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Section 38: Award to be registered: how executed.

The Maharashtra Agricultural Debtors Relief Act.State Act of Maharashtra · Act 28 of 1947

[(1) Every award made under this Act [if it is in respect of debts charged on the properties of the debtor] shall, on payment of the court-fee payable under section 44, be registered in the manner provided in Chapter II-A.]

(2) The court-fee on the award shall be paid by the party ordered by the Court to bear the costs:

Provided that any creditor who is not ordered to bear the costs may pay such court-fee. Such creditor shall be entitled to recover the amount of court-fee paid by him from the debtor with the first instalment payable to him under the award:

Provided further that no court-fee shall be payable by a co-operative society.

(3) The award [* *] shall be executed as follows :-

(i) If the debtor makes default in the payment of any instalment due under the award to any creditor such creditor may apply in the prescribed form to the Court for execution of the award.

(ii) If the Court on receipt of such application is satisfied that the debtor has made default in the payment of the instalment the Court shall transfer the award for execution to the Collector and thereupon the Collector shall recover the amount of the instalment from the debtor as arrears of land revenue:

Provided that nothing in [clauses (i) and (ii)] shall affect the right of Government, a local authority or a co-operative society to have recourse to any mode of recovery allowable by any law for the time being in force.

[(iii) If the Court has passed an order for the delivery of possession of any property under clause (v) of sub-section (2) of section 32 such order shall on the application be executed by the Court as if it were a decree passed by it].

Where this provision sits

ActThe Maharashtra Agricultural Debtors Relief Act.
Section38
Marginal noteAward to be registered: how executed.
JurisdictionState of Maharashtra
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Bom. 70 of 1948. This sub-section was substituted for the original by Bom. 70 of 1948, s. 11(1).
  • inserted, Bom. 37 of 1950. These words were inserted by Bom. 37 of 1950, s. 7.
  • omitted, Bom. 37 of 1950. The words "so registered" were deleted by Bom. 37 of 1950, s. 7.
  • substituted, Bom. 70 of 1948. These words, brackets and figures were substituted for "this sub-section" by Bom. 70 of 1948, s. 11(2)(a).
  • added, Bom. 70 of 1948. This clause was added by Bom. 70 of 1948, s. 11(2)(b).

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