Andhra Pradesh (Andhra Area) Agriculturists Relief Act, 1938

{
    "id": 14338,
    "slug": "andhra-pradesh-andhra-area-agriculturists-relief-act-1938",
    "title": "Andhra Pradesh (Andhra Area) Agriculturists Relief Act, 1938",
    "short_title": "Andhra Pradesh (Andhra Area) Agriculturists Relief Act, 1938",
    "act_number": "(Act No. 4 of 1938)",
    "act_year": 1938,
    "act_type": "STATE",
    "location": "Andhra Pradesh",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Andhra Pradesh (Andhra Area) Agriculturists Relief Act, 1938",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Extent.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Definitions.",
            "chapter": null,
            "content": "(i) person means an individual and includes an undivided Hindu family; but does not include a body corporate, a charitable or religious institution or an unincorporated company or association;\n(ii) agriculturist means a person who\n(a) has a saleable interest in any agricultural or horticultural land in the Andhra area of the State of Andhra Pradesh, not being land situated within a municipality or cantonment, which is assessed by the State Government to land revenue (which shall be deemed to include peshkash and quit rent), or which is held free of tax under a grant made, confirmed or recognized by Government; or\n(b) holds an interest in such land under a land holder under the Andhra Pradesh(Andhra Area) Estates Land Act, 1908 as tenant, ryot or under tenure holder; or\n(c) [***]\n(d) holds a lease of such land from any person specified in sub clause (a), or (b) or is a sub lessee of such land;\n(A) has in both the financial years ending 31st March, 1938 been assessed to income tax under the [Indian Income tax Act, 1922 or under the income tax laws of any part of India which, immediately before the 1stday of November 1956, was comprised in a Part B State or foreign Government; or\n(B) has in all the four half years immediately preceding the 1st October, 1937 been assessed to profession tax on a half yearly income of more than six hundred rupees derived from a profession other than agriculture under the Andhra Pradesh (Andhra Area) District Municipalities Act, 1920, the Cantonments Act, 1924, or any law governing municipal or local bodies in any other part of India or any foreign State in the continent of India or under the Andhra Pradesh (Andhra Area) District Boards Act, 1920 in a panchayat which was a union before the 26th August 1930; or\n(C) has within the two years immediately preceding the 1st October 1937, been assessed to property or house tax in respect of buildings or lands other than agricultural lands, under the Andhra Pradesh (Andhra Area) District Municipalities Act, 1920 the Cantonment Act, 1924, or any law governing municipal or local bodies in any other part of India or under the Andhra Pradesh (Andhra Area) District Boards Act, 1920, in a panchayat which was a union before the 26th August, 1930, provided that the aggregate annual rental value of such buildings and lands, whether let out or in the occupation of the owner, is not less than Rs 600; or\n(D) is a landholder of an estate under the Andhra Pradesh (Andhra Area) Estates Land Act, 1908, or of a share or portion thereof, whether setely registered or not, in respect of which estate, share or portion any sum exceeding five hundred rupees is payable as peshkash, or any sum exceeding on hundred rupees is payable under one or more of the following heads, namely, quit rent, jodi, kattubadi, poruppu or other dues of a like nature Explanation: The annual rental value of any building or land for the purposes of proviso (C) shall -\n(1) where the assessment is based on the annual rental value, be deemed to be such value;\n(2) where the assessment is based on the capital value, R be deemed to be five per cent of the capital value; and\n(3) in any other case, be deemed to be the value ascertained in the prescribed manner;\n(iii) debt means any liability in cash or kind, whether secured or unsecured, due from an agriculturist, whether payable under a decree or order of a civil or revenue court or otherwise, but does note include rent as defined in clause (iv)\n(iii-a) interest means any amount or other thing paid or payable in excess of the principal sum borrowed or pecuniary obligation incurred, or where anything has been borrowed in kind, in excess of what has been so borrowed, by whatsoever name such amount or thing may be called, and whether the same is paid or payable entirely in cash or entirely in kind or partly in cash and partly in kind and whether the same is expressly mentioned or not in the document or contract, if any;\n(iv) rent means rent as defined by the Andhra Pradesh (Andhra Area) Estates Land Act, 1908 or quit rent, jodi, kattubadi, poruppu or the like, payable to the landholder of an estate as defined by the Andhra Pradesh (Andhra Area) Estates Land Act, 1908, whether a decree or order of a civil or revenue court has been obtained therefor or not and includes interest payable thereon; but does not include costs incurred in respect of the recovery thereof through a civil court or revenue court or the share of the land cess recoverable by the landholder under section 88 of the Andhra Pradesh (Andhra Area) District Boards Act, 1920;\n(v) creditor includes his heirs, legal representatives and assigns;\n(vi) mortgagee includes his heirs, legal representatives and assigns.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Certain debts and liabilities not to be affected.",
