Kerala Agriculturists' Debt Relief Act, 1970
No: 11 Dated: Jul, 14 1970
THE KERALA AGRICULTURISTS' DEBT RELIEF ACT, 1970
(Act 11 of 1970)
An Act to give relief to indebted agriculturists in the State of Kerala.
Preamble.- WHEREAS it is considered necessary to provide for the relief of indebted agiculturists in the State of Kerala;
BE it enacted in the Twenty-first Year of the Republic of India as follows:-
1. Short title , extent and commencement.- (1) This Act may be called The Kerala Agriculturists' Debt Relief Act, 1970.
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force at once.
2. Definitions:- In this Act, unless the context otherwise requires:-
(1) "agriculturist" means a person who has an interest, other than as a simple mortgagee, in any agricultural or horticultural land in the State of Kerala, and includes-
(a) an agricultural labourer;
(b) a kudikidappukaran; and
(c) a tenant.
But does not include-
(i) any person assessed to sales tax on a turnover which in the aggregate is not less than forty thousand rupees in any two years within the three years immediately preceding the commencement of this Act, under the Kerala General Sales Tax Act, 1963 or the Central Sales Tax Act, 1956, or the law of any other State relating to sales tax;
(ii) any person assessed to income-tax under the Income-tax Act, 1961, in any two years within the three years immediately preceding the commencement of this Act and whose total income for the purposes of the said Act exceeded eight thousand rupees per annum;
(iii) any person assessed to agricultural income tax in any two years within the three years immediately preceding the commencement of this Act, under the Agricultural Income tax Act, 1950, or under any other law relating to agricultural income-tax, on an income exceeding eight thousand rupees per annum.
Explanation- Notwithstanding anything contained in the Indian Evidence Act, 1872, where a creditor proves that his debtor is a person assessed to the tax mentioned in subclause (i) or sub-clause (ii) or sub-clause (iii) for the period referred to in that sub-clause, the burden of proving that such debtor does not fall under the category specified in that sub-clause shall lie on the debtor;
(iv) a firm registered under the Indian Partnership Act, 1932 or a company as defined in the Companies Act, 1956, or a corporation formed in pursuance of an Act of Parliament of the United Kingdom or of any special Indian Law.
Explanation I.- For the purposes of this clause, "agricultural labourer" shall mean a person whose principal means of livelihood is the income he gets as wages in connection with the agricultural or horticultural operations he performs.
Explanation II.- For the purposes of this clause, the expression "person" shall include a family, provided that sub-clauses (i) to (iii), in their application to a family consisting of not less than five members, shall have effect as if for the turnover, total income or income specified therein, twice such turnover, total income or income, as the case may be, were substituted.
Explanation III.-Where a family is an agriculturist every coparcener or member of the family shall be deemed to be an agriculturist, provided that he does not fall under any of the categories specified in sub-clauses (i) to (iii);
(2) "banking company" means a banking company as defined in the Banking Regulations Act, 1949;
(3) "court" means any civil court having jurisdiction to entertain a suit for the recovery of a debt;
(4) "debt" means any liability in cash or kind, whether secured or unsecured, due from or incurred by an agriculturist on or before the commencement of this Act, whether payable under a contract, or under a decree or order of any court, or otherwise, but does not include-
(a) any sum payable to-
(i) the Government of Kerala or the Government of India or the Government of any other State or Union territory or any local authority; or
(ii) the Reserve Bank of India or the State Bank of India or any subsidiary bank within the meaning of clause (k) of section 2 of the State Bank of India (Subsidiary Banks) Act, 1959 or the Travancore Credit Bank (in liquidation) constituted under the Travancore Credit Bank Act, IV of 1113: