Section 31 in The Bhopal Debt Redemption Act, 1955
31. Penalty for non-compliance with the provisions of Section 30.
- Notwithstanding anything contained in any other enactment for the time being in force-(a)in any suit or proceeding relating to a loan against an agriculturist or a workman if the debtor objects that the creditor has not complied with the provisions of Section 30 the Tribunal shall determine such objection before deciding the claim on the merits;(b)if the Tribunal finds that the provisions of the clause (b) of sub-section (1) of Section 30 have not been complied with by the creditor, it may, if the creditor's claim is established in whole or in part, disallow the whole or a portion of the interest found due, as it may deem reasonable in the circumstances of the case, and shall refuse to allow costs to the creditor;(c)if the Tribunal finds that the provisions of clause (c) of sub-section (1) of Section 30 have not been complied with by the creditor the Tribunal shall in computing the amount of interest due upon the loan exclude every period for which the creditor has failed to comply with the said provision :Provided that if the creditor has, after the time prescribed in the said clause, furnished the account and satisfied the Tribunal that he had sufficient cause for not furnishing it earlier, the Tribunal shall, notwithstanding such omission, include any such period or periods for the purpose of computing the interest:Provided further that if the creditor has submitted an account which is not full and correct and satisfied the Tribunal that the omission or error was bona fide and due to inadvertence the Tribunal shall, notwithstanding such omission or error, include any such period or periods for the purpose of computing the interest.Explanation. - A person who has kept his account and submitted his yearly statement of account in the form and manner prescribed in clauses (b) and (c) of sub-section (1) of Section 30 shall be held to have complied with the provisions of these clauses notwithstanding any errors or omissions, if the Tribunal find that the errors and omissions were accidental and not material and that the accounts have been kept in good faith with the intention of complying with the provisions of the said clauses.
