12. Certain debts and liabilities not to be affected.
- Nothing in this Act shall apply to the following categories of debts and liabilities of a debtor, namely:-(a)any rent due in respect of any property including agricultural land let out to a debtor;(b)any amount recoverable as arrears of land revenue;(c)(i)any revenue, tax or cess payable to the State Government or any other sum due to them, by way of loan or otherwise;(ii)any revenue, tax or cess payable to the Central Government or any other sum due to them, by way of loan or otherwise;(iii)any tax or cess payable to any local authority or any other sum due to them, by way of loan or otherwise;(d)any liability arising out of breach of trust or any tortious liability;(e)any liability in respect of wages or remuneration due as salary or otherwise for services rendered;(f)any liability in respect of maintenance whether under a decree of a Court or otherwise;(g)a debt due to-(i)the Central Government or any State Government,(ii)any local authority;(h)save as otherwise provided in this Act, any liability in respect of any sum due to-(i)(A)any banking company to which the Banking Regulation Act, 1949 (Central Act 10 of 1949) applies;(B)the State Bank of India constituted under the State Bank of India Act, 1955 (Central Act 23 of 1955);(C)any subsidiary bank as defined in clause (k) of section 2 of the State Bank of India (Subsidiary Banks) Act, 1959 (Central Act 38 of 1959);(D)any corresponding new bank as defined in clause (d) of section 2 of the Banking Companies Acquisition and Transfer of Undertakings Act, 1970 (Central Act 5 of 1970);(DD)[ any corresponding new bank as defined in clause (b) of section 2 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (Central Act 40 of 1980);] [This wad added by section 6(a) of the Tamil Nadu Debt Relief (Amendment) Act 1981 (Tamil Nadu Act 10 of 1981) which wad deemed to have come into force on the 19th April, 1980](E)the Agricultural Refinance and Development Corporation, established under the Agricultural Refinance and Development Corporation Act, 1963 (Central Act 10 of 1963);(F)any Regional Rural Bank established under the Regional Rural Banks Act, 1976 (Central Act 21 of 1976);(G)the Committee for the Administration of the Amalgamated Tamil Nadu Shares of the Post War Services Reconstruction Fund and Special Fund for Reconstruction and Rehabilitation of Ex-servicemen;(H)any other financial institution notified in this behalf by the Government in the Tamil Nadu Government Gazette;(i)any Government company within the meaning of the Companies Act, 1956 (Central Act 1 of 1956);(i)any debt which represents the price of property whether movable or immovable purchased by a debtor or any amount due under a hire purchase agreement;(ii)any company which is declared to be a Nidhi or Mutual Benefit Society under sub-section (1) of section 620-A of the Companies Act, 1956 (Central Act 1 of 1956);(iii)any corporation owned or controlled by the Central Government or any State Government;(iv)the Life Insurance Corporation of India;(v)any co-operative society including a land development bank, registered or deemed to be registered under the [Tamil Nadu Co-operative Societies Act, 1961 (Tamil Nadu Act 53 of 1961)] [This Act has been repealed and re-enacted as the Tamil Nadu Co-operative Societies Act, 1983 (Tamil Nadu Act 30 of 1983)];(j)any amount received by a debtor as advance for the delivery of goods at a future date;(k)any liability incurred or arising under any chit, the bye-laws of which have been registered under the [Tamil Nadu Chit Funds Act, 1961 (Tamil Nadu Act 24 of 1961)] [This Act was repealed];(l)any debt or debts payable on the 1st day of January 1980 to-(i)a widow; or(ii)a minor child both of whose parents are dead;(iii)a minor child whose father is dead; or(iv)a female person whose marriage has been dissolved by a decree of divorce or has been declared null and void, or annulled by a decree of nullity:Provided that,-(a)[ the market value of the property owned by such widow, minor child or female person including the principal amount of the debt or debts so due, did not exceed twenty-five thousand rupees;] [[This clause was substituted for the following clause by section 6(b)(i) of the Tamil Nadu Debt Relief (Amendment) Act, 1981 (Tamil Nadu Act 10 of 1981) which was deemed to have come into force on the 19th April 1980.'(a) the value of the property owned by such widow child or female person on that date including the principal amount of the debt or debts so due, did not exceed ten thousand rupees']](b)the right of such widow, minor child or female person to recover the debt or debts did not arise by reason of any assignment.[Explanation. - For the purposes of clause (1), the market value of the property shall be estimated to be the price, which in the opinion of the authority prescribed in this behalf, such property would have fetched if sold in the open market on the 19th April 1980.] [This explanation was added by section 6(i)(ii) of the Tamil Nadu Debt Relief (Amendment) Act, 1981 (Tamil Nadu Act 10 of 1981) which was deemed to have come into force on the 19th April 1980]
