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Displaced Persons (Debts Adjustment) Act, 1951 Preamble 1

Title: Displaced Persons (Debts Adjustment) Act, 1951

State: Central

Year: 1951

THE DISPLACED PERSONS (DEBTS ADJUSTMENT) ACT, 1951 [Act, No. LXX of 1951] [7th November, 1951] PREAMBLE An Act to make certain provisions for the adjustment and settlement of debts due by displaced persons, for the recovery of certain debts due to them and for matters connected therewith or incidental thereto. BE it enacted by Parliament as follows:--

Displaced Persons Debts Adjustment Act, 1951 Preamble 1

Title: Displaced Persons Debt Adjustment Act, 1951

State: Central

Year: 1951

THE DISPLACED PERSONS (DEBTS ADJUSTMENT) ACT, 1951 [Act, No. 70 of 1951] [7th November, 1951] PREAMBLE An Act to make certain provisions for the adjustment and settlement of debts due by displaced persons,?for the recovery of certain debts due to them and for matters connected therewith or incidental thereto. BE it enacted by Parliament as follows:--

Displaced Persons (Debts Adjustment) Act, 1951 Chapter II

Title: Dest Adjustment Proceedings

State: Central

Year: 1951

.....both movable and immovable (including claims due to him) which are not liable to attachment either under the Code of Civil Procedure, 1908 (Act V of 1908), as amended by section 31 of this Act or under any other law for the time being in force, a specification of the values thereof and of the places where the same may be found; (iii) a schedule of all his properties, both movable and immovable (including claims due to him) which are not included in the schedule under item (ii) of this clause; and (iv) a schedule of all his properties in respect of which a claim has been submitted to the registering officer under the Displaced Persons (Claims) Act, 1950 (XLIV of 1950), and, where any order has been passed in relation to the verification and valuation of the claim under that Act, with a certified copy of the order. (3) All persons whose names are shown in any schedule as having claims against the displaced debtor and all persons whose names are shown as joint-debtors shall be deemed to be the respondents to the application and there shall be filed along with the application, or with the permission of the Tribunal at any later state of the proceedings, as many copies.....

Displaced Persons (Debts Adjustment) Act, 1951 Section 5

Title: Application by Displaced Debtors for Adjustment of Debts

State: Central

Year: 1951

.....(including claims due to him) which are not liable to attachment either under the Code of Civil Procedure, 1908 (Act V of 1908), as amended by section 31 of this Act or under any other law for the time being in force, a specification of the values thereof and of the places where the same may be found; (iii) a schedule of all his properties, both movable and immovable (including claims due to him) which are not included in the schedule under item (ii) of this clause; and (iv) a schedule of all his properties in respect of which a claim has been submitted to the registering officer under the Displaced Persons (Claims) Act, 1950 (XLIV of 1950), and, where any order has been passed in relation to the verification and valuation of the claim under that Act, with a certified copy of the order. (3) All persons whose names are shown in any schedule as having claims against the displaced debtor and all persons whose names are shown as joint-debtors shall be deemed to be the respondents to the application and there shall be filed along with the application, or with the permission of the Tribunal at any later state of the proceedings, as many copies of the application and as many.....

Displaced Persons Debts Adjustment Act, 1951 Chapter II

Title: Dest Adjustment Proceedings

State: Central

Year: 1951

.....both movable and immovable (including claims due to him) which are not liable to attachment either under the Code of Civil Procedure, 1908 (Act V of 1908), as amended by section 31 of this Act or under any other law for the time being in force, a specification of the values thereof and of the places where the same may be found; (iii) a schedule of all his properties, both movable and immovable (including claims due to him) which are not included in the schedule under item (ii) of this clause; and (iv) a schedule of all his properties in respect of which a claim has been submitted to the registering officer under the Displaced Persons (Claims) Act, 1950 (XLIV of 1950), and, where any order has been passed in relation to the verification and valuation of the claim under that Act, with a certified copy of the order. (3) All persons whose names are shown in any schedule as having claims against the displaced debtor and all persons whose names are shown as joint-debtors shall be deemed to be the respondents to the application and there shall be filed along with the application, or with the permission of the Tribunal at any later state of the proceedings, as many copies.....

