{ "schema_version": "qanun-law-text/1", "id": "punjab-code-57810185b7af699d", "title": "PUNJAB RELIEF OF INDEBTEDNESS ACT, 1934", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/AzVQZAQ3BT0-", "version": null, "source_snapshot": "2026-08-06T17:00:01Z", "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "508f6b692eeefcb1c7682276fd9de05e387fbf504beb02d7fc86a403672e5602", "source_sha256": "508f6b692eeefcb1c7682276fd9de05e387fbf504beb02d7fc86a403672e5602", "text_version_id": "law:punjab-code-57810185b7af699d:sha256:508f6b692eeefcb1c7682276fd9de05e387fbf504beb02d7fc86a403672e5602", "quality_flags": [], "encoding": "UTF-8", "text": "CONTENTS \r\nPART I \r\nPreliminary \r\n1. Short title, extent and commencement. \r\n2. Interpretation clause. \r\nPART II \r\nInsolvency Procedure \r\n3. [Omitted] \r\n4. [Omitted] \r\nPART III \r\nUsurious Loans \r\n5. [Repealed] \r\n6. [Repealed] \r\nPART IV \r\nDebt Conciliation Boards \r\n7. Interpretation clause (definitions). \r\n8. Setting up of Debt Conciliation Boards. \r\n9. Application for settlement between a debtor and his creditors. \r\n10. Verification of application. \r\n11. Particulars to be stated in application. \r\n12. Procedure on receipt of application. \r\n13. Notice calling upon creditors to submit statements of debts. \r\n14. Procedure on submission of statements of debts. \r\n15. Board to attempt amicable settlement. \r\n15-A. Power of board to adjudicate on genuineness or enforceability of debts. \r\n16. Power of Board to require attendance of persons and production of \r\ndocuments and to receive evidence. \r\nTHE PUNJAB RELIEF OF INDEBTEDNESS ACT, 1934 \r\n(VII of 1934) \r\n \r\n17. Registration and effect of agreement. \r\n18. Dismissal of applications in default. \r\n19. Bar to successive applications. \r\n20. Grant of certificate by board in respect of debts. \r\nPower of court to disallow costs or interest. \r\n20-A. Decision of Board to be final. \r\n21. Bar of civil suits. \r\n22. Bar of appeal or revision. \r\n23. Power of board to review its order. \r\n24. Appearance of party before board by agent or by legal practitioner. \r\n25. Bar to new suits and applications and suspension of pending suits and \r\napplications. \r\n26. Extension of limitation. \r\n27. Members of boards deemed to be public servants. \r\n28. Power to make rules. \r\n29. Penalty for breach of the rules. \r\nPART V \r\nDamdupat \r\n30. [Repealed] \r\nPART VI \r\nDeposit in Court \r\n31. [Repealed] \r\n32. [Repealed] \r\nPART VII \r\nRedemption of Mortgages \r\n33. [Repealed] \r\nPART VIII \r\nMiscellaneous Amendments of the Civil Law \r\n34. [Repealed] \r\n35. [Repealed] \r\n36. [Repealed] \r\n37. [Repealed] \r\n38. [Repealed] \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB RELIEF OF INDEBTEDNESS ACT, 1934 \r\n(VII of 1934) \r\n[12 April 1935] \r\nAn \r\nAct \r\nto provide for the Relief of Indebtedness in the Punjab. \r\n WHEREAS it is expedient to amend the law governing the relations between debtors \r\nand creditors; \r\n And Whereas the previous sanction of the Governor-General required under section \r\n80-A(3) of the Government of India Act and the previous sanction of the Governor required \r\nunder section 80-C of the said Act have been obtained; \r\n It is hereby enacted as follows:– \r\nPART I \r\nPreliminary \r\n1. Short title, extent and commencement .– (1) This Act may be called the Punjab \r\nRelief of Indebtedness Act, 1934. \r\n (2) This Part and Parts III, IV, V, VI, VII and VIII shall extend to the whole of the \r\nPunjab and Part II to such areas as the \r\n2\r\n[Provincial Government] \r\n3\r\n[or the Board of Revenue] \r\nmay from time to time, by notification, direct. \r\n (3) This Act shall come into force on such date as the \r\n4\r\n[Provincial Government] \r\nmay, by notification, appoint in this behalf. \r\n2. Interpretation clause.– In this Act, unless there is anything repugnant in the subject \r\nor context,– \r\n5\r\n[(1) “Court” or “Civil Court” includes a Court of insolvency, a receiver appointed \r\nunder the Provincial Insolvency Act, 1920, and an arbitrator appointed with the \r\nconsent of the parties or by an order of a Court.] \r\n \r\n1For Statement of Objects and Reasons, see the Punjab Gazette, 1934, Extraordinary, p p. 23-24; for Report of the Select \r\nCommittee, see ibid., 1934, Part V, pp. 23-27; for Proceedings in Council, see the Punjab Legislative Council Debates, Volume \r\nXXV, pp. 2480, 1068-1069; 80-106; 184-213; 318-363; 667-692; 862-984; 986-1018; 1023-1127; 1155-1182; 1191-1216; 1363-\r\n1396. \r\nThis Act received the assent by the His Excellency the Governor on February 4, 1935; that of the Governor-General on April 5, \r\n1935; published in the Punjab Gazette, Part I, dated April 12, 1935 vide Notification No. 161, dated April 8, 1935. \r\n2Substituted for the words “Local Government” by the Government of India ( Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n3Inserted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West \r\nPakistan (Extraordinary), dated July 25, 1957, pp. 709-789, s. 3(3) read with Schedule III. \r\n4Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, publish ed \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n5Inserted