The Goa, Daman and Diu Debt Relief Act, 1980

{
    "id": 16305,
    "slug": "goa-daman-and-diu-debt-relief-act-1980",
    "title": "The Goa, Daman and Diu Debt Relief Act, 1980",
    "short_title": "The Goa, Daman and Diu Debt Relief Act, 1980",
    "act_number": "(Act No. 8 of 1981)",
    "act_year": 1980,
    "act_type": "STATE",
    "location": "Goa",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Goa, Daman and Diu Debt Relief Act, 1980",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"Administrative Tribunal\" means the Administrative Tribunal constituted under the Goa, Daman and Diu Administrative Tribunal Act, 1965 (6 of 1965);\n(b) \"agricultural labourer\" means a person who follows any one or more of the following agricultural operations in the capacity of a labourer on hire or exchange, whether paid in cash or in kind or partly in cash and partly in kind and who does not hold any agricultural land namely:-\n(i) farming, including cultivation and tillage of soil;\n(ii) dairy farming;\n(iii) production, cultivation, growing and harvesting of any horticultural commodity;\n(iv) raising of livestock, bees or poultry;\n(v) any practice performed on a farm as incidental to, or in conjunction with, farming operations (including any forestry or timbering operations) and preparation for market, or delivery to storage or to market or to carriage for transportation of farm products;\n(c) \"agriculture\" with its grammatical variations and cognate expressions, includes the raising of food crops such as paddy, wheat, pulses, millets and vegetables, and of sugarcane, groundnut, coconut, arecanut, cashew and mango;\n(d) \"annual family income\" means the aggregate of the annual income from all sources of all the members of a family;\n(e) \"Board\" means the Debt Relief Board established under section 7;\n(f) \"creditor\" means a person to whom a debtor owes a debt;\n(g) \"debt\" includes all liabilities owing to a creditor in cash or in kind, secured or unsecured, payable under a decree or order of a civil court or otherwise whether due or not due, but does not include-\n(i) any rent or compensation due in respect of any property let out to a debtor;\n(ii) any liability arising out of breach of trust or any tertious liability;\n(iii) any liability in respect of wages or remuneration due as salary or otherwise for services rendered;\n(iv) any liability in respect of maintenance whether under a decree of a civil court or otherwise;\n(v) any sum recoverable as arrears of land revenue;\n(vi) any debt due to-\n(1) the Central Government or any State Government or the administration or Government of any Union territory, or any local authority or a co-operative society;\n(2) a banking company as defined in clause (c) of section 5 of the Banking Regulation Act, 1949 (Central Act 10 of 1949), the State Bank of India constituted under the State Bank of India Act, 1955 (Central Act 23 of 1955), a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959), a corresponding new bank specified in the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Central Act 5 of 1970), a Regional Rural Bank established under sub-section (1) of section 3 of the Regional Rural Banks Act, 1976 (Central Act 21 of 1976), or any banking institution notified by the Central Government under section 51 of the Banking Regulation Act, 1949 (Central Act 10 of 1949);\n(3) any co-operative land development bank or any other co-operative institution registered under the Maharashtra Co-operative Societies Act, 1960 (Maharashtra Act XXIV of 1961) as extended to the Union territory of Goa, Daman and Diu;\n(4) the Agricultural Refinance and Development Corporation established under the Agricultural Refinance and Development Corporation Act, 1963 (Central Act 10 of 1963);\n(5) any Government company within the meaning of section 617 of the Companies Act, 1956 (Central Act 1 of 1956);\n(6) the Life Insurance Corporation of India established under the Life Insurance Corporation Act, 1956 (Central Act 3 of 1956), or to any other Corporation established by or under any other law for the time being in force;\n(7) any other banking or financial institution which may be notified in this behalf by the Government in the Official Gazette ;\n(h) \"debtor\" means an agricultural labourer, a rural artisan, a marginal farmer or a small farmer, who owes a debt;\n(i) \"family\", in relation to a person, means the individual, the wife or husband, as the case may be, of such individual and their unmarried minor children;\nExplanation.\n(j) \"foro\" means the annuity or amount that an emphyteuta of a property pays annually to the direct owner;\nExplanation 1.\nExplanation 2.\n(k) \"Government\" means the Government of Goa, Daman and Diu;\n(l) \"marginal farmer\" means a person who owns land measuring,-\n(i) not more than two hectares of un-irrigated land, if he is a member of a Scheduled Tribe; or\n(ii) not more than one hectare of un-irrigated land in any other case, and who cultivates personally such land, and includes a person who cultivates such land as a tenant or share-cropper.\nExplanation 1.\n(1) one-third of a hectare of land with an assured supply of water for irrigation and capable of yielding at least two crops in a year, that is to say, land irrigated seasonally as well as perennially by flow irrigation by a Government owned and managed lift or from any source constructed or maintained by the Government or any local authority, or from any other natural source of water; or\n(2) one-half of a hectare of land which has an assured supply of water for only one crop in a year, that is to say, land irrigated-\n(a) seasonally by flow irrigation from any source constructed or maintained by the Government or any local authority or from any other natural source of water; or\n(b) perennially by a lift, other than a lift referred to in clause (1), from any source constructed or maintained by the Government or any local authority, or from any other natural source of water; or\n(c) perennially from a privately owned well situated on the land within the irrigable command of any irrigation project, or in the bed of a river stream or natural collection of water or drainage channel which is a perennial source of water; or\n(3) two-thirds of a hectare of land irrigated seasonally by flow irrigation from any source constructed or maintained by the Government or any local authority, or from any other natural source of water with an unassured water supply, that is to say water supply is given under water sanctions which are temporary or where such sanctions are regulated on the basis of availability of water in the storage shall be equated to one hectare of unirrigated land;\nExplanation 2.