Title : the Bhagelas Contracts Act of 1943 F
State : Maharashtra
Year : 1943
THE BHAGELAS CONTRACTS ACT OF 1353 F [Act No. 9 of 1353 Fasli] [21st Isfandar, 1353 Fasli] PREAMBLE WHEREAS it is expedient to re-enact the provisions relating to Bhagelas contracts; It is hereby enacted as follows :- View Complete Act List Judgments citing this sectionTitle : Short Title, Commencement and Extent
State : Maharashtra
Year : 1943
This Act may called the Bhagelas Contracts Act of 1353 F., and it shall come into force in the whole of H.E.H. the Nizam's Dominions from the date of its* publication in the Jarida. ______________ * Published in the Jarida, dated 12th Fawardi, 1353 F. View Complete Act List Judgments citing this sectionTitle : Repeal and Saving
State : Maharashtra
Year : 1943
The Bhagelas Contracts Regulation of 1345 F., shall be deemed to be repealed as from the commencement of this Act, but in respect of every such Bhagela contract as may be in force on the commencement of the Bhagelas Contracts Regulation of 1345 F., any of the following matters which has not occurred prior to that shall be deemed, after the expiry of one year from the said date, to have occurred,- (a) all the stipulated labor has been duly performed and every kind of obligation for the performance of labor or the supply of Bhagela has been discharged; (b) the advance, or principal and interest have been paid; (c) the debt and interest thereon have been settled. View Complete Act List Judgments citing this sectionTitle : Definitions
State : Maharashtra
Year : 1943
In this Act unless there is anything repugnant in the subject or context :- (1) "advance" means an advance in cash or in kind or partly in cash and partly in kind and includes any transaction which is held under this Act to be substantially an advance; (2) "executant" means a party to the Bhagela contract which undertakes that it, or some other person under its guardianship, shall work for wages: (3) "Bhagela" means a person who under the term of the Bhagela contract is responsible to work for wages; (4) "Bhagela transaction" means a transaction, written or oral, or partly written and partly oral, wherein the consideration for the labor by any person is an "advance" made or to be made to any person, and the interest on such "advance" or a debt due by any person and the interest..... View Complete Act List Judgments citing this sectionTitle : Certain Matters to Be Observed in Execution of Bhagela Contracts
State : Maharashtra
Year : 1943
(1) After the commencement of this Act, the following matters shall be observed at the time of execution of every Bhagela contract and in case of contravention such contract shall be deemed to be void :- (a) All the terms of the contract entered into between the parties shall be recorded in a document and it shall be entered in a register in the office of the village Patwari within such period and on payment of such fee to the Patwari as the Government may prescribe by rules under this Act; (b) The person making the advance or to whom the debt is due, shall deliver to the executant a certified copy of the document referred to in clause (a) at the time of execution of the document; (c) The period expressed or implied during which the labor is to be performed shall not in any case..... View Complete Act List Judgments citing this sectionTitle : Rate of Interest Under Bhagela Contract
State : Maharashtra
Year : 1943
The interest under a Bhagela contract shall not be recovered at a rate of simple interest exceeding six per cent. per annum. View Complete Act List Judgments citing this sectionTitle : Agricultural Labor Contract Shall Become Void, and Liability to Labor Extinguished on Death of Bhagela or Other Executant
State : Maharashtra
Year : 1943
A Bhagela contract shall become void on the death of the Bhagela or of the executant even though it was executed under the Bhagela Contract Regulation of 1345 F., and notwithstanding anything contained in the Bhagela contract or in any other law, no liability for performance or non-performance of labor shall lie with the estate of the deceased or with any of his heirs nor shall any suit be instituted to satisfy such liability. View Complete Act List Judgments citing this sectionTitle : Bar of Suit in Respect of Void Bhagela Contract
State : Maharashtra
Year : 1943
Notwithstanding anything contained in the Hyderabad Contract Act of 1316 F. when a Bhagela contract is void under section 4 or otherwise, or becomes void under section 6, no suit shall lie for restoration of any advantage or compensation thereof received by the executant or, in particular, for the recovery of any advance, debt or interest which is the consideration or part of the consideration of the contract. View Complete Act List Judgments citing this sectionTitle : Bar of Suits in Respect of Bhagela Contract Except Suits Instituted for Recovery of Remuneration of Work Not Performed Without Just Cause
State : Maharashtra
Year : 1943
(1) Except in the case referred to in this section, no suit shall lie against the executant of a Bhagela contract or any other person for non-performance of labor, or in respect of any advance, debt or interest which is the consideration or part of the consideration of the contract. (2) If during the period of valid Bhagela contract, the Bhagela without just cause withholds the stipulated labor, then, subject to the provisions contained in section 5, an application may be made against the executant within three months after the termination of the period of contract to the Tahsildar of the taluka in which the executant resides, for the recovery of the actual remuneration of the work so withheld or not performed, but on such application the Tahsildar shall not decree a sum exceeding the..... View Complete Act List Judgments citing this sectionTitle : Procedure for Enforcement of Provisions of Sections 2, 4 and 6
State : Maharashtra
Year : 1943
If the provisions of section 1[2], 4 or 6 are contravened, a Bhagela may apply for relief to the Tahsildar of the taluq in which he resides. If the Tahsildar, after giving a hearing to the parties, is satisfied that the contract was terminated under section 1[2] or that it is void under section 4 or section 6, he may pass an order accordingly and by such order the contract shall terminate. __________ 1. Amended by Act No. XV of 1357 F. View Complete Act List Judgments citing this section