The ASSAM DEBT CONCILIATION (AMENDMENT) ACT, 1943
## THE ASSAM DEBT CONCILIATION

(AMENDMENT) ACT, 1943.

**[Passed** **by the Assatn** **Legislarore.J**

(Received the assent of the Governor oo the 9th December 1943.1

(Publi~hcd in the _Assam_ _Ga<.ttte or the 15th December 1943._

_An Aclto amend lhe_ _Assam Debt Conciliation Act,_

_1936._

Prt-amble. \\'uEREAS it is expedient to amend the Assam

Assam Act

Debt Conciliation Act, J 936, in the manner

X of 1936.

h,.reinaftcr appearing ;

## It is hereby enacted as follows :-

Short title 1. (1) 1 his Act may be called the Assam
and ~xtent. Debt Conciliation (Amendment) Act, 1943.

(2) It shall have the like extent as the Assam

Dt•b t Conciliation Act, 1936, hereinafter referred Assam Act.

to as the principal Act. X of 1936.

Amendment 2. In section 2 of the priucipal Act-

of section 2

of Assam (i) .Fo1· clause (c) the following shall be sul.,stt-
Act X ol tutc:l, namely:-

1936.

_'(c)"_ Creditor" means a person to whom a debt
i!. owing and includes his heirs, executors, ad-
ministrators and assigns, and it also includes a
Co-operalive Society registered under the Co-
perative Societies' Act (II of 1912).'

(ii) For clause _(e)_ the following shall be mb-

stitutcd, namely:-
' (e) "Debtor" means a person who owes a debt
and who earns his livelihood mainly by agricul-

ture-, and includes his heirs, executors, adminis·

trator~ and assigns. '

Amendment 3. In section 8 of the principal Act-

of section 8
ot Assam _(i)_ in sub-section (I) between the words "by
Act X of the debtor" and "Such statement " the following

1936.

~hall b'! inserted, namely:-

"and to appear personally or by an authorised

agt-nt before the Board on Lhe date fixed for the
examination of the statement or settlement of the
case" ; and

_Price 1 anna_ _or_ _ld._


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(iiJ in sub-section (2) after the word "Board''

where it first occurs the words "or in respect of
which the creditor fails to appear " shall be

inserted ; and after the word "discharged " a

" comma" shall be substituted for the                - colon",
and the words "and any property of the debtor
in possession of such creditor shall be released
within 30 days from the date of passing of such

order:" shall be inserted.

Amendment 4. In sub-section (2) ofseetion 1 2 of the prin-

ofsection 12 cipal Act, after the \\Ord " prescribed" the
of Assam comma and the words " and it ~hall then take

~~; X of efft>ct as if it were a decree of rhe Civil Court. ·•
6

         - · !'hall be omitted.

Amendment 5. In section 13 of the principal Act-
of section L3 (i) in sub-section (lJ for the words '' as an
of Assam
Act X of a rrear of land revenue " the words and figures

1936. " under the procednre laid down in se'iion 69 of Regulation

the Assam Land and Revenue Regulatwn, 1886" l of 1886.

shall be substitute-d ;
( ii) in sub-section ( 3) for the words "as au

arrear of land revenue " the words, figure and
brackets " under th'.! provisions of sub-section
(l} " shall be substituted ; and

_(iii)_ for sub-section (4) the following shall be
substituted, namely :-

"(1} When the Deputy Commi.;sioner certifies

under sub-section (3) that any debt is irrecover-

able such certificate shall be deemed to be a
decree and the creditor to be the decree-holder
wi1llin the meaning or the Code of Civil Pro-

cedure, 1Q08, and the nearest Civil Court by Act V of
which anr decree for like amount could be 1908.
"'xccuted shall, for the purposes of the said
Codt', be dl'emed to be the Court which passed
the decree, and all the provisions of that Cod e

as to the execution of decrees shall apply accord-

## mgt\."

Amendment 6. I n sub-section (1) of section 21 of the

ofsection 21 principal Act, after the words « Civil Court " the

:>Af Asxsam f words " or a Reven ue Court " shall be added.

~l 0

1936.

/\.G. P. (L.C.) No.I03-750+7S0-2l-6-19~4.


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