by the Punjab Relief of Indebtedness (Amendment) Act, 1940 (XII of 1940), published in the Government Gazette \r\n(Extraordinary), Punjab, dated October 5, 1940, pp. 295-299, s. 2(b). \r\n1\r\n[(2)] “Interest” means rate of interest and includes the return to be made over and \r\nabove what was actually lent whether the same is charged or sought to be \r\nrecovered specifically by way of interest or otherwise; \r\n2\r\n[(3)] “Loan” means a loan whether of money or in kind, and includes any transaction \r\nwhich is, in the opinion of the court, in substance a loan. \r\nPART II \r\nInsolvency Procedure \r\n3. \r\n3\r\n[ * * * * * * * * * ] \r\n4. \r\n4\r\n[* * * * * * * * * * ] \r\nPART III \r\nUsurious Loans \r\n5. \r\n5\r\n[ * * * * * * * * * ] \r\n6. \r\n6\r\n[ * * * * * * * * * ] \r\nPART IV \r\nDebt Conciliation Boards \r\n7. Interpretation clause (definitions).– (1) “Debt” includes all liabilities of a debtor in \r\ncash or in kind, secured or unsecured, payable under a decree or order of a civil court or \r\notherwise, whether mature or not, but shall not include debts incurred for the purposes of \r\ntrade, arrears of wages, land revenue or anything recoverable as an arrear of land revenue, \r\nor any debt which is barred by the law of limitation, or debts due to co-operative banks or to \r\nco-operative societies or to \r\n7\r\n[* * *] any banking company registered under the \r\n8\r\n[*] Companies \r\nAct, 1913\r\n9\r\n, \r\n10\r\n[prior to the first day of April, 1937, or any bank included in the second Schedule \r\nto \r\n11\r\n[the State Bank of Pakistan Order, 1948], other than debts transferred to such societies, \r\nbanks or banking companies during the pendency of an application under section 9 in which \r\nsuch debts could be taken into consideration for the purposes of this Act, or debts \r\n \r\n1Renumbered for “(1)” ibid., s. 2(a). \r\n2Renumbered for “(2)” ibid. \r\n3Omitted by the Provincial Insolvency (West Pakistan Amendment) Ordinance, 1959 (VIII of 1959), published in the Gazette of \r\nWest Pakistan (Extraordinary), dated March 25, 1959, pp. 199-200, s. 3 read with Schedule. \r\n4Ibid. \r\n5Repealed by the West Pakistan Usurious Loans Ordinance, 1959 (XVIII of 1959) , published in the Gazette of West Pakistan \r\n(Extraordinary), dated April 1, 1959, pp. 255-259, s. 6 read with Schedule. \r\n6Ibid. \r\n7Omitted the words “the Imperial Bank of India or to” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of \r\n1955) published in the Punjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read with First Schedule. \r\n8Omitted the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955) published in the \r\nPunjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read with First Schedule. \r\n9VII of 1913. \r\n10Substituted for the words “or the law relating to companies for the time being in force in British India” by the Punjab Relie f of \r\nIndebtedness (Amendment) Act, 1940 (XII of 1940), published in the Government Gazette (Extraordinary), Punjab, dated \r\nOctober 5, 1940, pp. 295-299, s. 4(a). \r\n11Substituted for the words “the Reserve Bank of India, 1934” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 \r\n(XV of 1955) published in the Punjab Gazette (Extraordinary), dated January 21, 1955, pp. 87 -108, s. 2 read with First \r\nSchedule. \r\ntransferred to such societies, banks or banking companies on or after the 2nd day of \r\nSeptember, 1938, if in the opinion of the board such transfer was effected with a view to \r\navoid the operation of this Act.] \r\n (2) “Debtor” means a person who owes a debt and– \r\n(i) who both earns his livelihood mainly by agriculture, and is either a landowner, \r\nor tenant of agricultural land, or a servant of a landowner, or of a tenant of \r\nagricultural land; or \r\n(ii) who earns his livelihood as a village menial paid in cash or kind for work \r\nconnected with agriculture: \r\n1\r\n[or] \r\n2\r\n[(iii) whose total assets do not exceed five thousand rupees:] \r\nProvided that a member of a tribe, notified as agricultural under the Punjab \r\nAlienation of Land Act, 1900\r\n3\r\n, shall be presumed to be a debtor as defined in this \r\nsection until it is proved that his income from other sources is greater than his income \r\nfrom agriculture. \r\nExplanation.– (i) A debtor shall not lose his status as such through involuntary \r\nunemployment or on account of incapacity, temporary or permanent, by bodily infirmity, or, if \r\nhe is or has been in service of \r\n4\r\n[Pakistan’s] Military or Naval \r\n5\r\n[or Air] Forces, only on account \r\nof his pay and allowances or pension exceeding his income from agricultural sources. \r\n(ii) A debtor shall not lose his status as such by reason of the fact that he makes \r\nincome by using his plough cattle for purposes of transport. \r\n(iii) A debtor shall not lose his status as such only because he does not cultivate \r\nwith his own hands. \r\n \r\n6\r\n[ * * * * * * * * * ] \r\n (3) “Agriculture” shall include horticulture and the use of land for any purpose of \r\nhusbandry inclusive of the keeping or breeding of livestock, poultry, or bees, and the growth \r\nof fruit, vegetables and the like. \r\n (4) “Prescribed” means prescribed by rules made under this part of the Act. \r\n8. Setting up of Debt Conciliation Boards .