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1 The Andhra Pradesh Scheduled Tribes
Debt Relief Regulation, 1970
(Regulation III of 1970)
arrangement of Sections
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Short title, extent and commencement |
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Definitions |
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Certain debts and liabilities not to be affected |
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Scaling dawn of debts |
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Special provision in respect of mortgages with possession |
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Application of Certain Sections of Regulation II of 1960 |
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Bar of suit and applications |
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Power to make rules |
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Amendment of Regulation I of 1960 |
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A Regulation to provide for the Relief of indebtedness among the members of the Scheduled Tribes in the Scheduled Areas in the State of Andhra Pradesh.
Whereas economic and educational backwardness of the members of the Scheduled Tribes in the Scheduled Areas in the State, has led to wide scale exploitation those of members by money-lenders resulting in high incidence of indebtedness among those Tribes;
And whereas there is reason to believe that there is large scale contravention and circumvention of the provisions of laws relating to money lending and money lenders as applicable to the Scheduled Areas in the State by the money-lenders, including unlawful practice of obtaining promissory notes for amounts greater than those actually advanced to the Tribes;
And whereas for the peace and good Government of the Scheduled Areas, it is expedient to relieve indebtedness among the members of the Scheduled Tribes by further scaling down their debts and by barring legal proceedings for the recovery of debts for a period of two years:
And whereas for the effective enforcement of the provisions relating to money lending in the Scheduled Areas it is expedient to amend the Andhra |
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1. Published n the A.P. Gazette, (Ext.) Part IV-B Page 1, dt. 13 th August, 1970 Pradesh
(Scheduled Areas) Money Lenders Regulation. 1960, so as to render all loans granted by unlicensed money-lenders null and void, and unenforceable in any Court of law.
Now, therefore, in exercise of the powers conferred by sub-paragraph (2) of paragraph 5 of the Fifth Schedule to the Constitution of India, the Governor of Andhra Pradesh, with the assent of the President, hereby makes the following Regulation in the Twenty-first Year of the Republic of India. namely- |
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| 1. |
Short title, extent and commencement:- (1) This Regulation may be called the Andhra Pradesh Scheduled Tribes Debt Regulation, 1970. (2) It extends to all Scheduled Areas in the State of Andhra Pradesh. |
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It shall come into force in all or any of the Scheduled Areas on such date, as the Government may, by notification in the Andhra Pradesh Gazette, specify and the Government may cancel or modify and such notification. |
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| 2. |
Definitions:- In this Regulation, unless the context otherwise requires all words and expressions used and not defined in this Regulation but defined in the Andhra Pradesh Scheduled Tribes Debt Relief Regulation, 1960 shall have meanings assigned to them in that Regulation. |
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| 3. |
Certain debts and liabilities not to be effected:-Nothing in this Regulation shall effect debts and liabilities of members of a Scheduled Tribe falling under the following heads: |
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any revenue; tax or cess payable to any State Government or the Central Government including the Government in a Union Territory or any other sum due to them, by way of loan or otherwise; |
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any tax or cess payable to any local authority or other sum due to it, by way of loan or otherwise; |
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any liability in respect of any sum due to any co-operative society, including land mortgage bank registered or deemed to be registered under the Andhra Pradesh Co-operative Societies Act, 1964; |
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any liability in respect of any sum due to a bank. |
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Explanation :- For purposes of this Regulation, "bank" means a banking company as defined in Section 5 of the Banking Regulation Act,1949 and includes the State Bank of India, constituted by the State Bank of India Act,1955, a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 and a corresponding new bank as defined in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 and any other financial institution notified in this behalf by the State Government. |
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| 4. |
Scaling down of debts:- |
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Notwithstanding anything in any law custom, contract, decree or order of a Court to the contrary, all debts incurred by a member of a Scheduled Tribe before the date of commencement of this Regulation and outstanding as on that date, whether such debts are incurred within or without the Scheduled Areas, shall be scaled down in the manner mentioned in sub-section(2) and in accordance with the provisions of this Regulation. |
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(a) The amount of debts shall be limited to the amount of the principal as originally advanced; and only the principal or such portion thereof as may be out standing shall be deemed to be that amount repayable by such member on that date. |
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(b). No interest shall be payable and all interest outstanding on such date in favour of any creditor of a member of a Scheduled Tribe, whether the same be payable under any law, custom or contract or under any law, custom or contract or under any law, custom or contract or under a decree or order of a Court, shall be deemed to be discharged. |
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(c). Where any member of a Scheduled Tribe has paid to any creditor any amount in excess of or equal to the amount of the principal, whether by way of principal or interest or both, such debt including the principal, shall be deemed to be wholly discharged. |
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(d). Where the sums repaid by way of principal or interest or both fall short of the amount of the principal, such amount only as would make up that shortage shall be repayable. |
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Explanation I :- In determining the amount repayable by a debtor under this sub-section, every payment made by him shall be credited towards the principal. |
