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The Agricultural Debtors Act, 1935

( ACT NO. VII OF 1936 )

[ 9th April, 1936 ]

Definitions
2. In this Act, unless there is anything repugnant in the subject or context,-
 
 
(1) "agriculture" includes horticulture and dairy farming and the use of land for any purpose of husbandry inclusive of the keeping or breeding of livestock, poultry or bees and the growing of fruits, vegetables and the like;
 
 
(2) "amount payable under an award" means an amount included under clause (d) of sub-section (1) of section 25 in an award as payable by a debtor in respect of any debt, or any part of such amount which remains unpaid, together with any interest on such amount or part thereof which is due under the award;
 
 
(3) "Appellate Officer" means an officer appointed under section 40;
 
 
(4) "award" means an award as made by a Board under sub-section (2) of section 19 or sub-section (6) of section 22 or sub-section (5) of section 37A, or as confirmed or modified by an Appellate Officer under sub-section (5) of section 40 or under section 40A;
 
 
(5) "Board" means a Debt Settlement Board established under sub-section (1) of section 3, and includes an officer or the Collector authorised under the proviso to section 4;
 
 
(6) "Certificate-officer" means a Certificate-officer as defines in the Public Demands Recovery Act, 1913;
 
 
1[(6A) "Civil Court" means a Civil Court within the meaning of the 2[Civil Courts Act, 1887], and includes any Court exercising appellate or revisional jurisdiction over any such Court.]
 
 
(7) "Collector" includes any officer appointed by the Government to exercise any of the powers of a Collector under this Act;
 
 
(8) "debt" includes all liabilities incurred prior to the first day of January, 1940 of a debtor in cash or in kind, secured or unsecured, whether payable under a
 
 
 
 
 
 
decree or order of a Civil Court or otherwise, and whether payable presently or in future, but does not include the following:-
 
 
(i) any amount the liability for the payment of which is only contingent;
 
 
(ii) any rent not due at the time when a Board determines the amount of debts under section 18;
 
 
(iii) any share of the produce of land on payable on account of land cultivated under the system known as adhi, barga or bhag;
 
 
(iv) any amount recoverable as a public demand, except
 
 
(a) an amount referred to in sub-section (1) of section 28;
 
 
(b) arrears of rent payable on account of the use or occupation of land held by a tenant; and
 
 
(c) any sum referred to in Article 12A of Schedule I to the Public Demands Recovery Act, 1913 or any sum ordered by a liquidator under any Act of 3[Parliament], for the time being in force, relating to co-operative societies, to be recovered as a contribution to the assets of a co-operative society or as the cost of liquidation thereof;
 
 
(v) any amount a suit or application for the recovery of which is barred by limitation, or which is otherwise irrecoverable under the law;
 
 
(vi) any debt due to any bank for the time being included in the list of banks maintained under 4[Clause (1) of Article 37 of the Bangladesh Bank Order, 1972].
 
 
(9) "debtor" means a debtor whose primary means of livelihood is agriculture and who
 
 
(a) is a raiyat or an under-raiyat, or
 
 
(b) cultivates land himself or by members of his family or by hired labourers or by adhiars, bargadars or bhagdars;
 
 
and includes a group of persons who join in making an application under the provisions of sub-section (1) of section 9 and any person who, by virtue of the provisions of sub-section (7) of section 37A shall be deemed to be a debtor;
 
 
(10) "loan" means loan whether of money or in kind, and includes any transaction which is, in the opinion of a Board, in substance a loan;
 
 
(11) "notification" means a notification published in the official Gazette.
 
 
5[(11A) "original principal" means the loan as originally borrowed, excluding any amount of interest on such loan which may at any time have been included as principal;]
 
 
(12) "prescribed" means prescribed by ruled made under this Act;
 
 
(13) "settlement" includes an amicable settlement and a settlement or adjustment made by order of a Board;
 
 
(14) "supplementary income" means any income derived by the debtor from any source other than agriculture;
 
 
6[(14A) "tout" means a person who habitually frequents the precincts of the office of a Board except-
 
 
(a) for the purpose of his own proceedings before such Board, or
 
 
(b) as an agent of a party permitted to represent such party under section 46;]
 
 
(15) the expressions "landlord", "raiyat", "under-raiyat" and "rent" have the same meanings as in the Bengal Tenancy Act, 1885.
  • 1
    Clause (6A) was inserted by section 2 of the Bengal Agricultural Debtors (Amendment) Act, 1940 (Act No. VIII of 1940).
  • 2
    The words, comma and figure "Civil Courts Act, 1887" were substituted, for the words "East Bengal Civil Courts Act" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
  • 3
    The word "Parliament" was substituted, for the words "the Provincial Legislature" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
  • 4
    The words, brackets, figures and comma "Clause (1) of Article 37 of the Bangladesh Bank Order, 1972" were substituted, for the words, brackets, figure and comma "sub-section (1) of section 37 of the State Bank of Pakistan Act, 1956" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
  • 5
    Clause (11A) was inserted by section 2 of the Bengal Agricultural Debtors (Amendment) Act, 1940 (Act No. VIII of 1940).
  • 6
    Clause (14A) was inserted by section 7 of the Bengal Touts Act, 1942 (Act No. V of 1942).
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