            "chapter": null,
            "content": "(a) any revenue, tax or cess payable to the State Government or any other sum due to them, by way of loan or otherwise;\n(b) any revenue, tax or cess payable to the Central Government or any other sum due to them, by way of loan or otherwise;\n(c) any tax or cess payable to any local authority or any other sum due to them, by way of loan or otherwise;\n(d) any debt contracted on the security of house property alone in a municipality, a cantonment,or a panchayat which was a union before the 26th August, 1930;\n(e) any liability in respect of any sum due to any co-operative society, including a land mortgage bank, registered or deemed to be registered under the Andhra Pradesh (Andhra Area) Co operative Societies Act, 1932, or any debt due to any corporation formed in pursuance of an Act of Parliament of the United Kingdom or of any special Indian law or Royal Charter or Letters Patent;\n(f) any liability arising out of a breach of trust;\n(g) any liability in respect of maintenance whether under decree of court or otherwise;\n(h) any debt or debts due to a woman on the 1st October, 1937 provided that the value of the property owned by her on that date, including the principal amount of the debt or debts so due, did not exceed six thousand rupees;\n(i) any wages due to an agricultural or other rural labourer:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Special provision for undivided Hindu families, etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Sons and descendants of non agriculturist members of Hindu families to be non agriculturists.",
            "chapter": null,
            "content": "Chapter 2\nScaling down of Debts and Future rate of Interest",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Debts payable by agriculturists to be scaled down.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Provision for debts incurred before 1st  October, 1932.",
            "chapter": null,
            "content": "(1) All interest outstanding on the 1st October, 1937, in favour of any creditor of an agriculturist whether the same be payable under law, custom or contract or under a decree of court and whether the debt or other obligation has ripened into a decree or not, shall be deemed to be discharged, and only the principal or such portion thereof as may be outstanding shall be deemed to be the amount repayable by the agriculturist on that date.\n(2) Where an agriculturist has paid to any creditor twice the amount of the principal whether by way of principal or interest or both, such debt including the principal, shall be deemed to be wholly discharged.\n(3) Where the sums repaid by way of principal or interest or both fall short of twice the amount of the principal, such amount only as would make up this shortage, or the principal amount or such portion of the principal amount as is outstanding, whichever is smaller, shall be repayable.\n(4) Subject to the provisions of sections 22 to 25, nothing contained in sub sections (1), (2) and (3) shall be deemed to require the creditor to refund any sum which has been paid to him, or to increase the liability of a debtor to pay any sum in excess of the amount which would have been payable by him if this Act had not been passed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Provision for debts incurred on or after 1st October 1932.",
            "chapter": null,
            "content": "(1) Interest shall be calculated upto the commencement of this Act at the rate applicable to the debt under the law, custom, contract or decree of court under which it arises or at five per cent per annum simple interest, whichever is less and credit shall be given for all sums paid towards interest, and only such amount as is found outstanding, if any, for interest thus calculated shall be deemed payable together with the principal amount or such portion of it as is due :\n(2) Subject to the provisions of sections 22 to 25, nothing herein contained shall be deemed to require the creditor to refund any sum which has been paid to him or to increase the liability of the debtor to pay any sum in excess of the amount which would have been payable by him if this Act had not been passed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "9A",
            "title": "9A. Special provision in respect of unsufructuary mortgages.",
            "chapter": null,
