Agriculturists Relief Act, 1983 (1926 A. D.)
No: 1 Dated: Jul, 04 1983
THE AGRICULTURISTS RELIEF ACT, 1983 (1926 A. D.)
Act No. I of Samvat 1983
An Act for the Relief of indebted Agriculturists.
Preamble. - Whereas it is expedient to relieve the agricultural classes from indebtedness ;
It is hereby enacted :-
CHAPTER I
Preliminary
1. Short title. - (a) This Act may be called the Agriculturists' Relief Act Act, 1983.
(b) Commencement. - It shall come into force on and from the fifteenth day of Sawan, 1983.
(c) Extent. - It extends to the Provinces of Jammu and Kashmir only in the first instance but the Government may, by notification, extend all or any of the provisions of this Act to any other local area within the State, and may also by notification, exempt any local area, or class of persons, suits or transactions from all or any of the provisions of this Act."
2. Definitions. - In this Act unless there is something repugnant in the subject or context,-
(1) "agriculturist" means a person who, by himself or by his servants or by his tenants, earns his livelihood wholly or principally by agriculture, or by horticultural or pastoral pursuits, carried on within the limits of the State (including Illaqa of Poonch and Jagir of Chenani) or who, within such limits, ordinarily engages personally in agricultural labour or such pursuits; and includes a Lohar, a Tarkhan, and a Kumhar who, within such limits, is wholly or principally dependent on a share of the agricultural produce given to him on account of his Services to agriculturists, in his capacity of a Lohar, Tarkhan or Kumhar ;
Explanation. - (a) An "agriculturist" who without any intention of changing his status as such, temporarily ceases to earn his livelihood by such labour or pursuits, or who is prevented from so earning his livelihood or so engaging in such labour or pursuits by age or by bodily infirmity or by necessary absence due to service in the non-commissioned ranks of x x x Indian Army x x x or due to service in a Civil Department under the Government or the Government of India when emoluments of such service do not exceed twenty-five rupees per mensem, does not hereby cease to be an "agriculturist" within this definition ;
(b) an assignees of Government assessment or a mortgagee is not as such an agriculturist within this definition.
(2) "the Court", when used with reference to any suit or proceeding, means the Court competent under this Act to hear such suit on proceeding ;
(3) "money" includes cash, agricultural, horticultural or pastoral produce, livestock and articles made from such produce or livestock by the agriculturist or his family and also the implements of his avocation ;
(4) "notification" means a notification published in the Jammu and Kashmir Government Gazette; and
(5) all other expressions used out not defined in this Act shall, if defined in the Land Jammu and Kashmir Land Revenue Regulation, 1980, or the Jammu and Kashmir Tenancy Act, 1980, have the-meanings respectively assigned to such expressions in tho said Regulation or Act.
CHAPTER II
Scope of the Act and Jurisdiction Of Courts
3. Application of Act to certain suits. - Except as may hereinafter be otherwise provided, the provisions of this Act apply to-
(a) suits for an account instituted by an agriculturist under the provisions hereinafter contained ; and
(b) suits, in which the defendant, or any one of the defendants, is an agriculturist, for the recovery of money alleged to be due to the plaintiff;
on account of money lent or advanced to, or paid for, the defendant, or as the price of goods sold, or
on an account stated between the plaintiff and the defendant, or
on a written or unwritten engagement for the payment of money not hereinbefore provided for.