Maharashtra Debt Relief (Adjustment of Debts) Rules, 1979

The Maharashtra Debt Relief (Adjustment of Debts) Rules, 1979

Published vide Notification No. MDR. 1479/20040/142/7C, dated 16th August, 1979 (M. G. G., Part 4B, pp. 1448-1461)

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In exercise of the powers conferred by sub-sections (1) and (2) of section 57 of the Maharashtra Debt Relief Act, 1975 (Maharashtra III of 1976), and all powers enabling it in that behalf, the Government of Maharashtra hereby makes the following rules under the Maharashtra Debt Relief Act, 1975, the same having been previously published as required by sub-section (3) of the said section 57, namely:-

1. Short title.- These rules may be called the Maharashtra Debt Relief (Adjustment of Debts) Rules, 1979.
2. Definitions.- In these rules, unless the context otherwise requires,-

(a) "Act" means the Maharashtra Debt Relief Act, 1975 (Maharashtra III of 1976);

(b) "Form" means a form appended to these rules;

(c) "Section" means a section of the Act.

3. Applications under sub-section (1) of section 24.- (1) The application to be made by a debtor under sub-section (1) of section 24 shall be in Form 1.

(2) The application to be made by a creditor under sub-section (1) of section 24 shall be in Form 2.

(3) Every application to be made under the preceding sub-rules shall be accompanied by copies of relevant documents such as decree of the Court, promissory note executed by the debtor, bill of exchange or hundi, deed of mortgage, assignment and such other documents evidencing the debt in question.

(4) Every debtor or creditor making such application shall present it in person to the Court during its working hours or shall send it to the Court by registered post.

4. Applications under sub-section (1) of section 27.- All applications to be made under sub-section (1) of section 27 shall be in Form 3. The applicants shall present them in person to the Court during its working hours or send them to the Court by registered post.
5. Notice under sub-section (3) of section 27.- (1) On receipt of any application under sub-section (1) or (2) of section 27, the Court shall send a notice thereof to the creditor or creditors or the debtor, as the case may be, under a certificate of posting. A copy of such notice shall also be affixed on the notice board in the Court's premises.

(2) Every such notice shall state that the applications received by the Court shall be available for inspection in the office of the Court during its working hours.

6. Forms of statements to be submitted by debtor and creditor under section 28.- The statements of debt to be submitted by a debtor and a creditor section 28 shall be in Forms 4 and 5, respectively.
7. Determination of average gross annual income of debtor.- (1) For the purpose of determining the average gross annual income of a debtor during the five years immediately preceding the date of application made under section 24 (such period being hereinafter in this rule referred to as "the said specified period"), the Court shall,-

(i) in the case of a debtor who is a marginal farmer, small farmer or other agriculturist, obtain from the Tahsildar within the limits of whose jurisdiction, the debtor resides or holds agricultural land or other property, such particulars as it may consider relevant, as respects the debtor's land holding, the produce raised thereupon during the said specified period and the approximate value of such produce;

(ii) in the case of a debtor who is a worker, rural artisan or rural labourer, obtain from the Tahsildar within the limits of whose jurisdiction, the debtor resides or holds agricultural land or other property, such particulars as it may consider relevant, as respects the sources of his income and the approximate amount of annual income derived therefrom and in the case of a worker who is employed, shall, in addition require such worker to produce a certificate of salary or wages paid to him annually during the said specified period, given by his employer.

8. Form of award.- The award to be made by the Court under section 41 shall be in Form 6.
9. Form of application under section 44.- The form of application to be made under section 44 shall be in Form 7.
10. Manner of sale of debtor's property by officer of Court.- The officer who is ordered by the Court to sell any property of the debtor under section 44 shall sell it in accordance with the procedure laid down for sale under the Code of Civil Procedure, 1908 (5 of 1908) and upon effecting the sale, shall issue a certificate in Form 8 to the purchaser of the property.
11. Recovery of court-fee.- The court-fees recoverable under section 51 shall be recovered as arrears of land revenue.

Form 1

(See rule 3)

[Form of application for adjustment of debt to be made by debtor]

To,

The Court of Civil Judge,

Under section 24(1) of the Maharashtra Debt Relief Act, 1975, I ........son of.......... resident of village taluka district aged engaged in the occupation of................hereby apply for the adjustment of my debt under the said Act.

2. The amount and other particulars of all debts due from me are indicated below :-

Particulars of debts other than those referred to in sections 58 and 60 of the said Act

The amount and particulars of debts referred to in sections 58 and 80 of the said Act

3. The particulars of my property including claims due to me are as follows

(a) Immovable property (including property situate outside the State of Maharashtra)

Lands.......

Houses.......

(b) Movable property (including cash)

4. I hereby declare that to the best of my knowledge and belief all debts which are due from me have been fully and truly disclosed and included in the above statement.

I solemnly affirm that the particulars of all my movable and immovable property have been fully and truly declared and shown in the above statement.

Dated the......... 19........

................ Signature of the applicant.

Form 2

(See rule 3)

[Form of application for adjustment of debt to be made by creditor]

To,

The Court of Civil Judge,

Under section 24(1) of the Maharashtra Debt Relief Act, 1975. I..........son of........resident of village....taluka............ and district.........hereby apply for the adjustment of my claims against................who is my debtor.

