The Telangana Jagirdars Debt Settlement Act, 1952.
telangana · 1952
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1Section 1 adapts the Andhra Pradesh Jagirdars Debt Settlement Act, 1952 to Telangana under the Andhra Pradesh Reorganisation Act, 2014.
- S. 2Section 2 defines key terms used in the Telangana Jagirdars Debt Settlement Act, 1952.
- S. 3Substituted for the word “Jarida” by the Andhra Pradesh Adaptation of Laws Order (A
- S. 4Section 4 establishes government boards to settle debts, with each board having a chairman and two members.
- S. 5Substituted for the short title “the Hyderabad Co-operative Societies Act, 1952” by A
- S. 6Section 6 grants the Board full authority to decide all disputes and makes its decisions final and binding.
- S. 7Section 7 grants the Board powers to settle debts of Jagirdars under the Act and related rules.
- S. 8Substituted for the word “Jarida” by the A
- S. 9Substituted for the word “Jarida” by the A
- S. 10Section 10 allows the Board to extend deadlines for actions under the Act if needed.
- S. 11Section 5-A inserted by A
- S. 12Section 5-B inserted by Act 21 of 1963
- S. 13Section 13 allows debtors to seek relief if their debts are guaranteed by a surety, and once settled, the surety is discharged from liability.
- S. 14Substituted for the word “Jarida” by A
- S. 15Section 15 allows debtors and creditors to apply to the Board to record debt settlements, which, if approved, become binding.
- S. 16Section 16 allows a settlement between debtor and creditors to be approved if voluntary and beneficial.
- S. 17Section 17 voids debt settlements not certified by the Board or awarded under the Act.
- S. 18Substituted for the word “Jarida” by the A
- S. 19This Act is repealed by the Telangana Adaptation of Laws (No
- S. 20Section consolidates and hears multiple debt settlement applications against the same debtor or joint debtors together.
- S. 21Section 21 mandates the Board to notify debtors and creditors to submit debt statements upon receiving settlement applications.
- S. 22Section 22 extinguishes debts not applied for or settled within specified periods unless debtor and creditor agree otherwise or debtor intentionally misleads creditor.
- S. 23Section 23 mandates debtors and creditors to provide accounts, property inventories, and information as required by the Board for debt settlement.
- S. 24Section 24 determines if an application for debt settlement is valid based on debtor status and debt amount.
- S. 25Section 25 transfers pending debt suits and appeals to the Board if debts are under Rs. 5,000, and directs courts to transfer cases to the Board upon notice.
- S. 26Section 26 mandates the Board to take accounts if a debtor's total debts exceed Rs. 5,000.
- S. 27Section 27 mandates the Board to examine both creditor and debtor as witnesses in disputed debt settlement applications.
- S. 28Section 28 mandates the Board to independently determine the debts and credits between parties, disregarding prior agreements or settlements.
- S. 29Section 29 allows the Board to set a fair rent for mortgaged property if actual profits are unclear.
- S. 30Section 30 details the process for debt settlement, requiring the Board to notify relevant parties to submit statements on debts owed by debtors to the government.
- S. 31Section 31 determines debtor's property details, value, encumbrances, and paying capacity after accounts review.
- S. 32Section 32 voids debtor's fraudulent property alienations or encumbrances to delay creditors, except for good faith transactions.
- S. 33Section 33 determines debtor's paying capacity by valuing exempt and non-exempt property, excluding certain debts and lands.
- S. 34Section 34 determines debtor's paying capacity as 60% of property value, with income-yielding property valued by capitalized income.
- S. 35Section 35 adjusts the amounts found due from debtors under section 28 based on their paying capacity and property value.
- S. 36Section 36 outlines the process and conditions for the Board's award on scaled-down debts, prioritizing payments to government and local authorities, and limits annual instalments to the debtor's net income.
- S. 37Section 37 outlines the process for further reducing debts if they exceed half the debtor's property value, requiring creditor agreement.
- S. 38Section 38 reduces and extinguishes excess debts under the Telangana Jagirdars Debt Settlement Act.
- S. 39Section 39 allows the Board to reject debt reductions or extinguish fraudulent claims if collusion is found.
- S. 40Section 40 allows the Board to proceed with ex parte hearings and awards if debtors or creditors do not appear, without reopening decisions for non-appearance.
- S. 41Section 41 allows the Board to reopen and revise debt settlements if undisclosed property or wrongly included property is found.
- S. 42Section 42 details the registration and execution of awards made under the Telangana Jagirdars Debt Settlement Act, 1952.
- S. 43Section allows government to postpone debt payments for up to one year due to debtor's serious hardship post-award.
- S. 44Section 44 prohibits debtors from alienating their property before debts are discharged without government approval.
- S. 45Section 45 allows the Board or Court to order the sale of a debtor's property to settle debts if the debtor fails to sell it themselves.
- S. 46Section 46 restricts pleaders' appearances in proceedings under the Act, allowing them only in exceptional cases and disallowing their fees as costs.
- S. 47Section 47 allows appeals from specific orders and awards under the Act, with a 60-day limit for High Court appeals, but no second appeals.
- S. 48Section 48 specifies the limited grounds for appealing a Board's decision under the Telangana Jagirdars Debt Settlement Act.
- S. 49Section 49 specifies the court fees and their priority for proceedings under the Telangana Jagirdars Debt Settlement Act, 1952.
- S. 50Section 50 mandates that notices under the Act be served according to the Code of Civil Procedure.
- S. 51Section 51 applies the Code of Civil Procedure to insolvency proceedings under the Act.
- S. 52Section 52 declares a debtor insolvent if their income and movable property are insufficient to pay debts, and orders sale of remaining property to liquidate debts.
- S. 53Section 53 makes adjudication orders under section 52 equivalent to court orders under the Andhra Pradesh Insolvency Act.
- S. 54Section 54 details the distribution order of proceeds from insolvent property sales.
- S. 55Section 55 specifies that insolvency matters concerning debtors must be handled exclusively by the Board or the Court of Appeal.
- S. 56Section 56 restricts appeals from orders under Chapter V to cases where insolvent failed to disclose assets and liabilities.
- S. 57Section excludes the time proceedings were pending before the Board or Court in appeal from the limitation period for debt suits.
- S. 58Section 58 prohibits debtors from alienating property without loan repayment approval and sets penalties for violations.
- S. 59Section 59 authorizes the government to allow specific individuals to lend to debtors under the act, with set conditions.
- S. 60Section 60 allows the government to make rules for implementing the act, including application forms and procedures for property and debt settlement.
- S. 61Section 61 prohibits debts covered by this Act from being addressed under the Andhra Pradesh Agricultural Debtors’ Relief Act.