Maharashtra Debt Relief Act, 1975

The Maharashtra Debt Relief Act, 1975

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Act ID:	19763
Act Number:	3
Enactment Date:	1976-01-03
Act Year:	1976
Short Title:	The Maharashtra Debt Relief Act, 1975
Long Title:	An Act to provide for relief from indebtedness to certain farmers, rural artisans, rural labourers and workers.
Ministry:	Ministry of Govt of Maharashtra
Department:	Finance Department
Type:	STATE
Location:	Maharashtra

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The Maharashtra Debt Relief Act, 1975

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