Section 34 in The United Provinces Agriculturists Relief Act 1934
34. Penalty for non-compliance with the provisions of section 24.
- 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, if the . debtor objects that the creditor has not complied with the provisions of section 32, the Court shall determine such objection before deciding the claim on the merits ;(b)if the Court finds that the provisions of clause (a) of section 32 (1) 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 disallow the creditor's costs ;(c)if the Court finds that the provisions of clause (b) of section 32(1) have not been complied with by the creditor, the Court 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 provisions :Provided that if the creditor has, after the time prescribed in the said clause, furnished the account and satisfies the Court that he had sufficient cause for not furnishing it earlier, the Court 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 satisfies the Court that the omission or error was bona fide and due to inadvertence, the Court shall, notwithstanding such omission or error, include any such period or periods for the purposes 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 (a) and (b) of subsection (1) of Section 32 shall be held to have complied with the provisions of these clauses, in spite of any errors and omissions, if the Court finds 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 these clauses.
