The Maharashtra Agricultural Debtors Relief Act.
State Act of Maharashtra · Act 28 of 194768 provisions
The enactment
| Type | Act |
|---|---|
| Citation | Act 28 of 1947 |
| Year | 1947 |
| Jurisdiction | State of Maharashtra |
| Ministry | Govt of Maharashtra |
| Status | In force as published by the source |
| Provisions published | 68 |
| Subjects | agriculture |
Full text, provision by provision
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- Section 1 Short title and extent.
- Section 2 Definitions.
- Section 3 Savings.
- Section 4 Application for adjustment of debts.
- Section 5 Every creditor and debtor to file a true and correct statement before Court.
- Section 6 Application by debtor jointly and severally liable.
- Section 7 Assignees from non-debtor not entitled to benefit of this Act.
- Section 8 Application for recording settlement.
- Section 9 Settlement during pendency of proceedings before Court.
- Section 10 Certain settlement to be void.
- Section 11 Application under section 4 or 8 to be made only in respect of debtor whose debts are not more than Rs. 15,000.
- Section 12 Withdrawal of applications.
- Section 13 Consolidation of applications.
- Section 13A Power of Civil Judge to refer for disposal certain applications to Joint Civil Judge.
- Section 14 Service of notice on debtors and creditors to submit statement of debts.
- Section 15 Debts in respect of which no application for adjustment or settlement is made to be void.
- Section 16 Duties of debtors and creditors.
- Section 17 Preliminary issues.
- Section 18 Deleted.
- Section 19 Transfer of pending suits, appeals, applications and proceedings to the Court.
- Section 20 Taking of accounts.
- Section 21 Examination of creditor and debtor.
- Section 22 Mode of taking accounts.
- Section 23 In certain cases rent may be charged in lieu of profits.
- Section 24 Power of Court to declare transfer purporting to be sale to be in nature of mortgage.
- Section 25 Provisions of section 24 not to apply to certain transfers and transferees.
- Section 26 Notice to Collector co-operative societies, Registrar, local authorities and others.
- Section 27 Court's duty to determine particulars, value, etc., of property.
- Section 28 Fraudulent alienations or incumbrances void.
- Section 29 Value of property of debtor to be determined by Court in prescribed manner.
- Section 30 Paying capacity.
- Section 31 Debts payable by debtors to be scaled down.
- Section 32 Award.
- Section 33 Court to prepare scheme for adjustment of debts through provincial Land Mortgage Bank.
- Section 34 No recovery of amount in excess of debts scaled down.
- Section 35 Debts not to be scaled down in case of collusion.
- Section 36 Ex parte proceedings if any party does not appear.
- Section 37 Re-opening of award and re-adjustment of debts.
- Section 38 Award to be registered: how executed.
- Section 39 Postponement of payment of instalment in case of remissions, etc.
- Section 40 No alienation by debtor before discharge of debts valid.
- Section 41 Court may order sale of debtor's property in liquidation of his debt.
- Section 42 Pleaders, etc., excluded from appearance.
- Section 43 Appeals.
- Section 43A Power of District Judge to refer for disposal certain appeals to Assistant Judge or Civil Judge empowered to hear appeals.
- Section 44 Court-fees.
- Section 45 Notice how served.
- Section 46 Provisions of Civil Procedure Code to apply to proceedings.
- Section 46A Debt Adjustment Register and Index.
- Section 46B Court to send awards and memorandums to Registrars and Sub-Registrars.
- Section 46C Notice of appeals to Registrars.
- Section 46D Registration.
- Section 46E Registration of awards under repealed Act.
- Section 46F Notice of awards.
- Section 46G Application of Indian Registration Act.
- Section 47 Court to declare debtor insolvent in certain circumstances.
- Section 48 Procedure in insolvency proceedings.
- Section 49 Distribution of assets of insolvent.
- Section 50 Bar to application in insolvency in other courts.
- Section 51 Appeals barred.
- Section 51A Bar of civil suits or proceedings.
- Section 52 Period of proceeding before Courts under this Act to be excluded.
- Section 53 Alienation of standing crops, etc., before repayment of loan prohibited.
- Section 54 Power of State Government to authorize any person to advance loans to debtors.
- Section 55 Rules.
- Section 56 Repeal of Act XVII of 1879 and Bom. XXVIII of 1939.
- Section 57 Special provision for application under section 4 in respect of debts due to creditor in merged territory.
- Section 58 Special provision for application under section 24 in respect of land situate in merged territories.
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