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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 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 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 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 I

Title: Preliminary

State: Central

Year: 1951

.....under the Displaced Persons (Claims) Act, 1950 (XLIV of 1950) in respect of which a final order has been passed under that Act relating to its verification and valuation; (14) "West Pakistan" means the territories of Pakistan excluding the Province of East Bengal. Section 3 - Over-riding effect of Act, rules and orders Save as otherwise expressly provided in this Act, the provisions of this Act and of the rules and orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, or in any decree or order of a court, or in any contract between the parties. Section 4 - Tribunals competent to exercise jurisdiction under this Act The State Government may, by notification in the Official Gazette, specify any civil court or class of civil courts as the Tribunal or Tribunals having authority to exercise jurisdiction under this Act and may define the areas in which and the extent to which such jurisdiction may be exercised.

Displaced Persons Debts Adjustment Act, 1951 Chapter I

Title: Preliminary

State: Central

Year: 1951

.....under the Displaced Persons (Claims) Act, 1950 (XLIV of 1950) in respect of which a final order has been passed under that Act relating to its verification and valuation; (14) "West Pakistan" means the territories of Pakistan excluding the Province of East Bengal. Section 3 - Over-riding effect of Act, rules and orders Save as otherwise expressly provided in this Act, the provisions of this Act and of the rules and orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, or in any decree or order of a court, or in any contract between the parties. Section 4 - Tribunals competent to exercise jurisdiction under this Act The State Government may, by notification in the Official Gazette, specify any civil court or class of civil courts as the Tribunal or Tribunals having authority to exercise jurisdiction under this Act and may define the areas in which and the extent to which such jurisdiction may be exercised.

Displaced Persons (Debts Adjustment) Act, 1951 Section 50

Title: Disputed Debtor Not to Be Deemed Insolvent

State: Central

Year: 1951

Notwithstanding anything contained in any law for the time being in force relating to insolvency, no displaced debtor shall be deemed to be insolvent or to have been adjudicated as such within the meaning of any law for the time being in force relating to insolvency by reason only of his applying to get his debts adjusted under this Act, and no petition in insolvency shall lie against a displaced debtor in respect of any debt incurred by him before the 15th day of August, 1947.

Displaced Persons Debts Adjustment Act, 1951 Section 50

Title: Disputed Debtor Not to Be Deemed Insolvent

State: Central

Year: 1951

Notwithstanding anything contained in any law for the time being in force relating to insolvency, no displaced debtor shall be deemed to be insolvent or to have been adjudicated as such within the meaning of any law for the time being in force relating to insolvency by reason only of his applying to get his debts adjusted under this Act, and no petition in insolvency shall lie against a displaced debtor in respect of any debt incurred by him before the 15th day of August, 1947.

Displaced Persons (Debts Adjustment) Act, 1951 Section 1

Title: Short Title, Extent and Commencement

State: Central

Year: 1951

(1) This Act may be called the Displaced Persons (Debts Adjustment) Act, 1951. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different States or for different parts thereof.