(1) Except as provided in subrule (2), the procedure specified in rule 4 shall mutatis mutandis apply to an enquiry under sub-section (2) of Section 6 or an enquiry under sub-section (3) of Section 14.
(2) The Debt Relief Officer shall in an enquiry under sub-section (3) of section 14 take down the evidence of each witness and such evidence shall be written and signed by the Judge and shall form part of the record.
BY ORDER AND IN THE NAME OF THE GOVERNOR OF KARNATAKA, (B.S. HARISH) Officer on Special Duty & Ex-officio Joint Secretary to Government, Co-operation Department.
FORM-1 [see rule 3(1)] Statement of particulars furnished by the creditor under sub-section(1) of section 5 Name, Address and Place of business of the creditor.
Sl No.
Name of the debtor and full address Date and nature of the document under which the debt is advanced Amount advanced Rate of Interest
(1) (2) (3) (4) (5) Amount due as on 23rd July 2019 Particulars of the movable properties pledged Principal Interest Total
(6) (7) (8) (9) Place:
Date:
Signature of the creditor 4 FORM-2 [see rule 3(1)] Application by the debtor for return of moveable properties pledged by him or his surety To The Debt Relief Officer, …………………………………… …………………………………… I…………(name) son of ………(Father’s name)residing at ……………….do hereby state as follows.-
1. I have borrowed a sum of Rs………… on ……....... by pledging the movable properties belonging to me and/or my surety more fully described in the Schedule below.
2. I have paid so far a sum of Rs …………… towards principle and a sum of Rs ……………. towards interest to the creditor.
3. I am an agricultural labourer/Small farmer/a person belonging to the weaker sections of the people.
4. The following are the immovable properties owned by me/my wife/or husband and minor children.- Particulars of the immovable properties Approximate value Approximate income in the name of the petitioner in the name of his wife/or her husband in the name of minor children.
5. Therefore, I am a debtor under the Karnataka Debt Relief Rules, 2019 and the debt due by me is deemed to have wholly discharged.
Hence I pray that the moveable properties specified in the schedule below may be ordered to be returned to me/ or my surety.
5
SCHEDULE Particulars of the Moveable Properties Pledged
1. Moveable properties belonging to the debtor.
2. Moveable properties belonging to the surety.
Applicant What is stated above is true to the best of my knowledge and information.
Date:
Place: Applicant.
FORM-3 [see rule 3(2)] Certificate of Discharge This is to certify that a debt of Rupees ………….. incurred by Sri …………….
(debtor) by pledging the moveable properties on ………….. from Sri ………………….
(creditor) shall be deemed to have been wholly discharged in pursuance of an order passed under sub-section(3) of Section 4 of the Karnataka Debt Relief Act, 2019 in case No ………….. on the file of the Debt Relief Officer…….……… Seal Debt Relief Officer ……………………………………….
Date:
FORM-4 [see rule 3(2)] Certificate of Redemption This is to certify that a debt incurred by Sri ………………….. by mortgaging the scheduled immovable properties under the mortgage deed dated ………. from Sri …………. shall be deemed to have been wholly discharged in pursuance of an order under sub-section (3) of section 5 of the Karnataka Debt Relief Act, 2019 (Karnataka Act 17 of 2019) in case No …………. on the file of the Debt Relief Officer ……………. and the said mortgage is hereby redeemed.
Seal Debt Relief Officer ……………………………………….
Date:
6 FORM-5 [see rule 4(7)] Acknowledgement by the Debtor I…………S/o ………….. residing ……………. debtor in case No ……….. on file of the Debt Relief Officer………………. hereby acknowledge the receipt of the following articles, namely.-
1.
2.
(here specify the particulars and full description of the articles received by the debtor) Signature of the Debtor.
Date…………………