ORISSA ACT 5 , OF . 1981 THE ORISSA DEBT RELIEF ACT* 1980 [Received the assent of the President on the 25th February 1981, first pubGshed in an extraordinary issue of the Orisxa Gazette, dated the 13 th March 1981 J BE it enacted by the Legislature of the State of Orissa in the Thirty-First Year of the Republic of India, as follows:- short rIffe, 1. (1 ) This Act may be called the Orissa Debt Relief Act, 1980.
merit and cornmenee- !
menr (2) It, extends to the whole of the State of Orissa.
1 . (3) It shall come into force atonce.
~ s f f nitions . 2. Zn this Act, unlesb the context othenvise require* , a . to) " I a g r i ~ ~ i t ~ r ~ l phb0urer" means a person who follolvs a ~ y one , : :or more of the foUowiag agncu~tural operations in the capacity of a - labourer on hire or exchange, wllether paid in cash or in kind oi partly in cash and nr t ly in kind and who does not holc' more than our standard acle of knd slnd whose annul income does not exceed two th~usard ana four hulldred lupees :- , , ( i ) iaiining including cultivaiion and tillage of soil, etc., . . ' : , . - . (ii) dairy farming, ' ( i i i ) production. cultivation, growing and harvesting of any horticultule commodity, {iv) raising of livesrock, bees -or poultry, and --..
(v) my practice performed on a farm as incidentalto ar in mnjuction with farm operations (including any forestry or timbering operations) and preparadon for market and delivery to storage or to market or to carriage for transportation 01 farm products ;
(b) 4'bank'' mean&
(i) a b8nking company as defined in the Banking Regulation Act,1949 ; looflw .- .
' ', (ii) the State Bank of India constituted under the State Bank of In&a 21 .of 1955 Act, 1955 ;
(iii) a subsidiary bank as defined in the State Bank of India (Subsidiary 38 or 19s Banks ) Act, 1959 ;
(iv) a corres'ponding new Bank constituted under the Banking Compauies 5 ,f 1 ~ 0 . . ( Acquisition and Trsnfer of Undertakings ). Act, 1970 ;
(v) the Agricultural Refinance and Development ~oiporation, constitute I0 aC 1963 u d e r the Agricultural ~efinance andKDevelopment Corporation Act, 1963 ;
(YO the Agricultural Finance Corporation, a Company incorporated under 1 or 1956 the Companies Act, 1956 ; . . . .
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(vil) a Regional Rural Bank established under the .Regional , . Rural , Banks 21 of 1976 Ad, 1976 ;- and .
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(viii) any other fi&~cial ksti~tion notified b] the S W Goycrnment in the oficial Ga;%ette as a bank for the purposes of -thisL -Acl ;
- . - . . - Par ~ts&$nt,of object. and rd115onn see . O W ~ d $ r l r , &ordinary, dated , ! I tht5thSeptember 1980;~:.'(H0..1201, . . ' . . . . -- . . id--4 , . . , , , . - , . . -. ,.,, .-.- . .. _. ._. . .- l"H3 ORISSA DEBT RELIEF ACT, 1980 ' . [Oris~a Act 5 of 19811
(c) "Civil Court" inc ludes
(i) any court exercising jurisdiction under the Provineid Insolvency Act, 1920 ; and 5 of 1920 , (ii) a court csercising p l w c r s under the Provincial Small Cause Courts Act. 1887 ; 9 of 1887
(d) "Co-operative society" meam a society register& or deemed to have b m odsm ~d 2 registered under the Orissa Co-operatiye Societies Act, I962 ; of 1963.
(e) "debt" means all IiabiIiLies Lo a mooey-lender in cash or kisd secured or .
unsecured, payable undcr a dscree or order OF a CiviI Court or other wise includins any tn::saction which is in subshnw a dcbt, and subsisting on the date of the commel~cs~nant of this Act whether due or not due 4 Cf) "money-Iendef' mans n mouzy-lend= as de6ned in the Orissa Monq O r l ~ Ad 3 Lenders Act, 1939 ; of 1939.
Cg) "rural artisan" means a perion who does: not hold any agricultural land and whose principal lucans bf livelihood is production ' 'or repair of mdil~onal tools, iniplcments~ and , other arLicIes or thiags used f o ~ agriculture or purposes ancilla$ thereto and also'a person who normally earns: his livelihood b y - p n c t i s i ~ a cmft either. by his own labour or by the labour of the member;; of his family in the rural area and whose a ~ u a l income does no; excczd two thousand and four handred rum;
Ih) "scheduled debtor" ium nc: a p:rsiln who is a timall fame r or a rural a r h n or an agricultur~l Ibbourcr and . who is prdhrily resident in the State of Orissa;
(i) ''hmaI1 farmer" means a h r ~ n z c - lvho o m land measuriqj not more than one standad acre and wt~oscprincipal source of inwme is aficulture or any allied occupations; - , , , .
OrIm Ael "standard acr:!' mebus; a , s~andard . acre a defined rn the O r b Land I6 1960. Reforms Act, ,1960. - ' ~l~lcbarge of 3. (1) Notwithstanding anything contained in any other Iaw for the,time being debt In force or in any contract or other i~stnrment having force of hw by virtue of - scheduled debtors a.d any such law, and save & othenvise 'expressly provided by section 5, every debt ,mq,, : Incurred by a , scheduled debtor, before the., commemment OF ,this Act including the of aiiount of interest, if any, payable or1 such debt shaU be deemed t o have been wholly such a- discharged, andcharge. . .