– (1) (a) The \r\n7\r\n[Provincial Government] \r\n8\r\n[or \r\nthe Board of R evenue] may for the purpose of amicable settlement between debtors and \r\ntheir creditors establish debt conciliation boards. \r\n(b) The \r\n1\r\n[Provincial Government] \r\n2\r\n[or the Board of Revenue] shall define the local \r\nlimits of the area in which a board shall have jurisdiction. \r\n \r\n1Inserted by the Punjab Relief of Indebtedness (Amendment) Act, 1940 (XII of 1940), published in the Government Gazette \r\n(Extraordinary), Punjab, dated October 5, 1940, pp. 295-299, s. 4(b)(i). \r\n2Inserted by the Pun jab Relief of Indebtedness (Amendment) Act, 1940 (XII of 1940), published in the Government Gazette \r\n(Extraordinary), Punjab, dated October 5, 1940, pp. 295-299, s. 4(b)(ii). \r\n3XIII of 1900. \r\n4Substituted for the words “His Majesty’s” by the West Pakistan Law s (Adaptation) Order 1964, published in the Gazette of West \r\nPakistan (Extraordinary), dated June 3, 1964, pp. 1805-1849, s. 2(1) read with Schedule. \r\n5Inserted by the Punjab Relief of Indebtedness (Amendment) Act, 1940 (XII of 1940), published in the Gover nment Gazette \r\n(Extraordinary), Punjab, dated October 5, 1940, pp. 295-299, s. 4(c). \r\n6Omitted by the Punjab Relief of Indebtedness (Amendment) Act, 194 2 (VI of 194 2), published in the Government Gazette \r\n(Extraordinary), Punjab, dated April 22, 1942, pp. 49-50, s. 2. \r\n7Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the \r\nGazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n8Inserted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakis tan \r\n(Extraordinary), dated July 25, 1957, pp. 709-789, s. 3(3) read with Schedule III. \r\n(c) The \r\n3\r\n[Provincial Government] \r\n4\r\n[or the Board of Revenue] shall determine \r\nthe pecuniary limits of the jurisdiction of the board, provided that no board \r\nshall have jurisdiction to make a settlement between a debtor and his \r\ncreditors if the tota l debts of the debtor exceed Rs.10,000 or such larger \r\namount as the \r\n5\r\n[Provincial Government] \r\n6\r\n[or the Board of Revenue] may \r\nprescribe for any area. \r\n(d) Such board shall consist of a chairman and \r\n7\r\n[one] or more members to be \r\nappointed by the \r\n8\r\n[Provincial Government] \r\n9\r\n[or the Board of Revenue]: \r\n \r\n10\r\n[Provided that no act done or proceeding taken by a board under this Act shall be \r\ncalled into question on the ground merely of the existence of any vacancy in any \r\nboard.] \r\n(e) The chairman and every member of a board so established shall be \r\nappointed for a term not exceeding three years, but shall be eligible for re -\r\nappointment on the expiry of his term. \r\n(f) The quorum of a board shall be prescribed by the \r\n11\r\n[Provincial\r\n \r\nGovernment] \r\n12\r\n[or the Board of Revenue]. \r\n(g) Where the chairman and members of a board are not unanimous, the \r\nopinion of the majority shall prevail, and, if the board is equally divided, the \r\nchairman shall exercise a casting vote. \r\n (2) The \r\n13\r\n[Provincial Government] \r\n14\r\n[or the Board of Revenue] may \r\n \r\n1Substituted for the words “Local Gov ernment” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the \r\nGazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n2Inserted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakistan \r\n(Extraordinary), dated July 25, 1957, pp. 709-789, s. 3(3) read with Schedule III. \r\n3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the \r\nGazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n4Inserted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), p ublished in the Gazette of West Pakistan \r\n(Extraordinary), dated July 25, 1957, pp. 709-789, s. 3(3) read with Schedule III. \r\n5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the \r\nGazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n6Inserted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakis tan \r\n(Extraordinary), dated July 25, 1957, pp. 709-789, s. 3(3) read with Schedule III. \r\n7Substituted for the word “two” by the Punjab Relief of Indebtedness (Amendment) Act, 1942 (VI of 1942), published in the Government \r\nGazette (Extraordinary), Punjab, dated April 22, 1942, pp. 49-50, s. 3(a). \r\n8Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the \r\nGazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n9Inserted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakis tan \r\n(Extraordinary), dated July 25, 1957, pp. 709-789, s. 3(3) read with Schedule III. \r\n10Added by the Pun jab Relief of Indebtedness (Amendment) Act, 1942 (VI of 1942), published in the Government Gazette \r\n(Extraordinary), Punjab, dated April 22, 1942, pp. 49-50, s. 3(b). \r\n11Substituted for the words “Local Government” by the Government of India (Adaptation of I ndian Laws) Order, 1937, published in the \r\nGazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n12Inserted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), publi shed in the Gazette of West Pakistan \r\n(Extraordinary), dated