do not effect an amicable settlement of the debt within such period as the Board may allow, the Board shall, in such manner as may be prescribed, estimate the average annual gross receipts deemed to have been derivable from the property sold during the period beginning on the first day of January, 1934, and ending on the thirty-first day of December, 1938.
(5) After making the estimate referred to in sub-section (4), the Board shall make an award directing the applicant-
Provided that if the property sold is subject to any bona fide mortgage executed by the decree-holder before the twentieth day of December, 1939, the Board shall in the said award instead of directing the payment referred to in clause (a), direct
whichever is earlier, pay to such mortgagee annually and in cash one-half of the value of the average annual gross receipts referred to in clause (a) of this sub-section, and
Explanation. For the purposes of this proviso any payment made to the mortgagee under clause (i) of this proviso shall be deemed to be made towards the debt referred to in clause (a) of sub-section (7).
(6) The Board shall in the case where any improvement has been effected bona fide by the decree-holder before the twentieth day of December, 1939, by the erection of a building whether of masonry, bricks, stone or any other material whatsoever or by the construction of any tank or well on the property sold or on any portion thereof, allow compensation to the decree-holder for any loss caused to him by the restoration of the possession of such property to the debtor and shall, before making an award under sub-section (5), determine the amount of such compensation in the manner prescribed.
(7) For the purposes of an award made under sub-section (5)-
the property, after deducting therefrom, in respect of each year during which the decree-holder remained in possession of the property, an amount equal to half the average annual gross receipts estimated under sub-section (4), and a proportionate amount in respect of any portion of any such year; and
and after such an award has been made, the applicant shall be deemed to be a debtor.
(8) The debtor may present a copy of the award made under sub-section (5) to the Civil Court or Certificate officer at whose order the property was sold, and such Court or Certificate officer shall thereupon direct that the sale be set aside, that the debtor together with any person who was in possession of the property sold or any part thereof at the time of delivery of possession of such property to the decree-holder as an under-raiyat of the debtor and who has been ejected therefrom by reason of such sale be restored to possession of the property with effect from the first day of Baisakh next following or the first day of Kartick next following, whichever is earlier, and that any person who is in possession of the property other than a person who was in possession of the property or part thereof as an under-raiyat of the debtor at the time of delivery of possession of such property to the decree-holder shall be ejected therefrom with effect from that date.
(9) A debtor who has been restored to possession of any property under sub-section (8) shall not, so long as there remains unpaid any sum payable under an award made under sub-section (5) or until the expiration of twenty years from the date of such award, whichever is earlier, alienate by sale, lease, gift or other form of transfer, or create any charge upon, such property or any portion thereof and, notwithstanding anything contained in any other law, any alienation or charge so made shall be void and of no effect.
(10) The provisions of sections 28 and 29 shall, so far as may be, be applicable in the case where the debtor fails to pay by the date fixed any sum payable under an award made under sub-section (5).
(11) When the debt is extinguished, or when twenty years have expired from the date of the award made under sub-section (5), or when such award ceases to subsist under sub-section (5) of section 29, whichever is earlier, the decree or certificate in execution of which the property was sold shall be deemed to have been fully satisfied.
(12) In this section the expression "decree-holder" includes the certificate-holder and any person to whom any interest in the decree or certificate is transferred by assignment in writing or by operation of law.
No appeal or application for revision shall lie against any decision or order of or award by a Board except as provided in this Act.
(1) The Government may authorise the Collector, subject to rules made under this Act, to transfer from one Board to another, for disposal, applications made under section 8.
(2) A Board to which an application is transferred under sub-section (1) may continue the proceedings in connection with the application from the stage which has been reached when the application is transferred.
(1) An appeal may be made in the prescribed manner to an Appellate Officer to be appointed by the Government against-
Provided that an appeal against any order under section 21, section 22 or section 29, and no other appeal shall be made to an Appellate Officer appointed under this section who has had such judicial experience as may be prescribed.
(2) An appeal under sub-section (1) shall lie if made within thirty days of the date of the decision, order, award or certificate referred to in that sub-section.
(3) The Government may make rules regarding the procedure to be followed by the Appellate Officer, and for the control and inspection of his work.
(4) The Appellate Officer may after giving the appellant an opportunity of being heard reject an appeal summarily if he considers that there is no sufficient ground for interfering.
17(4A) The Appellate Officer may stay any order directing the restoration of possession of immovable property to a debtor under clause (c) of sub-section (1) of section 19 pending the disposal of an appeal preferred to him against such order.(5) If the Appellate Officer does not reject the appeal summarily, he shall hear the parties, if they appear, and consider any reasons which the Board may submit in regard to the grounds of such appeal, and may then either confirm or modify the decision of order of the Board or direct the Board to take such action as he thinks fit.
(6) Subject to the provisions of section 40A the orders of the Appellate Officer shall be final.
(7) An appeal for the purpose of this section includes an application for revision.
(8) No appeal shall lie against a decision or order passed by a Board with the consent of the debtor and the creditor.
(2) An application under sub-section (1) shall lie if made within thirty days of the date of the order referred to in that sub-section.
(3) Every such application shall be made to the Appellate Officer who shall forward to the District Judge the record of the case, the application and any explanation which he may desire to offer in respect of the application.
(4) The District Judge shall consider such papers as may be forwarded to him by the Appellate Officer, but shall not hear the parties or any person appearing on their behalf.
