Skip to main content

The Maharashtra Debt Relief Act, 1975

Maharashtra

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

Act number
3 of 1976
Ministry
Govt of Maharashtra
Department
Finance Department
Enacted
3 Jan 1976

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.

62 sections

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