The Assam Debt Conciliation Act, 1936

{
    "id": 13958,
    "slug": "the-assam-debt-conciliation-act-1936",
    "title": "The Assam Debt Conciliation Act, 1936",
    "short_title": "The Assam Debt Conciliation Act, 1936",
    "act_number": "Assam Act 4 of 1936",
    "act_year": 1936,
    "act_type": "STATE",
    "location": "Assam",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Assam Debt Conciliation Act, 1936",
    "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) \"Agriculture\" includes horticulture, dairy farming and sericulture, and the use of land for purpose of husbandry inclusive of keeping or breeding of live-stock, poultry or bees and the growing of fruits, vegetable and the like;\n(b) \"Board\" means a Debt Conciliation Board established under sub-section (1) of section 3;\n(c) \"Creditor\" means a person to whom a debt is owing and includes his heirs, executors, administrators and assigns and it also includes a Co-operative Society registered under the Co-operative Societies Act, 1912 (2 of 1912);\n(d) \"Debt\" includes all liabilities in cash or kind, secured or unsecured, payable under a decree or order of a Civil Court or otherwise, whether due, or not due, but shall not include rent not due, arrear of wages, land revenue or anything recoverable as an arrears of land revenue, or any claim for the recovery of which a suit or application is barred by limitation;\n(e) \"Debtor\" means a person who owes a debt and who earns his livelihood mainly by agriculture, and includes his heirs, administrators, executors and assigns ;\n(f) \"Prescribed\" means prescribed by Rules made under this Act;\n(g) \"Deputy Commissioner\" means the Deputy Commissioner of a District or any other officer appointed by the State Government to discharge any of the functions of a Deputy Commissioner under this Act.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Establishment of Debt Conciliation Board.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Application for settlement between debtor and his creditor.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Verification of application.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Statement of debts to be included in application.",
            "chapter": null,
            "content": "(a) the names and addresses of his creditors, the total amount claimed by each creditor to be owing to him in respect of each debt, so far as is known to the debtor, and a note whether each such claim is admitted by the debtor;\n(b) the history of each such debt, so far as is known to the debtor, with particulars of the original principal and the rate of interest chargeable;\n(c) particulars of such other liability which does not constitute a debt under this Act;\n(d) particulars of the debtor's property, both movable and immovable (including claims due to him), a specification of its value and the places where it may be found and details of any attachment, mortgage, lien or charge subsisting thereon;\n(e) particulars of any income from sources other than agriculture;\n(f) a declaration that ail liabilities, debts and properties have been disclosed in the statement, and that the debtor is unable to pay his debts.\n(a) the total amount of every debt claimed by him to be owing to him by the debtor;\n(b) the history of each such debt with particulars of the original principal, the rate of interest chargeable, and payments made either as interest or principal;\n(c) particulars, so far as they are known to the creditor, of the debtor's property, as in Clause (d) of sub-section (1);\n(d) particulars so far as they are known to the creditor, of any income of the debtor from sources other than agriculture; and\n(e) a declaration that agriculture is the main source of livelihood of the debtor.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Procedure on application.",
            "chapter": null,
            "content": "(b) On receipt of an objection under Clause (a) of sub-section (3) the Board shall make such order thereon as it thinks fit.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Notice calling upon creditors to submit statement of debts.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Procedure on submission of statement of debts.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Board to endeavour amicable settlement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Powers of Board to require attendance of persons and production of documents and to receive evidence.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Agreement of amicable settlement, its registration and effect.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Recovery of sums due under agreement and distribution thereof.",
            "chapter": null,
            "content": "(a) he shall, in the first instance, apply the sum realised from the sale of any portion of the immovable property referred to in Section 12 (4) to the payment of any amount payable under the agreement on account of-(i) rent in respect of the property sold; (ii) any debt which is secured by a mortgage, lien or charge on such property in order of priority determined in accordance with the provisions of the Transfer of Property Act, 1882. and, if the said sum is insufficient to meet such payments, the amounts which have remained unpaid shall rank equally with unsecured debt;\n(b) if there is a surplus after the payments have been made under Clause (a), the Deputy Commissioner shall apply to the payment of any other amounts payable under the agreement the sum of the surplus and of the proceeds realised from the sale of such portion of any other property of the debtor as well, together with the surplus, be sufficient to meet the payment of such amounts;\n(c) if the sum of the surplus and sale proceeds referred to in Clause (b) is insufficient to meet the payment of other amounts referred to therein, such other amounts and any other amount payable on account of any unsecured debt for the recovery of which a decree have been passed by a Civil Court and of which details are given in the agreement shall rank equally between themselves for the purposes of payment;\n(d) any further surplus remaining after the payments have been made under Clauses (a), (b) and (c) shall be paid by the Deputy Commissioner to the debtor.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Power of Board to dismiss application.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Grant of certificate by Board in respect of certain debts.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Bar of civil suit or proceeding.",
            "chapter": null,
            "content": "(a) any suit or proceeding in respect of-\n(i) any matter pending before a Board, or\n(ii) the validity of any procedure or the legality of any agreement made under this Act, or\n(iii) the recovery of any debt recorded as wholly or partly payable under an agreement registered under sub-section (2) of Section 12 from any person who as a debtor, was party to such agreement is subsisting or not, or\n(iv) the recovery of any debt which has been deemed to have been duly discharged under sub-section (2) of Section 8, except a debt which is revived under the proviso to that sub-section;\n(b) any application to execute a decree, the execution of which is suspended under sub-section (3) of Section 15.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Avoidance of certain transfers of debtor's property.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Bar of appeal or revision.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Power of Board to review its order.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Appearance of party before Board by legal practitioners.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Suspension of pending application of suit.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 11th February, 2020 [ass138]",
        "Act Number": "Assam Act 4 of 1936",
        "Enactment Date": "",
        "Act Year": "1936",
        "Short Title": "The Assam Debt Conciliation Act, 1936",
        "Type": "STATE",
        "Location": "Assam"
    },
    "updated_at": "2026-09-29 21:55:18"
}