July 25, 1957, pp. 709-789, s. 3(3) read with Schedule III. \r\n13Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the \r\nGazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n14Inserted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakis tan \r\n(Extraordinary), dated July 25, 1957, pp. 709-789, s. 3(3) read with Schedule III. \r\ncancel the appointment of any member of a board or dissolve any board. \r\n (3) The \r\n1\r\n[Provincial Government] \r\n2\r\n[or the Board of Revenue] shall notify in the \r\n3\r\n[Official Gazette]– \r\n(a) the establishment of a board and the appointment of its members; and \r\nthe board shall be deemed to have been established and its members \r\nappointed from the date specified in such notification or notifications; \r\n(b) the cancellation of the appointment of any member of a board; and \r\nfrom the date specified in such notification the member shall ce ase to \r\nbe a member of the board; \r\n(c) the dissolution of a board; and from the date specified in such \r\nnotification the board shall cease to exist. \r\n (4) When a board is dissolved or ceases to exist otherwise, the \r\n4\r\n[Provincial \r\nGovernment] \r\n5\r\n[or the Board of R evenue] may at any time establish another board within the \r\nsame local limits in which the former board had jurisdiction and may declare this board to be \r\nthe successor in office of the first board and may confer on it power to dispose of such \r\napplications u nder section 13(2) and section 23 as the \r\n6\r\n[Provincial Government] \r\n7\r\n[or the \r\nBoard of Revenue] may direct. \r\n9. Application for settlement between a debtor and his creditors .– A debtor or any \r\nof his creditors may apply to the board appointed for the area in wh ich a debtor resides or \r\nholds any land, to effect a settlement between the debtor and his creditors: \r\n Provided that no application shall be made if the debtor’s debts exceed ten thousand \r\nrupees or such larger sum as the \r\n8\r\n[Provincial Government] \r\n9\r\n[or the B oard of Revenue] may \r\nprescribe for any particular area. \r\n10. Verification of application.– Every application to a board shall be in writing and be \r\nsigned by the applicant and verified in such manner as may be prescribed. \r\n11. Particulars to be stated in appl ication.– (1) Every application presented by a \r\ndebtor to a board shall contain the following particulars, namely,– \r\n(a) the place where he resides or holds land; \r\n(b) the particulars of all claims against him together with the names and residences \r\nof his creditors; \r\n \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the \r\nGazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n2Inserted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakis tan \r\n(Extraordinary), dated July 25, 1957, pp. 709-789, s. 3(3) read with Schedule III. \r\n3Substituted for the word “Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazet te of \r\nIndia (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n4Substituted for the words “Local Government” ibid. \r\n5Inserted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakis tan \r\n(Extraordinary), dated July 25, 1957, pp. 709-789, s. 3(3) read with Schedule III. \r\n6Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the \r\nGazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n7Inserted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West Pakis tan \r\n(Extraordinary), dated July 25, 1957, pp. 709-789, s. 3(3) read with Schedule III. \r\n8Substituted for the word s “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the \r\nGazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n9Inserted by the West Pakista n (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West \r\nPakistan (Extraordinary), dated July 25, 1957, pp. 709-789, s. 3(3) read with Schedule III. \r\n(c) the particulars of all his property, together with a specification of the value of \r\nsuch property and the place or places at which any such property is to be \r\nfound; \r\n(d) a statement that he is unable to pay his debts, and that they do n ot exceed \r\nthe prescribed amount; \r\n1\r\n[(e) a statement whether he has previously filed an application in respect of the \r\nsame debt before the same or another board, and if so, with what result.] \r\n (2) Every application presented by a creditor shall contain the following \r\nparticulars, namely,– \r\n(a) the place where the debtor resides or holds land; \r\n(b) the amount and particulars of his claim against such debtor; \r\n(c) a statement that the debtor is unable to pay his debts. \r\n12. Procedure on receipt of application .– (1) On receip t of an application under \r\nsection 9, the board shall pass an order fixing a date and place for hearing the application: \r\n Provided that the board may at any time dismiss the application if, for reasons to be \r\nstated in writing, it does not consider it desira ble to attempt to effect a settlement between \r\nthe debtor and the creditors. \r\n (2) Notice of the order under sub -section (1) shall be sent to creditors by \r\nregistered post, acknowledgement due, and where the debtor is not the applicant, notice of \r\nthe order under sub-section (1) shall be sent to him in a similar manner. \r\n13. Notice calling upon creditors to submit statements of debts .