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

StateTamil Nadu Government
Year
Act Info:
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 NO. 17 OF 1976.
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 Tami Nadu State Legislature (Delegation of Powers) Act, 1976 the President is pleased to enact as follows:-

1.Short title and extent -
(1) This Act may be called the "Tamil Nadu Indebted Agriculturists and Indebted Persons (Special Provisions) Act, 1976.
(2) It extends to the whole of the State of Tamil Nadu.

2. Definitions. "
In this Act, unless the context otherwise 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) of section 2 of the Tamil Nadu Indebted Persons (Temporary Relief) Act, 1976, but shall not include the debts and liabilities of an indebted person specified in section 2 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.

3. Interest not to accrue during certain period in respect of certain debts. "
In respect of a debt due on the 22nd day of July, 1975 from an agriculturist or an indebted person, no interest shall accrue during the period commencing on the 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.

4. Amendment of Tamil Nadu Act XXIII of 18943 "
In the Tamil Nadu Pawn brokers Act, 1943, for section 12-A, the following section shall be substituted, namely:-
"12-A, Interest not to accrue in respect of certain loans and pledges not to be disposed of during certain period " (1) Notwithstanding anything contained in this Act or any other law, custom, contract or any decree or order of any court or other authority."
(i) in respect of a loan due on the 22nd day of July, 1975 to a pawnbroker, no interest shall accrue during the period commencing on the 22nd day of July, 1975 and ending with the 15th day of January, 1976; and
(ii) no pledge pawned shall be sold in any manner whatsoever by the pawnbroker during the period commencing on the 22nd day of July, 1975 and ending with the 15th day of January, 1977.
(2) Interest shall accrue in respect of a loan obtained from any pawnbroker after the 22nd day of July, 1975".

5. Act to override other laws, contracts, etc. "
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Indian contract Act, 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.

6. Repeal and saving "
(1) The Tamil Nadu Indebted Agriculturists and Indebted Persons (special provisions) No. 2 Ordinance; 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, as amended by the said Ordinance shall be deemed to have been done or taken under the corresponding provision of this Act or, as the case may be, of the Tamil Nadu Pawn brokers Act, 1943, as amended by this Act.
Tamil Nadu State Acts


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