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Explanation II: - Where a debt has been renewed or included in a fresh document executed before or after the date of commencement of this Regulation, by the same debtor or by any other person acting on his behalf or in his interest in favour of the same creditor or of any other person acting on his behalf or in his interest, the principal originally advanced together with such sums, if any, as have been subsequently advanced as principal shall alone be treated as the principal sum repayable under this sub-section. |
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For the purposes of this section:- |
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nothing in sub-section (1) shall be deemed to require the creditor to refund any sum which has been paid to him; |
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where the principal was borrowed in cash with an agreement to repay it in kind, the debtor shall, notwithstanding such agreement, be entitled to repay the debt in cash, after deducting the value to all payments made by him in kind at the rate, if any, stipulated in such agreement, or at the market rate prevailing at the time of each payment, whichever is higher; |
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where a debt has been split up, whether before or after the commencement of this Regulation, among the heirs, legal representatives or assigns of a debtor or of a creditor and fresh documents have been executed in respect of the different portions of such debt, the provisions of this Regulation shall continue to apply in respect of each of such portion; |
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the burden of proving that the amount of debt has been lent to a member of a Scheduled Tribe shall be on the creditor, notwithstanding the fact that such amount of debt is undertaken to be paid under a promissory note. |
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| 5. |
Special provision in respect of mortgage with possession:- |
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This section shall apply to every mortgage which was executed by a member of a Scheduled Tribe at any time before the date of commencement of this Regulation and by virtue of which the mortgagee is in possession of the whole or a portion of a property mortgaged to him,- |
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Where no rate of interest is stipulated; or |
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Where a rate of interest is stipulated in respect of the principal amount secured by the mortgage or any portion thereof, in addition to the usufruct from the property or in respect of any other sum payable to the mortgagee by the mortgagor in his capacity as such. |
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Explanation:- |
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A mortgagee shall be deemed to be in possession of the property mortgaged to him, notwithstanding that he has leased it to the mortgagor or any other person. |
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The provisions of Section 9-A of the Andhra Pradesh (Andhra Area) Agriculturists Relief Act, 1938, other than those relating to the payment of interest shall, so far as may be, apply in relation to the mortgages referred to in sub-section (1) as the apply in relation to mortgages with possession governed by the said Act, subject to this variation that for the words "thirty years" wherever they occur in the said Section 9-A the words fifteen years" had been substituted. |
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| 6. |
Application of certain sections of Regulation 11 of 1960:- |
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The provisions of Sections 7,8,9,10,11,12,13,14,15,16, and 17 of the Andhra Pradesh Scheduled Tribes Debt Relief Regulation, 1960 shall apply to the matters governed by this Regulation subject to the following variations, namely. |
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In Section 7, the expression "Sections 5 and 6" the expression "Sections 4 and 5" shall be deemed to have been substituted; |
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In sub-section (1) of Section 8, for the words "after the commencement of this Regulation" the expression "after the commencement of the Andhra Pradesh Scheduled Tribes Debt Relief Regulation, 1970 shall be deemed to have been substituted. |
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| 7. |
Bar of suit & applications:- |
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No suit for the recovery of a debt shall be instituted, no application for the execution of a decree for payment of money passed in a suit for the recovery of a debt shall be made, and no suit or application for the eviction of a tenant on the ground of non-payment of a debt shall be instituted or made, against any debtor in any court before the expiration of two years from the date of commencement of this Regulation. |
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All further proceedings in suits and applications of the nature mentioned in sub-section (1) in which relief is claimed against debtor, not being proceedings for the amendment of pleadings or for addition, substituted or the striking off of parties, stand stayed until the expiration of two years from the date of commencement of this Regulation. |
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Provided, that in regard to property under attachment, the court may pass such orders at is deems necessary for the custody or preservation of the property or for the sale of such property if its is subject to speedy or natural delay, or, if in respect of it, the expenses of custody or preservation are considered expensive. |
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In computing the period of limitation or limit of time prescribed for a suit for the recovery of a debt or an application for the execution of a decree passed in such suit, the time during which the institution of the suit of the making of the application was barred by sub-section (1) or during which the plaintiff or his predecessor-in-title, believing in good faith that this section applied to such suit or such application, refrained from instituting the suit or making the application, shall be excluded. |
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Every transfer of immovable property by a debtor entitled to the benefit of this section made after the date of this Regulation and before the expiration of two years from such commencement shall, in any suit or other proceeding, with respect to such transfer presumed, until the contrary is proved, to have been made with intent to defeat or delay the creditors of the transferor. |
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| 8. |
Power to make rules:- |
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The Government may, by notification published in the Andhra Pradesh Gazette, make rules for carrying out all or any of the purposes of this Regulation. |
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| 9. |
Amendment of Regulation I of 1960:- |
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(Amendments carried out in Regulation 1 of 1960). |
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