(U.P. Act No. XIII of 1940)

1940 · State unknown · central · act_text

Sections (52)

1 · (1) This Act may be called the United Provinces Debt Redemption Act, 1940.

1 · . This Act was made by the Governor in exercise of the powers assumed by him by the Proclamation. D. Nov. 3, 1939, issued under Sec. 93 of the G. of I. Act, 1935, and was published, with S. O. R. in Gaz,. 1942. Pt. VII -A. pp. 7-8. It was re-enacted and continued by s. 2 and Sch. of U. P. Act XIII of 1948.

2 · . See Gaz., Extra., d Nov. 3, 1939.

3 · . This act has been extended to the portion of the Mirzapur District, lying south of the Kaimur rang, see not no. 93/I-134-43. d, Aug. 24, 1945. pt. I, P.268. The Act has also been extended to the merged States of Rampur, Banaras and Tehri-Garhwal by the Rampur (Application of Laws) Act, 1950 and the Banaras and Tehri -Garhwal Application of Laws) Orders, 1949, respectively.

4 · . Subs. by the A. O. 1950 for (the United Provinces).

5 · . The Act came into force on January 1, 1941, see notification no. 158 (1)/1-39 at December 13, 1940, published in Gazette on December 28, 1940, Pt. 1., P. 822

2 · In this Act unless there is anything repugnant in the subject or context — Interpretation

2 · . The words (or in British India or in any Indian State) omit, by ibid.

4 · . Subs. by ibid the Central Legislature.

2 · or by a local authority authorized by the [State Government]

2 · to make advances or by a cooperative society or by a scheduled bank ;

3 · [(10) "local rate" means the rate, which under the United Provinces Local Rates Act, 1914, is payable by, or recoverable from an agriculturist possessing heritable and transferable rights ] ,

1 · . Subs. by the A. O. 1950 (the United Provinces.)

2 · . Subs. by the A. O. 1950 for (Provl. Govt.)

3 · . Subs. by s. 2 of U. P. Act VI of 1942, made by the Governor in exercise of the powers assumed by him under s. 93 of the G. of I. Act, 1935, for the following ;

3 · For the purposes of this Act —

4 · (1) The provisions of this Act shall not apply to a suit for the recovery of a loan from an agriculturist where the creditor declares in accordance with the provisions of sub-section (2) that if a decree is passed in his favour either for the whole or part of the claim such decree shall not be executed against the land, agricultural produce or person of such agriculturist.

5 · Where causes of action in respect of a loan and in respect of an advance in cash or kind made on or after the first day of June, 1940, have been joined in one suit, the court shall order separate trials in respect of the claim based on such loan and in respect of that based on such advance.

6 · Notwithstanding anything contained in any other enactment for the time being in force, every suit to which this Act applies shall be instituted in a court within the local limits of the jurisdiction of which—

7 · Notwithstanding the terms of any, contract regarding the date or dates on which a loan shall become due, a suit to which this Act applies for the redemption of a mortgage or for accounts may be instituted by a debtor at any time after the commencement of this Act.

8 · Notwithstanding the provisions of any decree or of any law for the time being in force, an agriculturist or workman liable to pay the amount due under a decree to which this Act applies passed before the commencement of this Act, may apply to the civil court which passes the decree or to which the execution of the decree has been transferred, for the amendment of the decree by reduction according to the provisions of this Act of the amount due under it, and on receipt of such application the court shall, after notice to the opposite party, calculate the amount due from the applicant in accordance with the provisions of sections 9 and 10 and shall amend the decree accordingly:

1 · . Subs. by the A. O. 1950 for [the United Provinces].

9 · . (1) In a suit to which this Act applies or in amending a decree under the provisions of section 8, the court shall, notwithstanding anything to the contrary in any law, decree or contract or in any agreement purporting to close part transactions, determine the principal and take into account all sums paid by or on behalf of the debtor and in the case of a mortgage with possession , the net profit realized by the mortgagee or which with the exercise of ordinary diligence might have been realized by him, and shall determine the amount, if any, due by the debtor in accordance with the provisions of the following sub-sections :

10 · (1) Notwithstanding anything contained in section 34 of the Code of Civil Procedure, 1908, the court shall not order future interest on the aggregate sum adjudged in a decree to which this Act applies or in a decree amended under the provisions of this Act, at a rate exceeding three percent. per annum simple interest.

1 · . Subs. by the A.O. 1950 for (the United Provinces) .

11 · In any proceeding relating to a loan due jointly form several persons any of whom is an agriculturist or a workman the court shall apportion the loan between the joint debtors and the provisions of this Act shall apply only to that part of the loan which is apportioned to the joint debtor who is an agriculturist or a workman.

12 · Nothing in this Act shall prevent the institution of a suit for the recovery of a loan against a surety jointly with the debtor or separately, as the case may be, but no decree shall be passed in such suit against a surety for an amount in excess of that for which a decree would have been passed against the agriculturist or workman from whom the loan is recoverable.

13 · (1) The provisions of this chapter shall not apply to the execution of a decree based on a loan advanced by a bank.

