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The Agricultural Debtors Act, 1935

( ACT NO. VII OF 1936 )

Power to make rules
55.(1) The Government may make rules for carrying out the purposes of this Act.
 
 
(2) In particular and without prejudice to the generality of the foregoing power the Government may make rules to provide for all or any following matters, namely:-
 
 
(a) the maximum amount of debt which can be dealt with under the provisions of this Act;
 
 
(b) the fees to be paid for anything done under this Act and the persons by whom and the manner in which such fees shall be paid;
 
 
(c) the allowances, if any, to be paid to the Appellate Officer, the Chairman and other members of a Board;
 
 
(d) the office establishment of a Board, the pay, allowances and conditions of service of such establishment;
 
 
(e) the procedure of a Board, and the quorum for a meeting of a Board;
 
 
(f) the forms of application under section 8, of statements of debt under section 11, of awards, of certificates under section 21, of requisitions under sub-section (2) of section 22, and of certificates of discharge under sub-section (5) of section 22;
 
 
(g) the transfer of applications under sub-section (3) of section 8 or sub-section (1) of section 39 and disposal of applications under sub-section (3) of section 8;
 
 
(h) the manner of signing and verification of applications under section 8;
 
 
(i) the manner of giving notice under sub-section (2) of section 12, sub-section (1) of section 13, section 13A, sub-section (2) of section 19A and sub-section (2) of section 25;
 
 
(j) the marking of original documents produced under sub-section (2) of section 14;
 
 
(k) the amicable settlement by a Board of debts under section 15;
 
 
(l) the summoning and examination by a Board of parties and their witnesses, and the production of documents, under sub-section (1) of section 16;
 
 
(m) the determination by a Board under sub-section (2) of section 18 of the amount of the principal of a debt and the amount of interest due thereon;
 
 
1[(ma) the preparation of accounts of receipts and expenses of a creditor under sub-section (5) of section 18;
 
 
(mb) the calculation of the money value of principal or interest referred to in sub-section (6) of section 18;]
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(n) the settlement of debts by a Board under section 19;
 
 
(o) the grant of a certificate under section 21;
 
 
(p) the declaration by a Board under sub-section (1) of section 22 that a debtor is insolvent, the sale of his property and the reduction of his debts;
 
 
(q) the determination of a portion of the immovable property of a debtor as his dwelling house under sub-section (1) of section 24;
 
 
(r) the movable property of an insolvent debtor which shall be exempt under sub-section (3) of section 24 from sale;
 
 
(s) the order of payment of the amount referred to in clause (d) of sub-section (1) of section 25;
 
 
(t) the period within which an application under sub-section (3) of section 13 and sub-section (1) of section 28 shall be made;
 
 
(u) the grant of time under sub-section (2) of section 28 for payment of the amount due;
 
 
(v) the distribution of sale-proceeds and the proceedings of a Certificate-officer under section 29;
 
 
(w) the authorities whose approval is required under section 31;
 
 
(x) the manner of giving notice under section 34 and under section 35;
 
 
(y) the manner of attachment of immovable property under section 37;
 
 
2[(ya) the forms of application under sub-section (2) of section 37A, and the manner of making the estimate referred to in sub-section (4) of that section;
 
 
(yb) the manner in which an opportunity shall be allowed to effect an amicable settlement under sub-section(4) of section 37A;
 
 
(yc) the manner in which the amount of compensation shall be determined under sub-section 6 of section 37A;
 
 
(yd) the manner of calculation of costs referred to in sub-clause(i) of clause(a) of sub-section (7) of section 37A;]
 
 
 
 
(z) the transfer and disposal of applications under section 39;
 
 
(za) the manner of making an appeal under sub-section (1) of section 40;
 
 
(zb) the judicial experience required in the case of certain Appellate Officer under proviso to sub-section (1) of section 40;
 
 
(zc) the procedure of an Appellate Officer and the control and inspection of his work under sub-section (3) of section 40;
 
 
(zd) the manner of review under section 44 of a decision or order passed by a Board or an Appellate Officer;
 
 
(ze) the representation of a party in proceedings before a Board;
 
 
(zf) the manner in which and the period within which awards and certificates shall be registered under sub-section (1) of section 47;
 
 
(zg) the publication under section 48 of awards and of certain orders;
 
 
(zh) the manner assignment of an award under section 53.
 
 
(3) The power of making rules conferred by clause of sub-section (2) is subject to the condition that the rules be made after previous publication.

  • 1
    Clauses (ma) and (mb) were inserted by section 24 of the Bengal Agricultural Debtors (Amendment) Act, 1940 (Act No. VIII of 1940)
  • 2
    Clauses (ya) to (yd) were inserted by section 6 of the Bengal Agricultural Debtors (Amendment) Act, 1942 (Act No. II of 1942)
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