THE ASSAM DEBT CONCILIATION (AMENDMENT) ACT, 1943

ASSAM ACT XIV OF 1943. THE ASSAM DEBT CONCILIATION (AMENDMENT) ACT, 1943. [Passed by the Assatn Legislarore.J (Received the assent of the Governor oo the 9th December 1943. 1 Prt-amble. Short title and ~xtent. Amendment of section 2 of Assam Act X ol 1936. Amendment of section 8 ot Assam Act X of 1936. (Publi~hcd in the Assam Ga<.ttte or the 15th December 1943. An Aclto amend lhe Assam Debt Conciliation Act, 1936. \\'uEREAS it is expedient to amend the Assam Debt Conciliation Act, J 936, in the manner h,.reinaftcr appearing ; It is hereby enacted as follows :- 1. (1) 1 his Act may be called the Assam Debt Conciliation (Amendment) Act, 1943. (2) It shall have the like extent as the Assam Dt•b t Conciliation Act, 1936, hereinafter referred to as the principal Act. 2. In section 2 of the priucipal Act- (i) .Fo1· clause (c) the following shall be sul.,stt­ tutc:l, namely:- '(c)" Creditor" means a person to whom a debt i!. owing and includes his heirs, executors, ad­ ministrators and assigns, and it also includes a Co-operalive Society registered under the Co­ perative Societies' Act (II of 1912).' (ii) For clause (e) the following shall be mb­ stitutcd, namely:- ' (e) "Debtor" means a person who owes a debt and who earns his livelihood mainly by agricul­ ture-, and includes his heirs, executors, adminis· trator~ and assigns. ' 3. In section 8 of the principal Act- (i) in sub-section ( I) between the words "by the debtor" and "Such statement " the following ~hall b'! inserted, namely:- "and to appear personally or by an authorised agt-nt before the Board on Lhe date fixed for the examination of the statement or settlement of the case" ; and Price 1 anna or ld. Assam Act X of 1936. Assam Act. X of 1936. I 2 (iiJ in sub-section (2) after the word "Board'' where it first occurs the words "or in respect of which the creditor fails to appear " shall be inserted ; and after the word "discharged " a " comma" shall be substituted for the •·colon", and the words "and any property of the debtor in possession of such creditor shall be released within 30 days from the date of passing of such order:" shall be inserted. Amendment 4. In sub-section (2) ofseetion 1 2 of the prin­ ofsection 12 cipal Act, after the \\Ord " prescribed" the of Assam comma and the words " and it ~hall then take ~~;6 X of efft>ct as if it were a decree of rhe Civil Court. ·• · · !'hall be omitted. Amendment of section L3 of Assam Act X of 1936. 5. I n section 13 of the principal Act- (i) in sub-section (lJ for the words '' as an a rrear of land revenue " the words and figures " under the procednre laid down in se'iion 69 of the Assam Land and Revenue Regulatwn, 1886" shall be substitute-d ; ( ii) in sub-section ( 3) for the words "as au arrear of land revenue " the words, figure and brackets " under th'.! provisions of sub-section (l} " shall be substituted ; and (iii) for sub-section (4) the following shall be substituted, namely :- "(1} When the Deputy Commi.;sioner certifies under sub-section (3) that any debt is irrecover­ able such certificate shall be deemed to be a decree and the creditor to be the decree-holder wi1llin the meaning or the Code of Civil Pro­ cedure, 1Q08, and the nearest Civil Court by which anr decree for like amount could be "'xccuted shall, for the purposes of the said Codt', be dl'emed to be the Court which passed the decree, and all the provisions of that Cod e as to the execution of decrees shall apply accord­ mgt\." Amendment 6. I n sub-section (1) of section 21 of the ofsection 21 principal Act, after the words « Civil Court " the :>Af Asxsam f words " or a R evenue Court " shall be added. ~l 0 1936. /\.G. P. (L.C.) No.I03-750+7S0-2l-6-19~4. Regulation l of 1886. Act V of 1908. scan0001 scan0002