Rajasthan Affected Areas (Suspension of Proceedings) Act, 1952
No: 21 Dated: Jul, 05 1952
The Rajasthan Affected Areas (Suspension of Proceedings) Act, 1952
Act No. 21 of 1952
An Act to provide for the suspension of certain proceedings in [area affected with famine or scarcity.]
Be it enacted by the Rajasthan State Legislature as follows:-
1. Short title and extent. - (1) This Act may be called the Rajasthan [Affected Areas] (Suspension of Proceedings) Act, 1952.
(2) [It extends to the whole of the State of Rajasthan.]
2. Interpretation. - (1) In this Act unless the context otherwise requires:-
(a) "agriculturists" means a person who by himself or by his servants or tenants earns his livelihood wholly or principally by agriculture or by cattle breeding within the limits of [the State of Rajasthan];
Explanation I. - A person who temporarily ceases to earn his livelihood by agriculture, or cattle breeding or who is prevented from so earning his livelihood by reason of old age or bodily infirmity or necessary absence on account of service in the Armed Forces of the Union does not cease to be an agriculturist within the meaning of this definition, but a mortgagee of lands in the occupation of an agriculturist, is not an agriculturist.
Explanation II. - In the case of co-owners or co-tenants or members of a joint family, such of them only as ordinarily engage themselves personally in agriculture or cattle breeding shall be deemed to be agriculturists within the meaning of this definition, provided that in the case of a joint family, the family as a whole and not the individual members thereof not so engaging themselves, shall also be regarded as an agriculturist.
(b) "court" means a civil or a revenue court;
(c) [affected area means any area affected with famine or scarcity] in respect of which a declaration has been made under section 3 and is subsisting;
(d) "Notification" means notification published in the Rajasthan Gazette;
(e) "prescribed period" means the period fixed under section 4 and includes every extension thereof;
(f) "proceeding" means any proceeding in a court started on a plaint, petition - of appeal application or otherwise;
3. Power to declare famine affected areas. - The State Government may by notification declare any area or areas to be affected with famine [or scarcity] and thereupon the provisions of this Act shall apply to such area or areas for the period fixed under section 4.
4. Power to fix prescribed period. - (1) Upon the issue of a notification under section 3 in respect of any area, the State Government shall by the same or another notification fix the period for which the provisions contained in Sections 5 to 10 shall remain in force in such area, and may likewise extend from time to time, the period so fixed.
(2) On the termination of the prescribed period for any area, the declaration in respect thereof made under section 3, shall be deemed to be discharged and such area shall cease to be [an affected area.]
5. Stay of certain proceedings. - (1) All proceedings in execution of any decree for money, all proceedings for making final any preliminary decree for foreclosure or sale in enforcement of a mortgage and all proceedings in execution of any final decree for foreclosure of sale in enforcement of a mortgage passed by any Court in any [x x x] affected area on the basis of any liability incurred before the issue of a notification under section 3 in respect of that area, in which the judgment-debtor or one of the judgment-debtors is an agriculturist, shall be stayed during the prescribed period.
(2) Where proceedings in execution of any decree have been stayed under sub-section (1), all attachments of growing crops, agricultural produce live stock and other movable property of a perishable nature made in execution of such decree and subsisting on the date on which the stay order is passed shall be deemed to be withdrawn.
(3) All proceedings under the Provincial Insolvency Act, 1920 (V of 1920), against an agriculturist pending in any court in [an affected area] on the date of the issue of a notification under section 3 in respect of that area shall be stayed during the prescribed period.
(4) All suits for money and for foreclosure or sale in enforcement of a mortgage against an agriculturist, and all appeals from decrees or orders passed in such suits, pending in any court, in [an affected area] on the date of the issue of a notification under section 3 in respect of that area; shall be stayed during the prescribed period.