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Bar News Acts League

The Maharashtra Debt Relief Act, 1975

Act ID: 1976

The Maharashtra Debt Relief Act, 1975

"An Act to provide for relief from indebtedness to certain farmers, rural artisans, rural labourers and workers."

Table of Contents

62 Sections

Ch.

Sections

S.1Short title, extent and commencement S.2Definitions S.3Revival of all discharged debts under Ordinance VII of 1975 S.4Discharge of certain debts and consequences thereof S.5Prohibition against disposal of pledged property, etc. and penalty S.6Power of certain officers to enforce delivery of possession of property to debtor S.7Creditor may dispute debtor’s claim S.8Power of entry and search S.9Creditor required to pay value of pledged property in certain cases S.10Power of Authorised Officer to impose fine for frivolous or vexatious applications S.11Bar of jurisdiction S.12Suits involving issues required to be decided under this Act S.13Agreement for labour in lieu of debt to become void S.14Moratorium on debts of workers in certain cases S.14ATemporary duration of Chapters IV and V S.15Stay of proceedings in case of certain decrees S.16Release of persons in detention in civil prison S.17Relief against default in payment of installments S.18Computation of time for execution S.19Payment of certain decrees S.20Transfer by small farmer to be voidable S.21Restriction on amount of claim and interest in certain cases S.22Commencement of Chapter V-A S.23Definitions S.24Application for adjustment of debts S.25Every creditor and debtor to file true and correct statement before Court S.26Assignee from non-debtor not entitled to benefit of this chapter S.27Application for recording settlement S.28Service of notice on debtor and creditor to submit statement of debts S.29Debts in respect of which no application for adjustment or settlement is made to be extinguished S.30Duties of debtors and creditors S.31Preliminary issues S.32Examination of creditor and debtor S.33Mode of taking accounts S.34In certain cases rent may be charged in lieu of profits S.35Power of Court to declare certain transfers to be in the nature of mortgage S.36Provisions of section 35 not to apply to certain transfers and transferees S.37Court’s duty to determine particulars, value etc. of property S.38Fraudulent alienations or encumbrances void S.39Paying capacity of debtor S.40Debts payable by debtor to be scaled down S.41Award S.42Ex-parte proceeding, if any party does not appear S.43Award to be registered S.44Execution of award S.45Postponement of payment of installment in case of remissions, etc S.46No alienation by debtor before discharge of debts valid S.47Court may order sale of debtor’s property in liquidation of his debts S.48Legal practitioners excluded from appearance S.49Appeals S.50Power of District Judge to refer for disposal certain appeals to Assistant Judge or Civil Judge empowered to hear appeals S.51Court-fees S.52Notice how served S.53Provisions of Civil Procedure Code to apply to proceedings S.54Bar of civil suits or proceedings S.55Period of proceedings before courts under this chapter to be excluded S.56Alienation of standing crop, etc., before repayment of loan prohibited S.57Power to make rules S.58Further exemptions S.59Debts adjusted under any other laws not to be further adjusted under this Chapter S.60Exemptions S.61Repeal of Mah. Ord. VII of 1975 and savings

The Maharashtra Debt Relief Act, 1975

Act ID: 1976

The Maharashtra Debt Relief Act, 1975

"An Act to provide for relief from indebtedness to certain farmers, rural artisans, rural labourers and workers."

Table of Contents

62 Sections

Ch.

Sections

S.1Short title, extent and commencement S.2Definitions S.3Revival of all discharged debts under Ordinance VII of 1975 S.4Discharge of certain debts and consequences thereof S.5Prohibition against disposal of pledged property, etc. and penalty S.6Power of certain officers to enforce delivery of possession of property to debtor S.7Creditor may dispute debtor’s claim S.8Power of entry and search S.9Creditor required to pay value of pledged property in certain cases S.10Power of Authorised Officer to impose fine for frivolous or vexatious applications S.11Bar of jurisdiction S.12Suits involving issues required to be decided under this Act S.13Agreement for labour in lieu of debt to become void S.14Moratorium on debts of workers in certain cases S.14ATemporary duration of Chapters IV and V S.15Stay of proceedings in case of certain decrees S.16Release of persons in detention in civil prison S.17Relief against default in payment of installments S.18Computation of time for execution S.19Payment of certain decrees S.20Transfer by small farmer to be voidable S.21Restriction on amount of claim and interest in certain cases S.22Commencement of Chapter V-A S.23Definitions S.24Application for adjustment of debts S.25Every creditor and debtor to file true and correct statement before Court S.26Assignee from non-debtor not entitled to benefit of this chapter S.27Application for recording settlement S.28Service of notice on debtor and creditor to submit statement of debts S.29Debts in respect of which no application for adjustment or settlement is made to be extinguished S.30Duties of debtors and creditors S.31Preliminary issues S.32Examination of creditor and debtor S.33Mode of taking accounts S.34In certain cases rent may be charged in lieu of profits S.35Power of Court to declare certain transfers to be in the nature of mortgage S.36Provisions of section 35 not to apply to certain transfers and transferees S.37Court’s duty to determine particulars, value etc. of property S.38Fraudulent alienations or encumbrances void S.39Paying capacity of debtor S.40Debts payable by debtor to be scaled down S.41Award S.42Ex-parte proceeding, if any party does not appear S.43Award to be registered S.44Execution of award S.45Postponement of payment of installment in case of remissions, etc S.46No alienation by debtor before discharge of debts valid S.47Court may order sale of debtor’s property in liquidation of his debts S.48Legal practitioners excluded from appearance S.49Appeals S.50Power of District Judge to refer for disposal certain appeals to Assistant Judge or Civil Judge empowered to hear appeals S.51Court-fees S.52Notice how served S.53Provisions of Civil Procedure Code to apply to proceedings S.54Bar of civil suits or proceedings S.55Period of proceedings before courts under this chapter to be excluded S.56Alienation of standing crop, etc., before repayment of loan prohibited S.57Power to make rules S.58Further exemptions S.59Debts adjusted under any other laws not to be further adjusted under this Chapter S.60Exemptions S.61Repeal of Mah. Ord. VII of 1975 and savings