            "content": "(a) where no rate of interest is stipulated for as due to the mortgagee, or\n(b) where a rate of interest is stipulated for as due to the mortgagee in respect of the principal amount secured by the mortgage or any portion thereof, in addition to the usufruct from the property, or in respect of any other sum payable to the mortgagee by the mortgagor in his capacity as such Explanation (1) A mortgagee shall be deemed to be in possession of the property mortgaged to him or any portion thereof, notwithstanding that he has leased it to the mortgagor or any other person.\n(i) the difference between the principal amount secured by the mortgage and an amount bearing to the principal amount the same proportion as the period during which the mortgagee has been in possession bears to thirty years;\n(ii) where any interest on the principal amount secured by the mortgage or any portion thereof has been stipulated for, in addition to the usufruct from the property, the arrears of such interest as scaled down under section 8 or 9 read with section 12, or under section 13, as the case may be; and\n(iii) all other sums payable to the mortgagee by the mortgagor in his capacity as such, together with the interest, if any, due thereon\n(i) the difference between that portion of the principal amount secured by the mortgage which is attributable to the portion of the property in the possession of the mortgagee and an amount bearing to that portion of the principal amount, the same proportion as the period during which the mortgagee has been in possession bears to thirty years;\n(ii) Where any interest has been stipulated for in addition to the usufruct from the property, the arrears of interest on the portion of the principal amount referred to in clause(i) such arrears being scaled down under Sec 8 or 9 read with Sec 12 or under Sec 13, as the case may be;\n(iii) the balance of the debt as scaled down under Sec 8 or 9 read with Sec 12, or under Sec 13, as the case may be; and\n(iv) all other sums payable to the mortgagee by the mortgagor in his capacity as such, together with the interest, if any, due thereon\n(i) if no interest has been stipulated for on the principal amount secured by the mortgage or any portion thereof, in addition to the usufruct from the property;\n(ii) where such interest has been stipulated for, if no arrears of interest are due from the mortgagor; and\n(iii) if no other sums or interest thereon are due to the mortgagee by the mortgagor in his capacity as such.\n(b) Where the mortgagee has been in possession of the whole of the property mortgaged to him for an aggregate period of thirty years or more, then, in cases not governed by clause (a), the mortgagor shall not be entitled to redeem the mortgage unless he pays to the mortgagee -\n(i) the arrears of interest stipulated for in addition to the usufruct from the property, as scaled down under section 8 or 9 read with section 12, or under section 13, as the case may be; and\n(ii) all other sums due to the mortgagee by the mortgagor in his capacity as such and referred to in sub clause (iii) of clause (a) together with any interest due thereon.\n(i) where, in addition to the usufruct from the property, any interest has been stipulated for, the arrears of interest on that portion of the principal amount secured by the mortgage which is attributable to the portion of the property in the possession of the mortgagee, such arrears being scaled down under section 8 or 9 read with section 12, or under section 13, as the case may be;\n(ii) the balance of the debt not attributable to such portion of the property as scaled down under section 8 or 9 read with section 12, or under section 13, as the case may be;\n(iii) all other sums payable to the mortgagee by the mortgagor in his capacity as such, together with the interest, if any, due thereon\n(ii) Nothing contained in sub section (3) or sub section (4) shall apply to any debt falling under sub clause (i).\n(b) In cases falling under sub section (5) (a), where the property has been leased back to the mortgagor by the mortgagee, nothing contained in that sub section shall affect the right of the mortgagee to recover any rents due to him under the lease for any period before the date on which the mortgage debt is deemed to have been wholly discharged by virtue of that sub section, if such rents have not become barred by limitation under any law for time being in force.\n(i) [x x x]\n(ii) in respect of property situated in any area in the cases mentioned below: -\n(a) Where during the period after the 30th September, 1937 and before the 30th January 1948, the equity of redemption in the property subject to the mortgage has devolved either wholly or in part on a person, by or, through a transfer inter vivos either from the original mortgagor or from a person deriving title from or through such mortgagor otherwise than by a transfer inter vivos , then, to the whole or such part, as the case may be -\n(b) Where, during the period aforesaid, the mortgagee or any of his successors in interest has transferred either wholly or in part the mortgagee s rights in the property bona fide and for valuable consideration, then, to the whole or such part, as the case may be:\n(c) Where the mortgagee s interest in the property subject to the mortgage or any part of such interest belonged to or devolved on, two or more persons and during the period aforesaid, a partition has taken place among such persons, then, to the whole or such part of the interest, as the case may be.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "10",