\n(m) \"notification\" means a notification published in the Official Gazette ;\n(n) \"Official Gazette\" means the Goa, Daman and Diu Government Gazette;\n(o) \"prescribed\" means prescribed by rules made under this Act;\n(p) \"rural artisan\" means a person who does not own any agricultural land and whose principal means of livelihood is production or repair of traditional tools, implements and other articles or things used for agriculture or purposes ancillary thereto and includes a person who normally earns his livelihood by practising any craft either by his own labour or by the labour of all or any of the members of his family in a rural area.\n(q) \"small farmer\" means a person who owns land measuring-\n(i) more than two hectares but not exceeding four hectares of un-irrigated land if he is a member of a Schedule Tribe or Scheduled Caste; or\n(ii) more than one hectare but less than two hectares of un-irrigated land in any other case, and who cultivates personally such land, and includes a person who cultivates such land as a tenant or share-cropper.\nChapter II\nMoratorium",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Stay of suits, etc.",
            "chapter": null,
            "content": "(i) no court shall entertain any suit, application or proceeding against a debtor in respect of any debt incurred by him;\n(ii) all suits, applications or proceedings in relation to the recovery of debt pending before a court shall abate on the date of coming into force of this Act.\nChapter III\nLiquidation of certain debts",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Discharge of certain debts.",
            "chapter": null,
            "content": "(a) no such debt due from the debtor shall be recoverable from him, or from or against, any movable or immovable property belonging to him, nor shall any such property be liable to be attached and sold or proceeded against in any manner in the execution of any decree or order relating to such debt against him;\n(b) no court shall entertain any suit or proceedings against such debtor for the recovery of any debt, including interest, if any:\n(c) all suits, applications and proceedings (including appeals, revisions, attachment or execution proceedings) pending on the day of coming into force of this Act for the recovery of any such debt against such debtor shall abate:\n(i) any movable property, held and concluded before the day of coming into force of this Act;\n(ii) any immovable property, confirmed before the day of coming into force of this Act;\n(d) every debtor undergoing detention in prison in the execution of any decree for money passed against him by any court in respect of any such debt shall be released forthwith;\n(e) every property pledged or mortgaged by such debtor shall stand released in favour of such debtor and the creditor shall be bound to return the same to the debtor forthwith.\nExplanation.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Power of District Magistrate to enforce delivery of possession of property to debtor.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Board to determine certain questions.",
            "chapter": null,
            "content": "Chapter IV\nDebt Relief Board",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Establishment of Debt Relief Board.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Members of Board deemed to be public servants.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Board to have certain powers of civil court.",
            "chapter": null,
            "content": "(a) summoning and enforcing the attendance of any person and examining him on oath;\n(b) requiring the discovery and production of any documents;\n(c) taking evidence on affidavits;\n(d) requisitioning any public record from any court or office;\n(e) issuing commissions for the inspection of property or for the examination of witnesses;\n(f) inspection of property;\n(g) any other matter which may be prescribed.\nChapter V\nProcedure for settlement of debts",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Application for settlement of debt.",
            "chapter": null,
            "content": "(a) the place where he resides or holds land;\n(b) the particulars of all claims against him together with names and residences of his creditors;\n(c) the particulars of all his property, together with specification of the value of such property and the place or places at which any such property is to be found;\n(d) the particulars of his family income;\n(e) a statement whether he has previously filed an application in respect of the same debt before the Board and, if so, with what result.\n(a) the place where the debtor resides or holds land;\n(b) the amount and particulars of his claim against such debtor;\n(c) a statement containing the particulars of property if any, pledged or mortgaged with him by a debtor, the specification of its value and the place or places where the property is to be found.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Assignee from non-debtor not entitled to benefit of this Act.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Consolidation of applications.",
            "chapter": null,