(5) If the District Judge does not reject the application, he may, if he is satisfied that there has been a substantial failure of justice by reason of any illegality or irregularity contained in the order of the Appellate Officer, or for any other sufficient cause either modify or reverse the order or any portion there of:
Provided that the District Judge may transfer to an Additional District Judge subordinate to him any papers forwarded to him by an Appellate Officer under sub-section (3) and such Additional District Judge shall in respect of the Applications so transferred exercise the same powers and perform the same duties as those respectively conferred and imposed upon the District Judge under this section.
[Omitted by section 22 of the Bengal Agricultural Debtors (Amendment) Act, 1940 (Act No. VIII of 1940).]
Subject to rules made under this Act, a Board may, if it thinks necessary, make a reference to the Appellate Officer stating the question upon which his opinion, advice or direction is required and the Appellate Officer shall give his opinion, advice or direction, as the case may be, thereon as soon as possible.
(1) A Board shall, in all proceedings under this Act, be subject to the control of the Government.
(2) Any person appointed by the Government in this behalf may inspect or cause to be inspected any property, books or documents in the possession or under the control of the Board and require the Board to furnish such statements, accounts, reports, copies of documents or such other information relating to the proceedings and duties of the Board, as he thinks fit to call for.
Subject to any rules made under this Act-
Provided that no order shall be varied or reversed unless an opportunity has been given to the persons interested to appear and be heard in support of such order.
(1) Except as otherwise provided in this Act, the provisions of-
shall not apply to any proceedings before a Board.
(2) The procedure to be followed by a Board in any proceedings before it shall, subject to the provisions of this Act, be in accordance with rules prescribed under this Act.
(1) Subject to any rules made under this Act, no legal practitioner 19 * shall represent any party in any proceedings before a Board, nor shall any other agent, without the permission of the Board, represent any party in any such proceedings.
(2) Notwithstanding anything contained in sub-section (1) no person whose name is included in a list of touts prepared and published under sub-section (1) of section 46A shall be permitted to appear as an agent of any party before a Board.
A Board may report to the Sub-divisional Magistrate the name of any person alleged or suspected to be a tout for inclusion in the list referred to in sub-section (1) of section 46A, and the Sub-divisional Magistrate may take such action on the report as he thinks fit.
A copy of a list of touts referred to in sub-section (1) of section 46A shall be kept hung up in the office of every Board in the subdivision to which the same relates.
Every person whose name is included in a list of touts referred to in sub-section (1) of section 46A, if found within the precincts of the office of any Board without a written permission from that Board, shall be deemed to be acting as a tout for the purposes of section 46F:
Provided that this section shall not apply where such person is a party to a proceeding before such Board or has been directed to appear by any process of such Board.
Any Board may make a complaint in writing to the Sub-divisional Magistrate regarding any person included in a list of touts referred to in sub-section (1) of section 46A, who
enters or is found within the precincts of the office of such Board, and the Sub-divisional Magistrate may thereupon take such action as he thinks fit.
Any person who acts as a tout whilst his name is included in a list of touts referred to in sub-section (1) of section 46A shall be punishable with imprisonment for a term which may extent to three months, or with fine which may extend to five hundred Taka or with both.]
(2) No person's name shall be included in any such list until he shall have had an opportunity of showing cause against such inclusion.
(3) Where the name of any person is included in a list framed and published under this section, such person may, within thirty days of the publication of the list in which his name first appears, apply in writing to the District Magistrate for the removal of his name from such list; and the orders of the District Magistrate, passed after such inquiry (if any) as he considers necessary, on such application shall be final.
(1) Every award and every certificate granted under section 21 or sub-section (5) of section 22, shall be registered under the Registration Act, 1908, by the Chairman of the Board in such manner and within such period as may be prescribed.
(2) For the purpose of the registration under sub-section (1) of an award of a certificate the Chairman shall be deemed to be an officer of Government empowered to execute such instrument within the meaning of section 88 of the Registration Act, 1908.
A copy of any order made by a Board under sub-section (2) of section 13, and a copy of any award shall be published in such manner as may be prescribed by the Government.
The Chairman and the other members of a Board shall be deemed to be public servants within the meaning of the 21Penal Code.
All proceedings under this Act shall be deemed to be judicial proceedings within the meaning of section 228 of the 22Penal Code.
No suit, prosecution or legal proceeding whatever shall lie against any Chairman or other member of a Board Appellate Officer or Certificate-officer in respect of anything in good faith done or intended to be done under this Act.
Notwithstanding anything contained in any other Act, when the period of limitation is calculated for any application, suit or appeal regarding a debt which has been the subject of any proceedings under this Act, the time during which such proceedings continued and the time during which person interested in such debt was debarred by any provision of this Act from making or instituting the application, suit or appeal, or executing the decree in question, as the case may be, shall be excluded.
The right to receive any amount payable under an award shall be assignable in the prescribed manner.
(1) Whoever-
shall, on conviction, be liable to imprisonment for a term which may extend to three years or to fine or to both.
(2) No prosecution for any offence under this section may be commenced except by, or with the permission of, the Collector.
(1) The Government may make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power the Government may make rules to provide for all or any following matters, namely:-
(3) The power of making rules conferred by clause of sub-section (2) is subject to the condition that the rules be made after previous publication.
In making any rule under this Act the Government may direct that a breach thereof shall be punishable with fine which may extend to fifty-Taka and, where the breach is a continuing one, with further fine which may extend to ten Taka for everyday after the first during which the breach continues.
The fees which may be prescribed under clause (b) of sub-section (2) of section 55 for an order of determination under sub-section (2) of section 18 and which have not been paid by the date fixed by the Board shall be recoverable as public demands payable to the Collector.