            "title": "10. Exceptions.",
            "chapter": null,
            "content": "(i) any mortgage of the description referred to in sub section (1) of section 9A, except to the extent provided for in that section;\n(ii) any liability for which a charge is provided under section 55, clause (4), sub clause (b) of the Transfer of Property Act; or\n(iii) any liability in respect of any sum due to any public company as defined in the Indian Companies Act, 1913 or to any scheduled bank as defined by section 2 (e) of the Reserve Bank of India Act, 1934, if the interest payable in respect of the liability is not more than nine per cent per annum.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "11",
            "title": "11. Provision as to costs, etc in certain cases.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "12",
            "title": "12. Rate of interest payable by agriculturists on old loans.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "13",
            "title": "13. Rate of interest payable by agriculturists on new loans.",
            "chapter": null,
            "content": "(i) in proviso (A) to that section, for the expression \" the financial years ending 31st March 1938\", the expression\" the financial years ending on the 31st March immediately preceding the date on which the debt is incurred\" were substituted; and\n(ii) in provisos (B) and (C) to that section, for the expression \"the four half years immediately preceding the 1st October 1937,\" the expression \"the * [four half years] ending on the 31st March or on the 30th September (whichever is latter) immediately preceding the date on which the debt is incurred\" were substituted",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "13A",
            "title": "13A. Rate of interest payable by certain persons on debts.",
            "chapter": null,
            "content": "(a) against the non agriculturist member or members and his or their share of the family property, to the extent only of his or their proportionate share of the debt; and\n(b) against the agriculturist member or members and his or their share of the family property, to the extent only of his or their proportionate share of the debt which shall be scaled down in accordance with the provisions of this Act\nChapter 3\nArrears of Rent",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "15",
            "title": "15. Conditional discharge of arrears of rent due to land holders, etc.",
            "chapter": null,
            "content": "(b) A sum of Rs 500 representing the arrears of rent in respect of a particular holding for fasli 1345 and prior faslis and the rents for faslis 1346 and 1347 for that holding are in arrear and outstanding at the commencement of this Act, the rent for each fasli being Rs 100 The ryot or tenant pays the landholder within 30th September, 1938 the rent for fasli 1347 but fails to pay within the 30th September 1939 any portion of the rent for fasli 1346 Only a sum of Rs 250 or one half of the rent of faslis prior to and inclusive of fasli 1345 will be deemed to be discharged.\n(c) In the same case, the ryot or tenant does not pay the landholder within the 30th September 1938 the whole of the rent for fasli 1347 No portion of the arrears of the rent for fasli 1345 and prior faslis is discharged, and the ryot looses the benefit of this section.\n(d) In the same case, the ryot or tenant pays the land holder within 30th September 1938 the rent for fasli 1347, but pays within 30th September 1939 only Rs 50, being half the rent for fasli 1346 He has thus paid Rs 150 out of Rs 200 being the rent of both the faslis 1346 and 1347, before 30th September 1939 A sum of Rs 375, or three fourths of the rent of faslis prior to and inclusive of fasli 1345 will be allowed to be discharged.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "16",
            "title": "16. Landholder to be entitled to recover land cess and costs.",
            "chapter": null,
            "content": "(a) the land cess if any, paid by him and recoverable under section 88 of the Andhra Pradesh (Andhra Area) District Boards Act, 1920;\n(b) the land revenue and water cess, if any, paid by him to the State Government which the tenant was bound to pay by virtue of any law, custom, contract or decree of court governing the tenancy; and\n(c) the costs awarded to him in any decree for rent obtained by him",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "17",
