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The Maharashtra Agricultural Debtors Relief Act.

Maharashtra
Act number
28 of 1947
Ministry
Govt of Maharashtra
Department
Agriculture, Animal Husbandry, Dairy Development and Fisheries Department
Enacted
27 May 1947

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

68 sections

  1. Section 1Short title and extent.
  2. Section 2Definitions.
  3. Section 3Savings.
  4. Section 4Application for adjustment of debts.
  5. Section 5Every creditor and debtor to file a true and correct statement before Court.
  6. Section 6Application by debtor jointly and severally liable.
  7. Section 7Assignees from non-debtor not entitled to benefit of this Act.
  8. Section 8Application for recording settlement.
  9. Section 9Settlement during pendency of proceedings before Court.
  10. Section 10Certain settlement to be void.
  11. Section 11Application under section 4 or 8 to be made only in respect of debtor whose debts are not more than Rs. 15,000.
  12. Section 12Withdrawal of applications.
  13. Section 13Consolidation of applications.
  14. Section 13APower of Civil Judge to refer for disposal certain applications to Joint Civil Judge.
  15. Section 14Service of notice on debtors and creditors to submit statement of debts.
  16. Section 15Debts in respect of which no application for adjustment or settlement is made to be void.
  17. Section 16Duties of debtors and creditors.
  18. Section 17Preliminary issues.
  19. Section 18Deleted.
  20. Section 19Transfer of pending suits, appeals, applications and proceedings to the Court.
  21. Section 20Taking of accounts.
  22. Section 21Examination of creditor and debtor.
  23. Section 22Mode of taking accounts.
  24. Section 23In certain cases rent may be charged in lieu of profits.
  25. Section 24Power of Court to declare transfer purporting to be sale to be in nature of mortgage.
  26. Section 25Provisions of section 24 not to apply to certain transfers and transferees.
  27. Section 26Notice to Collector co-operative societies, Registrar, local authorities and others.
  28. Section 27Court's duty to determine particulars, value, etc., of property.
  29. Section 28Fraudulent alienations or incumbrances void.
  30. Section 29Value of property of debtor to be determined by Court in prescribed manner.
  31. Section 30Paying capacity.
  32. Section 31Debts payable by debtors to be scaled down.
  33. Section 32Award.
  34. Section 33Court to prepare scheme for adjustment of debts through provincial Land Mortgage Bank.
  35. Section 34No recovery of amount in excess of debts scaled down.
  36. Section 35Debts not to be scaled down in case of collusion.
  37. Section 36Ex parte proceedings if any party does not appear.
  38. Section 37Re-opening of award and re-adjustment of debts.
  39. Section 38Award to be registered: how executed.
  40. Section 39Postponement of payment of instalment in case of remissions, etc.
  41. Section 40No alienation by debtor before discharge of debts valid.
  42. Section 41Court may order sale of debtor's property in liquidation of his debt.
  43. Section 42Pleaders, etc., excluded from appearance.
  44. Section 43Appeals.
  45. Section 43APower of District Judge to refer for disposal certain appeals to Assistant Judge or Civil Judge empowered to hear appeals.
  46. Section 44Court-fees.
  47. Section 45Notice how served.
  48. Section 46Provisions of Civil Procedure Code to apply to proceedings.
  49. Section 46ADebt Adjustment Register and Index.
  50. Section 46BCourt to send awards and memorandums to Registrars and Sub-Registrars.
  51. Section 46CNotice of appeals to Registrars.
  52. Section 46DRegistration.
  53. Section 46ERegistration of awards under repealed Act.
  54. Section 46FNotice of awards.
  55. Section 46GApplication of Indian Registration Act.
  56. Section 47Court to declare debtor insolvent in certain circumstances.
  57. Section 48Procedure in insolvency proceedings.
  58. Section 49Distribution of assets of insolvent.
  59. Section 50Bar to application in insolvency in other courts.
  60. Section 51Appeals barred.
  61. Section 51ABar of civil suits or proceedings.
  62. Section 52Period of proceeding before Courts under this Act to be excluded.
  63. Section 53Alienation of standing crops, etc., before repayment of loan prohibited.
  64. Section 54Power of State Government to authorize any person to advance loans to debtors.
  65. Section 55Rules.
  66. Section 56Repeal of Act XVII of 1879 and Bom. XXVIII of 1939.
  67. Section 57Special provision for application under section 4 in respect of debts due to creditor in merged territory.
  68. Section 58Special provision for application under section 24 in respect of land situate in merged territories.