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Section 16

The Gujarat Rural Debtors' Relief Act, 1976State Act of Gujarat · Act 35 of 1976

(1) If the possession of the property pledged or mortgaged by a debtor cannot for any reason be delivered to him, the creditor shall pay to the debtor such value of the property, as the debt settlement officer may fix.

(2) The debt settlement officer may, on fixing the value of any property under sub-section (1), grant to the debtor a certificate for the recovery of the amount stated therein to be due as arrears.

(3) If the creditor fails to pay such value to the debtor, it shall be recoverable from him as an arrear of land revenue, and on recovery thereof, it shall be paid to the debtor.

(4) For the purpose of such recovery under sub-section (3), the certificate granted to the debtor under sub-section (2) shall be final and conclusive proof of the arrears stated to be due therein.

17. Whoever,—

(a) intentionally makes any false statement or supplies false information or particulars to a local authority, debt settlement officer or an Appellate Officer in any proceeding under this Act, or

(b) intentionally produces before a debt settlement officer or an Appellate Officer any false document, or

(c) being a creditor, knowingly takes recourse, for the purpose of recover ing a debt from his debtor, to a procedure in contravention of the provisions of this Act, or

(d) contravenes the provisions of section 14, or

(e) abets any of the acts as aforesaid, shall, on conviction, be liable to be punished with imprisonment for a term which may extend to one year or to a fine which may extend to one thousand rupees or with both.

18. In making inquiries under this Act, a debt settlement officer shall have the same powers as are vested in courts in respect of the following matters under Code of Civil Procedure, 1908, in trying a suit, namely :—

(a) proof of facts by affidavits;

(b) summoning and enforcing the attendance of any person and examining him on oath ;

(c) compelling the production of books of accounts and other documents.

19. No suit, prosecution or other legal proceeding shall lie against any debt settlement officer, Appellate Officer or any other officer or employee of the State Government or of a local authority, for anything which is in good faith done, or intended to be done, in pursuance of this Act or rules made thereunder.

20. All inquiries and proceedings before a debt settlement officer and Appel-late Officer shall be deemed to be judicial proceedings within the meaning of sections 193, 210 and 228 of the Indian Penal Code.

Where this provision sits

ActThe Gujarat Rural Debtors' Relief Act, 1976
Section16
JurisdictionState of Gujarat
StatusIn force as published by the source

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