– (1) On the date \r\nfixed the board shall publish, in such manner as may be prescribed, a notice, calling upon \r\nevery creditor of th e debtor to submit a statement of debts owed to such creditor by the \r\ndebtor. Such statement shall be submitted to the board in writing within two months from the \r\ndate of publication of the notice: \r\n Provided that, if the board is satisfied that any creditor was, for good and sufficient \r\ncause, unable to comply with such direction \r\n2\r\n[or to produce the documents required under \r\nsubsection (1) of section 14] within the time fixed, it may extend the period for the \r\nsubmission of his statement of the debts owed to hi m \r\n3\r\n[or for the production of such \r\ndocuments]. \r\n \r\n4\r\n[(2) Every debt owed to a single creditor of which no such statement has been \r\nsubmitted to the board in compliance with the provisions of sub -section (1) shall be deemed \r\nto be duly discharged for all purpose s and all occasions against such creditor; and every \r\ndebt owed to two or more creditors jointly, of which such a statement or statements signed \r\nby all such creditors or their recognised agents has or have not been so submitted, shall be \r\ndeemed to be so dis charged against such creditors as have failed to submit the said \r\nstatement or statements, but only to the extent of their respective shares in the said debt: \r\n Provided that no such debts shall be deemed to be discharged against any creditors \r\nwhose names have not been included in the application made under section 9. \r\n \r\n1Added by the Punjab Relief of Indebtedness (Amendment) Act, 1942 (VI o f 1942), published in the Government Gazette \r\n(Extraordinary), Punjab, dated April 22, 1942, pp. 49-50, s. 3-A. \r\n2Inserted by the Punjab Relief of Indebtedness (Amendment) Act, 1940 (XII of 1940), published in the Government Gazette \r\n(Extraordinary), Punjab, dated October 5, 1940, pp. 295-299, s. 5(a)(i). \r\n3Ibid., s. 5(a)(ii). \r\n4Substituted ibid., s. 5(b). \r\n (3) If the creditor or any of the joint creditors fails without sufficient cause to be \r\npresent in person or by his recognised agent or legal practitioner in accordance with the \r\nprovisions of section 24 at any of the hearings fixed by the board, or fails to produce full \r\nparticulars and docume nts as required under sub section (1) of section 14, the debt due to \r\nhim or to the joint creditors, as the case may be, shall be deemed for all purposes a nd all \r\noccasions to have been fully discharged. \r\n (4) If any creditor proves to the satisfaction of the board, or, if no board is vested \r\nwith jurisdiction by the Provincial Government \r\n1\r\n[or the Board of Revenue], to the satisfaction \r\nof a civil court, that t he notice was not served on him and that he had no knowledge of its \r\npublication or that he was unavoidably absent at any of the hearings fixed by the board, the \r\nboard or the court, as the case may be, may revive that debt.] \r\n14. Procedure on submission of statements of debts .– (1) Every creditor submitting \r\nin compliance with a notice issued under sub -section (1) of section 13 a statement of the \r\ndebts owed to him shall furnish, alongwith such statement, full particulars of all such debts, \r\nand shall at the same time produce all documents (including entries in books of account) on \r\nwhich he relies to support his claims, together with a true copy of every such document: \r\n Provided that a decree or order of a civil court shall be conclusive evidence as to the \r\namount of the debt to which the decree relates, but the amount may be reduced as the result \r\nof an agreement arrived at in accordance with section 17. \r\n (2) The board shall, after marking for the purpose of identification every original \r\ndocument so produced and v erifying the correctness of the copy, retain the copy and return \r\nthe original to the creditor. \r\n15. Board to attempt amicable settlement .– The board shall call upon the debtor and \r\neach creditor to explain his case regarding each debt, and shall use its best endeavours to \r\ninduce them to arrive at an amicable settlement. \r\n \r\n2\r\n[15-A. Power of board to adjudicate on genuineness or enforceability of debts .– (1) If \r\na creditor or debtor, as the case may be, challenges the genuineness or enforceability of any \r\ndebt included in an application, the board shall adjudicate upon the issue. \r\n (2) Any person aggrieved by a decision of the board under sub section (1) may \r\nappeal therefrom to the Collector or such other officer, not below the rank of an Assistant \r\nCollector of the first grade, as the Provincial Government \r\n3\r\n[or the Board of Revenu e] may \r\nappoint in this behalf \r\n4\r\n[:] \r\n \r\n5\r\n[Provided that no order under subsection (2) shall be passed without giving the \r\nparties an opportunity of being heard.] \r\n (3) The period of limitation for an appeal under this section shall run from the \r\ndate of the order appealed against and shall be thirty days. \r\n (4) An appeal shall