            "content": "(b) where separate applications are presented by or against joint debtors under that section, all such applications shall be consolidated and heard together.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Service of notice on debtors and creditors to submit statement of debts.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Debts in respect of which no application for settlement is made to be void.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Power of Board to effect settlement and decide disputes as to existence or amount of debt or assets.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Mode of taking accounts.",
            "chapter": null,
            "content": "(a) separate accounts of principal and interest (hereafter in this section referred to as the principal account and interest account, respectively) shall be taken regarding each party;\n(b) from the principal account,\n(i) there shall be debited to the debtor only such money as may, from time to time, have been actually received by him or on his account from the creditor and the price of goods, if any, sold to him by the creditor;\n(ii) there shall be credited to the debtor all such money already paid by the debtor towards the debt or towards the price of goods, if any, sold by him to the creditor;\nExplanation.\n(c) from the interest account,\n(i) there shall be debited to the debtor all the interest amounts due and claimed by the creditor, from the date the principal amount was borrowed upto the date of the application, the revenue or taxes paid to the Government or to the local authority by the creditor on behalf of the debtor and such other amount lent by the creditor;\n(ii) there shall be credited to the debtor, all the interest amounts paid to the creditor upto the date of the application, the revenue or taxes paid to the Government or to the local authority by the debtor on behalf of the creditor, the rent collected by the creditor through the utilisation of such income or rent on certain and specific immovable properties and such other amount paid to the creditor on account of the loan, provided that, for sufficient reasons to be recorded, such amount is acceptable to the Board as being so paid;\n(iii) there shall be credited or debited, as the case may be, all the amounts paid as foro.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Fraudulent alienations or encumbrances void.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Board's duty to determine paying capacity.",
            "chapter": null,
            "content": "(a) seven times of twenty per cent. of the gross value of-\n(i) his annual family income in the case of agricultural labourer or a rural artisan, or\n(ii) the annual agricultural produce of his land in the case of small farmer; or\n(b) the amount equivalent to twice the principal amount, whichever is lower.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Maximum amount allowable in repayment of a debt.",
            "chapter": null,
            "content": "(a) the amount determined as his paying capacity under section 18; or\n(b) the amount actually found due to the creditor, whichever is less.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Appeal from orders of Board.",
            "chapter": null,
            "content": "Chapter VI\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Execution of orders.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Bar on courts.",
            "chapter": null,
            "content": "(a) any suit, appeal or application for revision-\n(i) to question the validity of any procedure or the legality of any order passed under this Act; or\n(ii) to recover any debt deemed to have been duly discharged under the provisions of this Act;\n(b) any application to execute a decree passed by a court against a debtor;\n(c) any suit for declaration, or any suit or application for injunction effecting any proceedings under this Act before a Board or Administrative Tribunal.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Penalty for molestation.",
            "chapter": null,
            "content": "Explanation.\n(a) uses violence to or intimidates a debtor, or\n(b) obstructs or persistently follows a debtor from place to place or interferes with any property owned or used by him or deprives him of or hinders him in the use thereof, or\n(c) loiters near a house or other place where a debtor resides or works for gain, or carries on business or happens to be, or does any act calculated to annoy or intimidate a debtor shall be deemed to molest a debtor.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. Certain offences to be cognizable.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "25. Protection of action taken in good faith.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26",
            "title": "26. Appearance of party before Board by agent or by legal practitioner.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "27",
            "title": "27. Remission of interest.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "28",
            "title": "28. Power to make rules.",
            "chapter": null,
            "content": "(a) the matters referred to in clause (g) of section 9;\n(b) the time within which and the form in which applications shall be made to the Board and the manner in which such applications shall be signed and verified under section 10;\n(c) the form of the statements to be submitted by the debtor and creditors under that section;\n(d) the fees payable on applications and appeals;\n(e) the registers to be maintained by the Board;\n(f) any other matter which has to be or may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "29",
            "title": "29. Repeal.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        }
    ],
    "metadata": {
        "Act ID": "goa226",
        "Act Number": "(Act No. 8 of 1981)",
        "Enactment Date": "",
        "Act Year": "1980",
        "Short Title": "The Goa, Daman and Diu Debt Relief Act, 1980",
        "Type": "STATE",
        "Location": "Goa"
    },
    "updated_at": "2026-09-29 21:52:45"
}