Travancore-Cochin Indebted Agriculturists Relief Act, 1956
No: 3 Dated: Sep, 10 1956
THE TRAVANCORE-COCHIN INDEBTED AGRICULTURISTS RELIEF ACT, 1956
No. III OF 1956
An Act to give relief to tndebted agriculturists in the State of Travancore-Cochin. In exercise of the powers conferred by Section 3 of the Travancore-Cochin State Legislature (Delegation of Powers) Act, 1956, (29 of 1956) the President is pleased to enact as follows:-
1. Short title extent and commencement.-(1) This Act may be called the Travancore-Cochin Indebted Agriculturists Relief Act, 1956.
(2) It extends to the whole of the State of Travancore Cochin.
(3) It shall come into force on such date as the Government may, by notification in the Gazette, appoint.
2. Definitions.-In this Act, unless the context otherwise requires,-
(a) "Agriculturist" means a person who has an interest other than interest as a simple mortgagee in any agricultural or horticultural land, but does not include-
(i) any person liable to pay land revenue exceeding one hundred rupees per annum in any year after 1952-53;
(ii) any person assessed to profession tax on income derived from a profession other than. agricultural under any law governing municipal or local bodies m India. on a half yearly income of more than nine hundred rupees in any half year after 1952-53;
(iii) any person assessed in any half-year after 1952-53 to property or house tax .on an annual rental value of not less than six hundred rupees m respect of bmldmgs (other than a building in which he lives) or lands other than agricultural lands under any law governing municipal or local bodies in India;
(iv) any person assessed to sales-tax on a total turnover of not less than twenty thousand rupees in any year after 1952-53 under the Travancore-Cochin General Sales-tax Act, 1125 (XI of 1125), or under the law of any other State relating to sales-tax;
(v) any person assessed to mcome-tax under the Indian Income-Tax Act, 1922 (II of 1922), in any year after 1950-51;
(vi) any person assessed to agricultural income-tax in any year after 1950-51 under the Travancore-Cochin Agricultural Income-tax Act, 1950 (XXII of 1950) , or under the law of any other State relating to agricultural income-tax;
(vii) a firm registered under the Indian Partnership Act, 1932 (9 of 1932), or a company as defined in the Companies Act, 1956 (1 of 1956) , or a corporatiOn formed in pursuance of an Act of Parliament of the United Kingdom or of any specwl Indian law;
Explanation I.-Where a joint Hmdu family or tarwad tavazhi, or illom is an agriculturist, every coparcener or member of the tarwad, tavazhz, or illom, as the case may, be, shall be deemed to be an agriculturist, provided that he does not fall under any of the categories specified in sub-clauses (i) to (vi).
Explanation ll.-The provisions of this Act shall not apply to any person who is not an agriculturist on the commencement of this Act;
(b) "debt" means any liability in cash or kmd, whether secured or unsecured, due from an agriculturist on the commencement of this Act, whether payable under a .contract or under a decree or order of a Court, civil or revenue or otherwise, but does not include-
(i) any sum payable to the State or the Central Government or to any local authority;
(ii) any sum payable to any co-operative society mcl.udmg a land mortgage bank, registered or deemed to be registered under the Travancore-Cochin Co-operative Societies Act, 1951 (X of 1952), or to the Travancore Credit Bank constituted under the Travancore Credit Bank Act ] 113 (IV of 1113), provided that the right of the society' or the Bank to recover the sum did not arise by reason of an assignment made subsequent to the commencement of this Act;
(iii) any liability arising out of a breach of trust;
(iv) any liability in respect of maintenance;
(v) any liability in respect of wages or remuneration due as salary or otherwise for services rendered; or
(vi) any liability incurred or arising under any chitty or kuri registered or licensed under the Travancore Ch1tties Act, 1120 (XXVI of 1120), or the Cochin Kunes Act, 1107 (VII of 1107).
Explanation I.-Whereas a debt has been renewed or included m a fresh document executed after the commencement of this Act, whether by the same debtor or by his heirs, legal representatives or assigns or by any other person acting on his behalf or in his interest or as a result of a partition, in favour of the same creditor or his he1rs, legal representatives or assigns or any other person actmg on his behalf or in hia interest or as a result of a. partition, the amount outstanding on the commencement of this Act and included in the document executed after such commencement shall alone be treated as the debt for the purposes of this Act.
Explanation II.-Where a debt has been split up after the commencemnt of this Act among the heirs, legal representatives or assigns of a debtor or a creditor or as a result of a partition and fresh documents have been executed in respect of different portions of the debt, each of the different portions shall be a debt for the purposes of this Act.