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