2. The particulars of my claims are as follows :

3. The particulars of the debtor's property including the property situate outside the State of Maharashtra, so far as they are known to me are as follows

(a) Immovable property -

(b) Movable property -

(c) Particulars of other income of the debtors, if any, and sources thereof -

I solemnly affirm that the particulars of my claims shown in paragraph 2 above are based upon my personal knowledge and to the best of my knowledge and belief are true and correct.

I hereby declare that the particulars of the debtor's property as shown in paragraph 3 above are based upon information received and believed to be true by me.

Dated the ......... 19............

............................................... Signature of the applicant.

Form 3

(See rule 4)

[Form of application for recording settlement arrived at by the debtor and all or any of his creditors]

To.

Under section 27(1) of the Maharashtra Debt Relief Act, 1975, I .........son of........... resident of village ...... taluka district................hereby apply that the settlement in respect of my debts/claims arrived at between the parties mentioned below on..............be recorded and certified under section 27(3) of the said Act.

2. The particulars regarding the settlement are as follows.

I hereby declare that (o the best of my knowledge and belief all debts which are due from me or which to my knowledge any person claims to be due from me and in respect of which the present application is made have been fully and truly disclosed and included in the above statement.

I solemnly affirm that the particulars of all my immovable and movable property to which the settlement relates have been fully and truly declared and shown in the above statement.

Dated the ......... 19........

................. Signature of the applicant.

Form 4

(See rule 6)

[Statement of debts to be furnished by debtor]

The amount and particulars of all debts due from me are as follows

Particulars of debts referred to in sections 58 and 60

Dated the ....... 19 ...

.............................. Signature of the Debtor.

Form 5

(See rule 6)

[Statements of debts to be furnished by creditor]

The particulars of the debts claimed by me are as under

Dated the

................... Signature of the Creditor.

Form 6

(See rule 8)

[Award under section 41 of the Maharashtra Debt Relief Act, 1975]

Proceeding No.............Year

Award of the Court

Whereas, on an application made under the Maharashtra Debt Relief Act, 1975, for the adjustment of debts of the debtor mentioned in column 1 of Schedule A hereto, this Court has determined under the provisions of the said Act, the amounts payable to the creditors mentioned in column 2 of that Schedule.

2. It is hereby ordered under section 41 of the said Act as under

(1) The said debtor shall pay to each of the creditors the amount mentioned against the latter's names in column 4 of Schedule A, in the manner laid down in column 7 thereof.

(2) The properties of the said debtor described against Serial Nos.........in Schedule B are hereby charged for the payment to the said creditors.

(3) Properties described against Serial Nos in Schedule B now in possession of the creditor Shri ...... shall be delivered to the said debtor, subject to the conditions which are recorded at the end.

(4) Properties described against Serial Nos in Schedule B shall be liable to be sold for the recovery of debts of creditors mentioned against Serial Nos respectively, in Schedule A. The conditions subject to which these shall be sold are recorded at the end.

(5) Simple interest at the rate mentioned in column 4 of Schedule A shall be allowed on the amount mentioned in that column; costs mentioned in column 5 and court-fees mentioned in column 6 of the said Schedule A shall be paid by the parties mentioned in these columns.

(6) The debts shall be paid in priority to the creditors according to the order in which their names are arranged in column 2 of Schedule A.

It is hereby declared by the Court under section 46 of the said Act that, without prejudice to the provisions of sections 47 and 56 of the said Act, alienations of properties described against Serial Nos. in Schedule B and encumbrances on properties described against Serial Nos. in the said Schedule B shall be void.

(Seal)

Small Cause Court, Bombay/Civil Judge, (Senior/Junior Division).

Dated the ...... 19..........

Note. - In Schedule A, in column 8, the amounts in respect of which a charge is kept should be entered separately according to each serial number of the properties described in Schedule B. In Schedule B, properties on which charges are kept, properties, the possession of which is ordered to be delivered, properties which are liable to be sold and properties, the alienation whereof and encumbrance on which, are declared to be void should be described in different serial numbers.

Schedule A

Schedule B

(a) Immovable Properties

(b) Movable Properties

Form 7

(See rule 9)

[Application for execution of award to be made by creditor under sub-section (1) of section 44 of the Maharashtra Debt Relief Act, 1975]

To,

In reference to the award passed by Your Honour under proceedings No........ dated ........ I............. son of......... resident of....... village .......taluka ......... district ....... aged ......... and doing business as ........hereby state that the debtor(s) mentioned in the said award has/have made default in the payment of following instalment (s) due to me under the award:

2. Under the provisions of sub-section (1) of section 44 of the Maharashtra Debt Relief Act, 1975. I hereby pray to Your Honour that the recovery of the aforesaid instalments be ordered to be made through the Collector........under the provisions of sub-section (2) of section 44 of the said Apt.

Place :

Dated the...........19........

............... Signature of the Creditor.

Form 8

(See rule 10)

[Form of certificate of sale]

This is to certify that the properties described in the Schedule hereto have been sold to Shri........of village.........taluka....district.....under section 47 of the Maharashtra Debt Relief Act. 1975, on for Rs................and the said Shri has been declared to be the purchaser of the said properties at the time of the sale. The sale price of the said properties was received on by the The sale was confirmed by and became absolute on ........

Schedule

(A) Immovable Property

(B) Movable Property

Particulars

Place :

Dated the

....................... Officer conducting the sale.