(a) no such debt due from a scheduled debtor shaU be recoverable from him or from .any movable or immovable property helonging to him, nor shall any such property be liabIe:,.Lq be attached or sold or be proceeded against in, any manner in the execution of any decree or oder relating-to such':debt; . ,
(b) no Civil Court shall entertain any suit or proceedmg against a scheduled . debtor for the recovery of such debt or any portion thereof or any interest due thereon: I . . Provided that : where - a .' sui t - or proceed in^ is instituted jointly against a schduled d e b t ~ r and any other person, n'othing in ihis clause, shall apply to the mantainability ,of. a ., suit or proceeding in, so far as it f elates to sUch I .: ' - *the? - , person'; . : . .::, ,+, - - - . , - .. . , . - .. . . . , >,![!:: , .:, ' - , r . .., - ' ,. r - 1 . I . , . !
(c) all suits ' and - proceeding5 (indading , appeals, revisions, procdbw . : . . - , . i n ex~ulipn i and: attachment), ; ;pgnding. on ,the &te :, of commencement of this Act for the recovery of,, aqhp,s~chbdebt or ihterest 'due . thereon , 'against a scheduled debtor shall abate:
~ '- ORISSA DEBT R E L W ACT, 1980 C Orisd Act 5 of 1981 ]
Provided. that where .a suit or proceeding, is pending jointly ap lns t schduled debtor-,' ,arid any other person it shall not abate in so fa as the ckdm against such other person i s concerned:
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. -. , - . . . I.,. . - : . I , , m . . , provided further that if a sale in an exccution proceeding against a scheduled debtor has ,: been 'confirmed before the cocnmenoement of this Act, a proceeding to give effect' -to the sale shall be naithm barred nor shall it abate;
(d) every scheduled debtor undergoing detention in a civil prison in execution of any decree for money passed against hiu by a Civil Court in r e s w of any ' such, debt shall be released ; and . , , , , , . , , . ., , , . .
(e) eve y prdperty - pledged by a- scheduled deb tor shall on the commen&ment of thin Act, sbnd released in favour of such dcbtor, and the creditor , . shall be beyond to return the same to the debtor forthwith.
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(2) Nothing in' this -s&db;n shall b e ' - ' d n s h e d to cntilIe any schduled d=btot to refund . of any part, of a debt already , repaid by him or remvercd from him - . . - before the- commencement of - this ,Act;-!:, ,'- : . - . .
Ammm 4. An agreement, whether entered into before or after ehl: c~smmencement of fol w d n p this Act, whereunder a scheduled debtor or any member of his i'nmily is required to worB a s l p b o m as a labourer or othenvise in lieu of a debt, shall be void and any such cmbm OE ' f n l l u e Of hat ion shaU cease to prevail. do bt to k qold .
Cortatn 5. Nothing in this Act shalI affect the following categories of debts and liabilities debts, of scheduled debtor-- 11 abil~rlen n a ~ to be {a) any liability in respect of maintenance whether uudcr a decree of a muat effected . or not;
(b) any debt due to- (0 the Central Government or any State Government,
(ii) any local authority,
(iii) any bank,
(iv) any co-operative society ;
(c) any rent due in respect of any property let out lo a debtor;
(4 any liability arising of breach of trust or any tortuous liability;
(e) any liability In respect of wages or remuneration due as aalary or othemse for services rendered; and (fl any debt which represen1s the Price of goods pwhaged by a debtor.
Penalds . 1[6. (1) If any person w W y contravenm any provision-of this Act or of any rnlo made thereunder, or fatls to comply with any lawful order made thmeandur or contravenes any such order, he shall be punishable with imprisonment of eithw description which may extend to two years or with b e wach may extend to two t h o a d rupees or with both.
(2) The State Government may coder, on an Bxecutive MagisCrate, the powers of a Judicial Magistrate OF the h t Class or of the semnd &ss for trial of offences.
mder sub-section (1) , and on such conferment of the powers, the Execudvo Magistrate, on whom the powers are so waferred, shall be deemed, for the purposes of the Code of Cnminal Procedure. 1973, to be a Judidd Magistrate of of 19,1 the first claw or of the second class, as the w may be :
1. Substituted by the Orlna Debt ReIieF (Amcndmsnt) Act, I987 (Orissa Act 1 of 1988) s .2.
THE ORISS DEBT RELIEF ACT, 1980 . [Orissa Act 5 d, 19811
Provided that no Magistme shall take cognizance of any offence except wi& the previous ssnctidn of the Collector of the district. .
I (3) An offence under this Act may be tried summarily by a Magistrate].
Powsf of 7. The State Government may- make rules , nbt hionsistent with the provisions sate Government of t b i s Act to carryout all or any of the purpose of this Act.
to make dm. . , , .
. , power to 8. (1 ) If any d8iculty arises.in giving effect to the provisions of this Ad, remm State Government may, by order do anything not inconsistent with such provisions d l h ~ c d t i a .which appears to them to be necesssfy or expedient for the putpose, of removing the dil3urlty.
(2) No order under sub-section (1) shall be made after the expiration of a period of three years from rhe commencement of this Act. , Bepcsl. 9. Section 12 of the Orissa Mony-Lenders (Amendmeat) Act, 1975. -. is hereby 0- Act repealed. 54 OP i ~ s .