Section 55 in The Bengal Agricultural Debtors Act, 1936
55. Power to make rules. -
(1)The [State Government] [Words substituted by Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950, respectively.] may make [rules] [See Notification No. 9187-L.R. dated the 26.6.36 pub. in the Calcutta Gazette of 1936, part I, page 1575.] for carrying out the purposes of this Act.(2)In particular and without prejudice to the generality of the foregoing power the [State Government] [Words substituted by Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950, respectively.] may make rules to provided for all or any of the following matters, namely;-(a)the maximum amount of debt which can be dealt with under the provisions of this Act;(b)[] [See Notification No. 9187-L.R. dated the 26.6.36 pub. in the Calcutta Gazette of 1936, part I, page 1625.] the fees to be paid for anything done under this Act and the persons by whom and the manner in which such fees shall be paid;(c)the allowances, if any, to be paid to the Appellate Officer, the Chairman and other members of a Board;(d)the office establishment of a Board, the pay, allowances and conditions of service of such establishment;(e)the procedure of a Board, and the quorum for a meeting of a Board;(f)the forms of application under section 8, of statements of debt under section 11, of awards, of certificates under section 21, of requisitions under sub-section (2) of section 22, and of certificates of discharge under sub-section 22 ;(g)the transfer of applications under sub-section (3) of section 8 or sub-section (1) of section 39, and disposal of applications under sub-section (3) of section 8;(h)the manner of signing and verification of applications under section 8;(i)the manner of giving notice under sub-section (2) of section 12, sub-section (1) of section 13, [section 13A, sub-section (2) of section 19A] [Inserted by Bengal Act 8 of 1940.] and sub-section (2) of section 25;(j)the marking of original documents produced under sub-section (2) of section 14;(k)the amicable settlement by a Board of debts under section 15;(l)the summoning and examination by a Board of parties and their witnesses, and the production of documents, under sub-section (1) of section 16;(m)the determination by a Board under sub-section (2) of section 18 of the amount of the principal of a debt and the amount of interest due thereon;(ma)[] [Clauses (ma) and (mb) inserted by Bengal Act 8 of 1940.] the preparation of accounts of receipts and expenses of a creditor under sub-section (5) of section 18;(mb)[] [Clauses (ma) and (mb) inserted by Bengal Act 8 of 1940.] the calculation of the money value of principal or interest referred to in sub-section (6) of section 18;(n)the settlement of debts by a Board under section 19;(o)the grant of a certificate under section 21;(p)the declaration by a Board under sub-section (1) of section 22 that a debtor is insolvent, the sale of his property and the reduction of his debts;(q)the determination of a portion of the immovable property of a debtor as his dewelling house under sub-section 24;(r)the movable property of an insolvent debtor which shall be exempted under sub-section (3) of section 24 from sale;(s)the order of payment of the amount referred to in clause (d) of sub-section (1) of section 25;(t)the period within an application under sub-section (3) of section 13 and sub-section (1) of section 28 shall be made;(u)the grant of time under sub-section (2) of section 28 for payment of the amount due;(v)the distribution of sale proceeds and the proceedings of a Certificate Officer under section 29;(w)the authorities whose approval is required under section 31;(x)the manner of giving notice under section 34 and under section 35;(y)the manner of attachment of immovable property under section 37;(ya)[] [Clauses (ya) and (yd) inserted by Bengal Act 2 of 1942.] the forms of application under sub-section (2) of section 37A, and the manner of making the estimate referred to in sub-section (4) of that section;(yb)[] [Clauses (ya) and (yd) inserted by Bengal Act 2 of 1942.] the manner in which an opportunity shall be allowed to effect an amicable settlement under sub-section (4) of section 37;(yc)[] [Clauses (ya) and (yd) inserted by Bengal Act 2 of 1942.] the manner in which the amount of compensation shall be determined under sub-section (6) of section 37A;(yd)[] [Clauses (ya) and (yd) inserted by Bengal Act 2 of 1942.] the manner of calculation of costs referred to in sub-clause (t) of clause (a) of sub-section (7) of section 37A;(z)the transfer and disposal of applications under section 39;(za)the manner of making an appeal under sub-section (1) of section 40;(zb)the judicial experience required in the case of certain Appellate Officer under proviso to sub-section (1) of section 40;(zc)the procedure of an Appellate Officer and the control and inspection of his work under sub-section (3) of section 40;(zd)the manner of review under section 44 of a decision or order passed by a Board or an Appellate Officer;(ze)the representation of a party in proceedings before a Board;(zf)the manner in which and the period within which awards and certificates shall be registered under sub-section (1) of section 47;(zg)the publication under section 48 of awards and of certain orders; and(zh)the manner of assignment of an award under section 53.(3)The power of making rales conferred by clause (b) of sub-section (2) is subject to the condition that the rules be made after previous publication.
