Tamil Nadu · 1976 · Act 17
The Tamil Nadu Indebted Agriculturists and Indebted Persons (Special Provisions) Act, 1976
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The Tamil Nadu Indebted Agriculturists and Indebted Persons (Special
Provisions) Act, 1976
Act 17 of 1976
Keyword(s):
Agriculturist, Debt, Indebted Person, Interest
1996 : President's Act 171 Indebted Agriculturists 554
and Indebted Persons
(Special Provisions),
PRESIDENT'S ACT NO, 17 OF 1976."
THE TAMIL NADU INDEBTED AGRICULTURISTS
AND INDEBTED PERSONS (SPECIAL
PROVISIONS) ACT, 1976.
[Received the assent of the President on the 16!h April 1976,
first published in the Tamil Nadu Government
Gazit'e Extraordinary on the 17th April 1976
(Chithirai 5 (Nala, 2007-Tiruvall~ivar Anndu)).l
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
Tamil Nadu State Legislature (Delegation of Powers) Act,
1976 (41 of 1976), the President is pleased to enact as
follows :-
1. ( l j This Act may be called the Tamil Nadu shorttitle
Indebted Agriculturists and Indebted Persons (Special andextent.
Provisions) Act, 1976.
(2) It extends to the whole of the State of Tamil
Nadu.
2. In this Act, unless the context otherwise Definitions.
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) s f section 2 of the Tamil Nadu Indebted
Persons (Temporary Relief) Act, 1976, but shall not include
+For Reasons for the enactment, see Tamil Nadu Cove-
Gazette Extraordinary, dated the 17th April 1976, Part IV-s&ion
2, Pages 165-166.
$38 Indebted Agriculturists [l 6 : President's Act 17
and Indebted Persons
(Special Provisions)
4
I i
the debts and liabilities of an indebted person specified in
section 3 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.
I
~nterest not to 3. In respect of a debt due ob the 22nd day of July,
aaNe dur!ng 1975 from an agriculturist or an indebted person, no rzPri interest shall accrue during the period commencing on the
w t s n debts. 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. ,
I
4. [The amendment made by this section has already
been incorporated in the principal Act, namely, the Tamil
Nadu Pawnbrokers Act, 1943 (Tamil Nadu Act XXIII of
1943).]
~ c t to override 5. The provisions of this Act shall have effect not-
other laws, withstanding anything inconsistent therewith contained
contracts~ etc. in the Indian Contract Act, 1872 (9 of 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.
Repeal and 6. (1) The Tamil Nadu Indebted Agriculturists
savmg. and Indebted Persons (Special Provisions) No. 2 Ordinance,
1976 (Tamil Nadu Ordinance 9 of 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 (Tamil Nadu
Act XXIII of 1943), as amended by the said Ordinance shall
be deemed to have been done or taken under the corres-
ponding provision of this Act or, as the case may be,
of the Tamil Nadu Pawnbrokers Act, 1943, as amended