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The Tamil Nadu Indebted Agriculturists (Temporary Relief) Act, 1954 Act 5 of 1954 Keyword(s):
Agriculturist, Debt, Land, Ordinance, Pay, Suit AND WHEREAS it is in lh: ilrtmesls of thc g~.nerai public that, at the present time, ogncuiiurlsls r e sparcd the distractions and expeud iturc involved irk lit ig l t ion launched by their creditors, in order that the maximum possible advantage miiy resdt to the Wste in t k m:~rter of production of food crops ; J t is hereby enacted as follows :-
1. (1) This Act may be callcd the tlpsrili! Nadu] In- Short debted Agriculturists (,Tr mpornry Relief) Act, 1954. extent and commencemen t. (2) It extends Lo tllc whblc of the '[Statc,of Taolil Nadu .]
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(3) Jt shall come into force at once.
2. In this Act, unles~ Lhc context otherwise requires,-
(a) ' :lgrict!lturist ' I I IC~I IS a person who owns an interest in land, i t t1~1 W~UI, by reason of srtcl~ i l l t~~i-cst, is it1 possession of such laad or is in receipt o f i l ~ c rcllts or profits therc - and shalj include n lessee ; biit sh311 not include -
(i) a firm rcgistcr-ed uc~der the Indi311 P:~~,tnership Act, 1932 (Central Act IX of 1932), or a cornpany as defined in 3the T ~ ~ d i a ~ l Companies Act, 191 3 (Central Act VII of 1913), or a ~orporation f ~ r m c d in pursuance of an Act of Pnrliamcn~ of the United Kingdom or of any specinl Indian law ; or
(ii) any person wl~o was nssessed to income-tax under the Indian Income-tax .4ct (Centrcll Act XI j 922) in any of th? years 1951 -52, 1952-53, 1953-5.4.
-- - -- - - - - . I 1 These words were substituted for the word "ivladrasw by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969.
2 'This expression was substituted for the expression " State ~fMadras " by the Ta~liil Nadu Adaptation of Larvs Order, 1969, as amended by t'la Tamil Nad.1 Adaptation of Laws (Second Amendment) Or ier, ! 969 I 8 $ee now the Companies Act. 1956 (Central Acl I 2t' 19560 , 288 Indebted AgrirtuZ~rists I954 : T.N. Act B (Tempera ry Relief)
(3) In the case of suits or applicac ions of the nature mentioned in section 3, instituted or made a,gamst ao agriculturist, the pro visions of the ItTamil Nadu) Tenants and Ryots Protaction Act, 1949 (garnil Nadu] Act XXIV of 1944),or of section 5 4 ~ se~:ion 55of the Muhbar Tenancy (Amendment) Act, 1951(ITamil NadulAct XXXIIl of 1951) shall not have effect in so far as i he said provisions are in consistent with the provisions of EU b-sectio13 (1).
5. (1) In computing the period of limit ar ion or lilnit of time prescribed for a suit for the recovt:ry of a debt or an of time for limitation. application for the axecbtion of a decree passed in such suit, the t irne during wbicht he institblion ul'! lie suit or the making of ihc application wds barred by seclion 3 of the Ordinance or section 3 of this Act, os during which the plaintiff or his predecessor-in-title, believing in good bi th that section 3 of the Ordinance ctr seer ion 3 cl' this Act applied to such suit or such appiication, refrained from instituting the suit or making the application, sliall be excluded.
Bxpla~tion.--'6 good faith " shall have the meaning assigoed to it in section 3 (22) of the General Clauses Act, 1897 (Ckntral A st X of 1897).
(2) Where in a suit or an application in which the quest ion of the exclusisn of time under sub-section (1) arises, the defendant or the respondent, or one of the defendants or respondents, with respect to whom the .question is raised, would have been an agriculfurisi but for the fact that in the year ending 1951-52, 1952-53, or 1953-54 he had been assessed to income-tax (Central Act XI of 1922), it shall be conclusively presumed that, in refraining from i n s h t i n g the suit or making the appliation,the creditor believed ingood faith that suchciefeuda~t or respondent was an agricultur is1 . - -- -I-__C These words were substit utcd for the word '"hladra s " by the Tamil Nadu Adaptation of Laws Order, 1963, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment: O e , 1969.
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Y d iramfer of illlmovilble nrowrtv hrr , A-r. -- - - - -- - -- . - V A w ~ b UI urlay uxmtorso1 the transferor.
rhe State Government may make rules to carry out Power to he purposes of this Act.
=- -rrA 6 J uy Q u~ul;Or Effect of the benefit of section 3,r section 4, made after transfer of encement of the Ordinance and '[before the immovable property by "March 19551. shall, in any suit or other proceeding, with the ',be presumed, u n ~ i l the contrary is made with iut&t tn c?~fea+ nr A-1--.