Displaced Persons Debts Adjustment Act, 1951 Section 5

Title: Application by Displaced Debtors for Adjustment of Debts

State: Central

Year: 1951

.....(including claims due to him) which are not liable to attachment either under the Code of Civil Procedure, 1908 (Act V of 1908), as amended by section 31 of this Act or under any other law for the time being in force, a specification of the values thereof and of the places where the same may be found; (iii) a schedule of all his properties, both movable and immovable (including claims due to him) which are not included in the schedule under item (ii) of this clause; and (iv) a schedule of all his properties in respect of which a claim has been submitted to the registering officer under the Displaced Persons (Claims) Act, 1950 (XLIV of 1950), and, where any order has been passed in relation to the verification and valuation of the claim under that Act, with a certified copy of the order. (3) All persons whose names are shown in any schedule as having claims against the displaced debtor and all persons whose names are shown as joint-debtors shall be deemed to be the respondents to the application and there shall be filed along with the application, or with the permission of the Tribunal at any later state of the proceedings, as many copies of the application and as many.....

Displaced Persons (Debts Adjustment) Act,1951 Complete Act

State: Central

Year: 1951

.....the Indian Companies Act, 1913, and includes a company deemed to be registered under that Act by reason of any of the provisions contained in this Act: (2) "Companies Act" means the Indian Companies Act, 1913; (3) "compensation" means any compensation paid, whether in cash or in kind, in respect of any immovable property in West Pakistan belonging to a displaced person under any general scheme arrived at in this behalf between the Government of India and the Government of Pakistan or framed by the Government of India; (4) "co-operative society" means a co-operative society registered under the Co-operative Societies Act, 1912or under any other law for the time being in force in any State for the registration of cooperative societies; (5) "Co-operative Societies Act" meansthe Co-operative Societies Act, 1912, and includes any other law for the time being in force in any State relating to co-operative societies; (6) "debt" means any pecuniary liability, whether payable presently or in future, or under a decree or order of a Civil or Revenue Court or otherwise, or whether ascertained or to be ascertained, which - (a) in the case of displaced person who has left or been displaced.....

Displaced Persons (Debts Adjustment) Act, 1951 Chapter V

Title: Miscellaneous

State: Central

Year: 1951

.....of the debt due by the displaced debtor. Section 53 - Application of the Limitation Act Subject to the other provisions contained in this Act, the Indian Limitation Act, 1908 (IX of 1908) shall apply to the institution of any proceeding under this Act, and, for the purpose of determining and computing the period of limitation prescribed by that Act in relation thereto, every application made under this Act shall be deemed to be a suit for the purpose of that Act. Section 54 - Order XXXVIII of the First Schedule to the Code of Civil Procedure not to apply Nothing contained in Order XXXVIII of the First Schedule to the Code of Civil Procedure, 1908 (Act V of 1908) relating to arrest and attachment before judgement, shall apply to any proceeding under this Act. Section 55 - Protection of action taken in good faith No suit, prosecution or other legal proceeding shall lie against the Government or any person, in respect of anything done or intended to be done by it or him in good faith in pursuance of this Act or of any rule or order made thereunder. Section 56 - Delegation of powers The Central Government may, by notification in the Official Gazette, direct.....

Displaced Persons (Debts Adjustment) Act, 1951 Chapter III

Title: Reliefs

State: Central

Year: 1951

.....be liable to arrest or imprisonment in execution of any decree for the recovery of any debt whether passed before or after the commencement of this Act. Section 31 - Further reliefs in the matter of attachment of property Section 60 of the Code of Civil Procedure, 1908 (Act V of 1908) shall, in relation to the execution of any decree for a debt against a displaced person (whether passed before or after the commencement of this Act), have effect, as if-- (1) for clause (c) of the proviso to sub-section (1), the following clauses had been substituted, namely:-- "(c) houses and other buildings (with the materials and the sites thereof and the land immediately appertaining thereto and necessary for their enjoyment) belonging to an agriculturist and not proved by the decree-holder to have been let out on rent or otherwise to any person other than the father, mother, wife, son, daughter, daughter-in-law, brother, sister or other dependent of the judgement-debtor or to have been left vacant for a period of one year or more; (cc) milch animals, whether in milk or in calf, kids, animals used for the purpose of transport or draught cart and open spaces or enclosures belonging to.....

Displaced Persons (Debts Adjustment) Act, 1951 Section 39

Title: Encouragement of Settlements

State: Central

Year: 1951

If the displaced debtor and the creditor or, where there are more creditor than one, such number thereof as hold more than two-thirds in value of the debts due from the displaced debtor enter into an agreement for the adjustment of the liabilities, the Tribunal shall, if an application is made to it in this behalf, after giving due notice to the other creditors affected, adjust the remaining debts accordingly if the terms of the agreement are just and fair, and pass a decree accordingly.