2 · [Provided that in such areas a member of such tribe who has made an application under section 4 of the United Provinces Encumbered Estates Act, 1934, shall, notwithstanding the provisions of section 39 of that Act, be entitled to the benefit of section 19 as if this sub -section did not bar the application of the provisions of section 17 to his land.]

14 · Notwithstanding anything in the Code of Civil Procedure, 1908, not more than one-third of the agricultural produce of a judgment-debtor shall be liable to attachment in execution of any decree or decrees to which this Act applies.

1 · . Subs. for '19' by s. 2 (a) of U. P. Act VI of 1941 , made by the Governor in exercise of the powers assumed by him under s. 93 of the G. of I. Act, 1935.

2 · . Add. by s. 2 (b) of ibid .

15 · (1) Notwithstanding anything in the Code of Civil Procedure, 1908, no order shall be made for the execution of a decree to which this Act applies against the agricultural produce of a judgment-debtor after the expiration of six years, in the case of such decrees passed before the commencement of this Act, from the date of such commencement, and in the case such decrees passed after the commencement of this Act, from the date of the decree, or where the decree directs any payment of money to be made at a certain date or at recurring intervals, from the date of default in making the payment in respect of which the decree-holder seeks to execute the decree :

16 · (1) Notwithstanding anything in the Code of Civil Procedure. Act V of 1908, when the land of an agriculturist is sought to be sold in execution of a decree to which this Act applies the court executing the decree shall proceed in accordance with the provisions of the following sub-sections :

1 · . Subs. by the A. O. 1950 for provincial Government.

17 · (1) Notwithstanding anything contained in section 16 or in and other law for the time being in force —

1 · [(Provided further that in Oudh the local rate recoverable from an under -proprietor shall , for the purposes of this section, be deemed to be the local rate payable by the superior-proprietor as such) ;

2 · that the court may execute a decree to which this Act applies by granting to the decree-holder a self-liquidating usufructuary mortgage, for a period of not more than twenty years, of such land as is protected from sale, transfer or foreclosure by the provisions of this section ;

1 · . Ins. by s. 3 of U. P. Act VI of 1942, made by the Governor in exercise of the powers assumed by him under sec. 93 of the G. of I Act, 1935. It was reenacted and continued by U. P. Act XIII of 1948.

2 · . Subs. for [further] by ibid .

18 · Where several persons holding decrees to which this Act applies move the court, before it has granted a mortgage-under section 17, for execution of their decrees by grant of a mortgage of land protected under that section, the court shall, subject to the provisions of that section, observe the following principles in executing the decrees.

19 · The land of an agriculturist which by the provisions of clauses (a) and (b) of sub-section (1) of section17, would be protected from sale in execution of a decree to which this Act applies shall in proceedings under the United Provinces Encumbered Estates Act, 1934, be deemed to be protected land as defined in that Act.

20 · (1) When land is transferred in accordance with the provisions of section 16 such transfer shall for the purposes of section 89 of the Indian Registration Act, 1908, be deemed to be a sale of immovable property. The court shall grant a certificate of transfer for which the decree -holder shall pay stamp duty according to the valuation of the land so transferred.

21 · Notwithstanding anything contained in rule 6 or rule 8-A of Order XXXIV of the First Schedule of the Code of Civil Procedure, 1908, where in a suit based on a loan secured by a first mortgage a decree for sale has been executed and the net proceeds of the sale of the mortgaged property are found insufficient to pay the amount due to the plaintiff or to the defendant, as the case maybe, no decree shall be passed for the balance due to such plaintiff or defendant, as the case may be, and if any decree for such balance has been passed before the commencement of this Act, it shall be deemed to have been satisfied.

22 · No decree to which this Act applies shall be executed by the transfer of trees belonging to an agriculturist unless the land on which such trees stand is also transferred :

23 · No decree to which this Act applies shall be executed by the arrest and detention of the judgment-debtor unless the court is satisfied that such debtor has alienated or removed or concealed any of his property with the intention to defeat or delay the execution of such decree.

24 · The provisions of the Code of Civil Procedure, 1908, save in so far as they are inconsistent with the provisions of this Act, shall apply to all proceedings under this Act.

25 · (1) Notwithstanding anything in the United Provinces Village Panchayat Act, 1920, no suit to which this Act applies shall be instituted before a panchayat establish under the provisions of that Act and if at the commencement of this Act any such suit is pending before a panchayat so established, it shall forthwith be transferred to the court which, but for such panchayat, would have jurisdiction.

26 · The [State Government] 1 may make rules2 consistent with this Act for carrying out the purposes of this Act.

27 · (1) The enactments mentioned in the Second Schedule are hereby repealed to the extent mentioned in the fourth column thereof.

1 · . Subs. by the A. O. 1950 for (Provincial Government).

2 · . For rules, see nos. no. 438/I—39, d. July 14, 1941, in Gaz. 1941. Pt. I:A, pp. 229—933, no. 2675/I—58— 41, d. Nov. 24, 1941, Pt. I–A, p 363 (ii) I—95—42-(1). D. March 7, 1942 Pt. I—A, p. 8, no. 1167/I—95—45, d. Sept. 24, 1946, in Gaz., 1946. Pt. I—A, p. 54 A.

(U.P. Act No. XIII of 1940)

Sections (52)

Subordinates (0)