Section 5: Power to issue certificate

The Tehsildar, Naib Tehsildar and Inspector Land Records within the local limits of whose jurisdiction a debtor actually and voluntarily resides, or carries on business, or personally works for gain and such other officer or authority as may be prescribed shall be competent to issue a certificate in the prescribed form and manner certifying that the debtor is an agricultural labourer, a marginal farmer or a rural artisan. C O M M E N T A R Y Judgment debtor producing certificate of Tehsildar issued under S. 5 in execution of money decree- Presumption of his being scheduled debtor to be raised. It is clear that as per the provisions of S. 6 of the act, as presumption has to be drawn when a certificate of Tehsildar is issued that the petitioner is scheduled debtor. However, this presumption is rebuttable and the non-petitioners are at liberty to adduce such evidence, which may disprove the correctness of the certificates. The certificate cannot be ignored merely on the ground that the Tehsildar had made no enquiry. Rameshwar Vs. Purshottam, 1987 (1) RLR 508.