The Agricultural Debtors Act, 1935

( ACT NO. VII Of 1936 )

1An Act to provide for relief of indebtedness of agricultural debtors in Bangladesh.

 
WHEREAS it is expedient to provide for the relief of indebtedness of agricultural debtors and to amend the law governing the relations between agricultural debtors and their creditors;
 
 
[* * *]
 
 
It is hereby enacted as follows:-
 
 
 

CONTENTS

SECTIONS

1. Short title, extent and commencement

2. Definitions

3. Establishment of Debt Settlement Boards

4. Power of Government to cancel appointment of Chairman and members of, or to dissolve, a Board

5. Delegation of power to Commissioner

6. Tenure of office

7. Government may invest Boards with certain powers

8. Application for settlement of debts

9. Application for settlement of join debts

10. Form and verification of application

11. Statement of debt to be included in application

12. Procedure on receipt of application

13. Further statements of debts

13A. Notice to persons in possession under a creditor

14. Production of documents

15. Board to attempt amicable settlement

16. Power of Board to require attendance of persons and production of documents and to receive evidence

17. Dismissal of applications

18. Determination of amounts of debts

19. Settlement of debts

19A. Delivery of immovable property to debtor

20. Decision by Board as to whether a person is a debtor

21. Grant of certificate in respect of certain debts

22. Adjustment of an insolvent debtor's debts

23. The Principal of certain debts not to be reduced

24. Exemption of certain property of an insolvent debtor from sale

25. Awards

26. Special provision for arrears of rent

27. Existing mortgages, etc., to subsist

28. Recovery of amounts included in an award

29. Distribution of sale-proceeds

30. Distribution of balance of sale-proceeds when land is sold in execution of a decree or certificate for arrears of rent

31. Settlement of debts of a member of a co-operative society

32. Stay of proceedings before the Boards

33. Bar to suits and proceedings in Civil and Revenue Courts

34. Stay and statement of suits and proceedings

35. Bar to execution of certain decrees and certificates

36. Certain decrees to be treated as nullities

37. Attachment of debtor's immovable property

37A. Applications for restoration to possession of immovable property sold in execution of decrees or certificates for debt

38. Bar to appeal or revision

39. Transfer of applications from one Board to another

40. Appeals

40A. Revision

41. [Omitted]

42. Reference to Appellate Officer

43. Control over Board

44. Power of Board to review its order

45. Certain Acts not to apply to the proceedings under this Act

46. Representation of a party before a Board

46A. Power to frame and publish lists of touts

46B. Report to Sub-divisional Magistrate against suspected touts

46C. Hanging up of lists of touts in Board's offices

46D. Presumption as to touts

46E. Complaint to Sub-divisional Magistrate against touts found within precincts of Board's office

46F. Penalty

47. Registration of awards and certificates

48. Publication of orders and awards

49. Chairman and member of Boards deemed to be public servants

50. Proceedings deemed to be judicial proceedings

51. Indemnity

52. Extension of period of limitation

53. Negotiability of awarded amounts

54. Penalties

55. Power to make rules

56. Penalty or breach of rules

57. Certain fees recoverable as public demands

Schedule

SCHEDULE