            "title": "17. Extension of limitation for suits, etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "17A",
            "title": "17A. Scaling down of interest on arrears of rent.",
            "chapter": null,
            "content": "(i) in proviso (A) to that section, for the expression \"financial years ending 31st March 1938\", the expression \"financial years ending on the 31st March immediately preceding the date of institution of the suit or proceeding\" were substituted; and\n(ii) in provisos (B) and (C) to that section, for the words and figures immediately preceding the 1st October, 1937 , the words and figures ending on the 31st March or the 30th September (whichever is later) immediately preceding the date of institution of the suit or proceeding were substituted.\nChapter 4\nProcedure and Miscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "18",
            "title": "18. Provision as to costs in certain cases.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "19",
            "title": "19. Amendment of certain decrees.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "19A",
            "title": "19A. Application for the determination of the amount of debt due.",
            "chapter": null,
            "content": "(b) The Court shall dismiss the application if it finds that the debtor was not such an agriculturist.\n(i) if an application has been made under sub section (1) in respect of such debt to a court having jurisdiction and is pending in such court; or\n(ii) if a court having jurisdiction has passed an order under clause (a) of sub section (4) in respect of such debt.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "20",
            "title": "20. Stay of execution proceedings.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "21",
            "title": "21. Adjudications in insolvency.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "22",
            "title": "22. Special provision in the case of certain sales of movable property.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "23",
            "title": "23. Sales of immovable property to be set aside in certain cases.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "23A",
            "title": "23A. Power of Court to set aside sales of immovable property in certain cases.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "23A",
            "title": "23B. Modifications in the application of section 23A to certain cases.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "24",
            "title": "24. Consequential provision on setting aside of sale.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "24A",
            "title": "24A. Power of court to reject certain claims.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "25",
            "title": "25. Alienation's by debtor.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "25A",
            "title": "25A. Appeals.",
            "chapter": null,
            "content": "(a) An order under sub section (1) of Section 18 amending or refusing to amend a decree;\n(b) An order under section 19 amending or refusing to amend a decree or entering or refusing to enter satisfaction in respect of decree.\n(c) An order under clause (a) of sub section (4) of section 19A declaring the amount due to the creditor or declaring the debt to have been discharged;\n(cc) An order under clause (b) of sub section (4) of section 19A dismissing the application on the ground that the debtor was not an agriculturist;\n(d) An order under section 22 directing or refusing to direct the refund of any excess realized in execution of a decree; (e) An order under section 23, section 23A or section 23B setting aside or refusing to set aside any sale or foreclosure of immovable property;\n(f) An order under section 24 directing or refusing to direct the repayment of any purchase money realised in execution of a decree.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "26",
            "title": "26. District Collector to furnish information as to certain facts.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "27",
            "title": "27. Executive authorities of local bodies to furnish information as to certain facts.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "28",
            "title": "28. Power to make rules.",
            "chapter": null,
            "content": "(a) in regard to any matter which is required to be prescribed by this Act;\n(b) prescribing the form of and the fees to be paid in respect of, applications under this Act; and\n(c) for removing any difficulty in giving effect to the provisions of this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 4th February, 2020 [ap704]",
        "Act Number": "(Act No. 4 of 1938)",
        "Enactment Date": "",
        "Act Year": "1938",
        "Short Title": "Andhra Pradesh (Andhra Area) Agriculturists Relief Act, 1938",
        "Type": "STATE",
        "Location": "Andhra Pradesh"
    },
    "updated_at": "2026-09-29 21:55:18"
}