not lie from an order refusing to review or confirming on \r\nreview a previous order. \r\n \r\n1Inserted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West \r\nPakistan (Extraordinary), dated July 25, 1957, pp. 709-789, s. 3(3) read with Schedule III. \r\n2Inserted by the Punjab Relief of Indebtedness (Amendment) Act, 1940 (XII of 1940), published in the Government Gazette \r\n(Extraordinary), Punjab, dated October 5, 1940, pp. 295-299, s. 6. \r\n3Inserted by the West Pakistan (Adaptation and Repeal of Laws) Act, 1957 (XVI of 1957), published in the Gazette of West \r\nPakistan (Extraordinary), dated July 25, 1957, pp. 709-789, s.3(3) read with Schedule III. \r\n4Replaced for full-stop by the Punjab Relief of Indebtedness (Amendment) Ordinance, 1985 (XIII of 1985). \r\n5Added ibid. \r\n (5) Notwithstanding anything hereinbefore contained, no appeal or application for \r\nrevision shall lie against a decision of the board under subsection (1) unless the aggregate \r\nvalue of the items in regard to which the appeal is preferred exceeds two thousand rupees. \r\n (6) No order passed under this section shall be open to question in a civil court.] \r\n16. Power of Board to require attendance of persons and production of documents \r\nand to receive evidence .– Any board empowered under this Act may exercise all such \r\npowers connected with the summoning and examining of parties and witnesses and with the \r\nproduction of documents as are conferred on civil courts by the Code of Civil Procedure\r\n1\r\n, \r\nand every proceeding before the board shall be deemed a judicial proceeding. \r\n17. Registration and effect of agreement.– (1) If the debtor and all or any of the creditors \r\ncome to an amicable settlement, the board shall forthwith reduce such settlement to writing in \r\nthe form of an agreement setting forth the amounts payable to each creditor and the manner in \r\nwhich and the times at which they are to be paid. Such agreement shall be read out and \r\nexplained to the parties concerned, and shall be signed or otherwise authenticated by the \r\nboard and the parties: provided that if the board is of the opinion that the period f ixed for \r\npayment is excessive, the board may refuse to authenticate the agreement. The board shall \r\nalso pass an order dismissing the application so far as it relates to the creditors who have not \r\ncome to an amicable settlement. \r\n (2) An agreement thus made shall take effect as if it were a decree of a civil court \r\nhaving jurisdiction in the area of the jurisdiction of the board. \r\n \r\n2\r\n[(3) Notwithstanding anything contained in the \r\n3\r\n[*] Registration Act, 1908, or in the \r\nrules made thereun der an agreement made unde r sub section (1) shall not be liable to \r\nregistration.] \r\n18. Dismissal of applications in default .– If in the opinion of the board any applicant \r\nfails to conduct his application with due diligence, the board may dismiss the application at \r\nany stage. \r\n19. Bar to successive applications.– If once an application has been made by a debtor \r\nand disposed of, no board shall entertain a second application within two years of the date of \r\ndisposal of the first application. \r\n20. Grant of certificate by board in respect of debts.– (1) Where, during the hearing of \r\nany application made under section 9, any creditor refuses to agree to an amicable settlement, \r\nthe board may, if it is of opinion that the debtor has made such creditor a fair offer which the \r\ncreditor ought reasonably to accept, grant the debtor a certificate, in such form as may be \r\nprescribed, in respect of the debts owed by him to such creditor: \r\n \r\n4\r\n[ * * * * * * * * * ] \r\n (2) Power of court to disallow costs or interest.– Where any creditor sues\r\n5\r\n [or \r\ntakes out execution proceedings] in a civil court for the recovery of a debt in respect of which a \r\ncertificate has been granted under sub-section (1), the court notwithstanding the provisions of \r\n \r\n1V of 1908. \r\n2Inserted by the Punjab Relief of Indebtedness (Amendment) Act, 1940 (XII of 1940), published in the Government Gazette \r\n(Extraordinary), Punjab, dated October 5, 1940, pp. 295-299, s. 7. \r\n3Omitted the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955) published in the \r\nPunjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read with First Schedule. \r\n4Omitted by the Punjab Relief of Indebtedness (Amendment) Act, 1940 (XII of 1940), published in the Government Gazette \r\n(Extraordinary), Punjab, dated October 5, 1940, pp. 295-299, s. 8(a). \r\n5Inserted ibid., s. 8(b)(i). \r\nany law for the time being in force, shall not allow the plaintiff any cost s in such suit , \r\n1\r\n[or \r\nproceedings] or any interest on the debt after the date of certification under sub-section (1) \r\n2\r\n[* * \r\n* * * * ]. \r\n (3) Where after the date of an agreement made in accordance with section 17 or \r\nof certification any unsecured creditor sue s for the recovery of a debt in respect of which a \r\ncertificate has been granted under sub -section (1) or any creditor sues for the recovery of a \r\ndebt incurred after the date of such agreement, any decree passed