Narayanikutty Amma v. Registrar of Co-operative Societies
2002-06-19
KURIAN JOSEPH
body2002
DigiLaw.ai
Judgment :- Kurian Joseph, J. What is the scope of the Kerala Agricultural Debtors (Temporary Relief) Act, 2001 (Act 19 of 2001)? Is it limited only to the agricultural debtors whose debts below Rs. 50, 000/- had become overdue as on 29.12. 2001 or does it apply to all small agricultural debtors -as on 29.12.2001, whose debts had not become overdue as on 29.12. 2001. 2. Ext. P2 circular issued by the first respondent is under challenge. By Ext. P2 the first respondent attempted to provide a restricted meaning to the expression'debt' in the Kerala Agricultural Debtors (Temporary Relief) Act, 2001 (Act 19 of 2001) (hereinafter referred to as the Act). S.2(v) of the Act defines debts as follows: "2(v). "debts" means any dues or liability in cash, whether secured or unsecured due from or incurred by an agriculturist on or before the commencement of this Act, whether pay able under a contract. or under decree or order of any Court, or Tribunal, or otherwise but does not include, - (a) any sum payable to, - (i) the Government of India or the Government of any other State or Union Territory; or (ii) the Reserve Bank of India or the State Bank of India or any subsidiary bank within the meaning of clause (k) of S.2 of the State Bank of India (Subsidiary Bank) Act, 1959 or a scheduled bank; (iii) any creditor as may be notified by the Government, from time to lime, or (b) any loan given to an agriculturist utilising the fund received by the Kerala State Housing Board from any Central Institutions including HUDCO providing financial assistance for housing; or (c) any debt exceeding fifty thousand rupees borrowed under a single transaction by an agriculturist and due before the commencement of this Act to a creditor;" Thus other conditions being satisfied, it would cover a debt below Rs. 50, 000/-. 3. In Ext. P2 circular the first respondent is however, of the view that the expression ' debt' would only mean a debt which has become overdue. He relies on S.5(1) which reads as follows: "5. Interest payable on debts.
50, 000/-. 3. In Ext. P2 circular the first respondent is however, of the view that the expression ' debt' would only mean a debt which has become overdue. He relies on S.5(1) which reads as follows: "5. Interest payable on debts. - (1) Notwithstanding anything contained in any law or contract or in any decree or order of any Court or Tribunal, for determining the amount due from an agriculturist for the purpose of payment under this Act, interest shall be calculated at the rate of applicable to the debt under the law or contract or the decree or order of the Court or Tribunal under which it arises or at the rate fixed by the Reserve Bank of India for similar debt or loan, whichever is less, with effect on and from the commencement of this Act, but nothing contained in this sub-section shall be deemed to require a reappropriation of interest already paid and credited before such commencement:" The Act came into effect on 29.12.2001. According to the Registrar the benefits under the Act would be available only in respect of those debts which had become overdue as on 29. 12, 2001. 4. I am afraid the stand of the Registrar cannot be justified. A reading of the entire provisions of the Act including the preamble would show that the Act is intended to provide temporary relief to the small agricultural debtors in the State of Kerala having a debt below Rs. 50, 000/- whether payable under a contract or under a decree or order of any court or Tribunal or otherwise. There is no dispute that in the case of the petitioner the amount became payable under a contract, covered by loan agreement. After all, the main benefits under the Act are interest holiday for six months, rescheduling the repayment in 30 instalments and the reduced rate of interest. The Act intends to provide temporary relief to those agriculturists whose total principal amount of debt does not exceed Rs. 50, 000/- as on 29.12.2001. Therefore, in the case of all those small agricultural debtors even if their debts have not become overdue as on 29.12.2001 they are entitled to the benefits of the Act.
The Act intends to provide temporary relief to those agriculturists whose total principal amount of debt does not exceed Rs. 50, 000/- as on 29.12.2001. Therefore, in the case of all those small agricultural debtors even if their debts have not become overdue as on 29.12.2001 they are entitled to the benefits of the Act. In other words, in the case of the agriculturists in whose cases there is an existing loan arrangement, they are entitled to those benefits of tax holiday for six months, rescheduling of the loan and reduced rate of interest. Providing a restricted meaning to the word "debt" in the case of only those agriculturists whose debts have become overdue would defeat the very purpose of the Act. 5. I set aside Ext. P2 circular of the first respondent. Consequently there will be a direction to the second respondent to grant the benefits of the Act to the petitioner. There will be a further direction to the first respondent to forthwith issue a circular to all the societies directing them to extend the benefits of the Act in the case of small agricultural debtors with a debt below Rs. 50, 000/- as on 29.12. 2001 and whose debts had not become overdue as on that date. The Original Petition is disposed of as above.