in such suit \r\nnotwithstanding anything contain ed in the Code of Civil Procedure, 1908\r\n3\r\n, shall not be \r\nexecuted until six months after the expiry of the period fixed in the agreement authenticated \r\nunder sub-section (1) of section 17. \r\n \r\n4\r\n[(4) Where after the date of an agreement made in accordance with se ction 17 or \r\nof certification any unsecured creditor applies for the execution of a decree in respect of \r\nwhich a certificate has been grante d under sub section (1), the said decree notwithstanding \r\nanything contained in the Code of Civil Procedure, 1908\r\n5\r\n, sha ll not be executed until six \r\nmonths after the expiry of the period fixed in the agreement authenticated under subsection \r\n(1) of section 17.] \r\n6\r\n[20-A. Decision of Board to be final.– If any question arises in any proceedings under this \r\npart of the Act wheth er a loan or liability is a debt or not or whether a person is a debtor or \r\nnot, the decision of the Debt Conciliation Board shall be final, and shall not be called into \r\nquestion in any court.] \r\n21. Bar of civil suits .– \r\n7\r\n[Save as otherwise provided in this Act] no civil court shall \r\nentertain– \r\n(a) any suit \r\n8\r\n[appeal or application for revision]– \r\n(i) to question the validity of any procedure or the legality of any \r\n9\r\n[order or \r\nagreement made or certificate issued] under this Act, or \r\n(ii) to recover any debt recor ded as wholly or partly payable under an \r\nagreement made in accordance with section 17 from any person who, \r\nas a debtor, was party to such agreement, or \r\n(iii) to recover any debt which has been deemed to have been duly \r\ndischarged under \r\n10\r\n[the provisions of this Act]; \r\n(b) any application to execute a decree, the execution of which is suspended \r\nunder \r\n11\r\n[subsection (3) or (4)] of section 20. \r\n \r\n1Ibid., s. 8(b)(ii). \r\n2Omitted the words “in excess of simple interest at six per centum per annum on the amount due on the date of such certificate” \r\nibid., s. 8(b)(iii). \r\n3V of 1908. \r\n4Added by the Punjab Relief of Indebtedness (Amendment) Act, 1940 (XII of 1940), published in the Government Gazette \r\n(Extraordinary), Punjab, dated October 5, 1940, pp. 295-299, s. 8(c). \r\n5V of 1908. \r\n6Inserted by the Punjab Relief of Indebtedness (Amendment) Act, 1942 (VI of 1942), published in the Government Gazette \r\n(Extraordinary), Punjab, dated April 22, 1942, pp. 49-50, s. 4. \r\n7Inserted by the Punjab Relief of Indebtedness (Amendment) Act, 1940 (XII of 1940), published in the Government Gazette \r\n(Extraordinary), Punjab, dated October 5, 1940, pp. 295-299, s. 9(a). \r\n8Ibid., s. 9(b)(i). \r\n9Substituted for the words “agreement made” ibid., s. 9(b)(ii). \r\n10Substituted for the words “subsection (2) of section 13” ibid., s. 9(b)(iii). \r\n11Substituted for the word, brackets and figure “sub-section (3)” ibid., s. 9(c). \r\n1\r\n[(c) any suit for a declaration, or any suit or application for injunction, affecting any \r\nproceedings under this Act before a board.] \r\n22. Bar of appeal or revision .– \r\n2\r\n[Save as otherwise provided in this A ct] no appeal or \r\napplication for revision shall lie against any order passed by a board. \r\n23. Power of board to review its order .– A board may, on the application from any \r\nperson interested, review any order passed by it and pass such order as it thinks fit: \r\n Provided that it shall not under this section pass an order reversing or modifying any \r\norder affecting any person interested without giving such person an opportunity of b eing \r\nheard: \r\n Provided, further, that no application for review shall be entertained if presented more \r\nthan twelve months after the date of the order which the person interested seeks to have \r\nreviewed. \r\n24. Appearance of party before board by agent or by le gal practitioner .– In any \r\nproceedings under this part of the Act, any party may \r\n3\r\n[* * * *] be represented by an agent \r\nauthorised in writing or \r\n4\r\n[with the permission of the board] by a legal practitioner. \r\n25. Bar to new suits and applications and suspension of pending suits and \r\napplications.– \r\n5\r\n[(1)] When an application has been made to a board under section 9 \r\n6\r\n[or \r\nsection 23], no civil court shall entertain any new suit or other proceeding brought for the \r\nrecovery of any debt \r\n7\r\n[covered by such application] , and any suit or other proceeding \r\npending before a civil court in respect of any s uch debt shall be susp ended until the board \r\nhas dismissed the application or an agreement has been made under section 17. \r\n \r\n8\r\n[(2) When any execution proceeding pending before a civil court is suspended \r\nunder subsection (1), and any animal has been attached and made over to supardar in \r\nconnection with such proceeding, the judgement-debtor shall be entitled to the return of such \r\nanimal but shall not be competent to sell or in any way part with the ownership of any animal \r\nso attached during the suspension of such proceeding; and if the judgment -debtor has been \r\ncommitted to a civil prison in connection with such proceedings he shall be released \r\nforthwith.] \r\n26. Extension of limitation.– The time spent in proceedings before a conciliation board \r\nand time during which a person is debarred from suing or executing his decree under the \r\nprovisions of this Part of this Act shall be excluded when counting the period of limitation for \r\nany application, suit or appeal. \r\n27. Members of boards deemed to be public servants .– The members of a board \r\nshall be deemed to be public servants within the meaning of the \r\n9\r\n[Pakistan] Penal Code\r\n1\r\n. \r\n \r\n1Added ibid., s. 9(d). \r\n2Inserted ibid., s. 10. \r\n3Omitted the words “with the permission of the b oard” by the Punjab Relief of Indebtedness (Amendment) Act, 1940 (XII of \r\n1940), published in the Government Gazette (Extraordinary), Punjab, dated October 5, 1940, pp. 295-299, s. 11(a). \r\n4Inserted ibid., s. 11(b). \r\n5Renumbered ibid., s. 12. \r\n6Inserted ibid., s. 12(a)(i). \r\n7Substituted for the words “for the settlement of which application has been made to the board” ibid., s. 12(a)(ii). \r\n8Added ibid., s. 12(b). \r\n9Substituted for the word “Indian” by the Punjab Laws (Adaptation, Revision and Repeal) Act, 1954 (XV of 1955) published in \r\nthe Punjab Gazette (Extraordinary), dated January 21, 1955, pp. 87-108, s. 2 read with First Schedule. \r\n28. Power to make rules .– (1) The \r\n2\r\n[Provincial Government] may make any rules \r\nconsistent with this Part of this Act to carry out the purposes thereof, and in particular and \r\nwithout prejudice to the generality of the foregoing power may make rules– \r\n(a) prescribing the amount of debt for the purposes of section 8(1)(c); \r\n(b) prescribing the quorum for and regulating the procedure before a board; \r\n(c) prescribing the charges to be made by a board for anything done under this Act \r\nand the persons by whom and the manner in which such charges shall be paid; \r\n(d) prescribing the records to be kept and the returns to be made by a board; \r\n(e) prescribing the allowances to be paid to members of a board; \r\n3\r\n[(ee) prescribing the particulars of debts under sub-section (1) of section 14;] \r\n(f) prescribing the place at which and the manner in whi ch an agreement shall be \r\nregistered; \r\n(g) prescribing the form of certificate to be granted under sub-section (1) of section \r\n20; and \r\n(h) generally, for the purpose of carrying into effect the provisions of this Part of \r\nthis Act. \r\n (2) The power conferred by this section of making rules is subject to the condition \r\nthat the rules be made after previous publication. \r\n29. Penalty for breach of the rules .– In making any rule the \r\n4\r\n[Provincial Government] \r\nmay direct that a breach thereof shall be punishable with fine which may extend to fifty \r\nrupees, and, where the breach is a continuing one, with further fine which may extend to ten \r\nrupees for every day after the first during which the breach continues. \r\nPART V \r\nDamdupat \r\n30. \r\n5\r\n[ * * * * * * * * * ] \r\nPART VI \r\nDeposit in Court \r\n31. \r\n6\r\n[ * * * * * * * * * ] \r\n32. \r\n7\r\n[ * * * * * * * * * ] \r\n \r\n1XLV of 1860. \r\n2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, pu blished \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n3Inserted by the Punjab Relief of Indebtedness (Amendment) Act, 1940 (XII of 1940), published in the Government Gazette \r\n(Extraordinary), Punjab, dated October 5, 1940, pp. 295-299, s. 13. \r\n4Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n5Repealed by the West Pakistan Relief of Indebtedness Ordinance, 1960 (XV of 1960), published in the Gazette of West \r\nPakistan (Extraordinary), dated April 27, 1960, pp. 1789-1793, s. 14 read with Schedule. \r\n6Ibid. \r\n7Ibid. \r\nPART VII \r\nRedemption of Mortgages \r\n33. \r\n1\r\n[ * * * * * * * * * ] \r\nPART VIII \r\nMiscellaneous Amendments of the Civil Law \r\n34. \r\n2\r\n[ * * * * * * * * * ] \r\n35. \r\n3\r\n[ * * * * * * * * * ] \r\n36. \r\n4\r\n[ * * * * * * * * * ] \r\n37. \r\n5\r\n[ * * * * * * * * * ] \r\n6\r\n[38. \r\n7\r\n[ * * * * * * * * * ]] \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Ibid. \r\n2Ibid. \r\n3Ibid. \r\n4Ibid. \r\n5Repealed by the West Pakistan Money -lenders Ordinance, 1960 (XXIV of 1960), published in the Gazette of West Pakistan \r\n(Extraordinary), dated July 20, 1960, pp. 2863-2878, s. 30 read with Schedule. \r\n6Added by the Punjab Relief of Indebtedness (Amendment) Act, 1940 (XII of 1940), published in the Government Gazette \r\n(Extraordinary), Punjab, dated October 5, 1940, pp. 295-299, s. 18. \r\n7Repealed by the West Pakistan Money -lenders Ordinance, 1960 (XXIV of 196 0), published in the Gazette of West Pakistan \r\n(Extraordinary), dated July 20, 1960, pp. 2863-2878, s. 30 read with Schedule.", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:punjab-code-57810185b7af699d:sha256:508f6b692eeefcb1c7682276fd9de05e387fbf504beb02d7fc86a403672e5602:chars-0-1789:41b631485a35f5b1a9b0a93296236ef1c7c7bd21786dd2d962c55682ec49281f", "character_start": 0, "character_end": 1789, "utf8_byte_start": 0, "utf8_byte_end": 1789, "passage_sha256": 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