Vidhi Codex

The 1[Maharashtra Agricultural Debtors Relief Act

The 1[Maharashtra Agricultural Debtors Relief Act

Finance194768 sections5 chapters

The Maharashtra Agricultural Debtors Relief Act regulates the official restructuring and settlement of private agricultural debts. It applies directly to individuals and undivided families in the region who personally cultivate farming land, earn minimal outside income, and have total liabilities under fifteen thousand rupees. This legislation matters because it provides an essential legal safety net for financially distressed farmers, enabling civil courts to formalize and reduce their debt. By modifying repayment terms and declaring unrecorded debts void, the Act protects vulnerable rural families from losing their agricultural lands to crippling debt, thereby safeguarding their livelihoods and preserving vital food production.

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Chapter I PRELIMINARY →

  1. 1Short title and extent.
  2. 2Definitions.
  3. 3Savings.

Chapter II PROCEDURE FOR ADJUSTMENT OF DEBTS →

  1. 4Application for adjustment of debts.
  2. 5Every creditor and debtor to file a true and correct statement before Court.
  3. 6Application by debtor jointly and severally liable.
  4. 7Assignees from non-debtor not entitled to benefit of this Act.
  5. 8Application for recording settlement.
  6. 9Settlement during pendency of proceedings before Court.
  7. 10Certain settlement to be void.
  8. 11Application under section 4 or 8 to be made only in respect of debtor whose debts are not more than Rs. 15,000.
  9. 12Withdrawal of applications.
  10. 13Consolidation of applications.
  11. 13APower of Civil Judge to refer for disposal certain applications to Joint Civil Judge.
  12. 14Service of notice on debtors and creditors to submit statement of debts.
  13. 15Debts in respect of which no application for adjustment or settlement is made to be void.
  14. 16Duties of debtors and creditors.
  15. 17Preliminary issues.
  16. 18Deleted.
  17. 19Transfer of pending suits, appeals, applications and proceedings to the Court.
  18. 20Taking of accounts.
  19. 21Examination of creditor and debtor.
  20. 22Mode of taking accounts.
  21. 23In certain cases rent may be charged in lieu of profits.
  22. 24Power of Court to declare transfer purporting to be sale to be in nature of mortgage.
  23. 25Provisions of section 24 not to apply to certain transfers and transferees.
  24. 26Notice to Collector co-operative societies, Registrar, local authorities and others.
  25. 27Court's duty to determine particulars, value, etc., of property.
  26. 28Fraudulent alienations or incumbrances void.
  27. 29Value of property of debtor to be determined by Court in prescribed manner.
  28. 30Paying capacity.
  29. 31Debts payable by debtors to be scaled down.
  30. 32Award.
  31. 33Court to prepare scheme for adjustment of debts through provincial Land Mortgage Bank.
  32. 34No recovery of amount in excess of debts scaled down.
  33. 35Debts not to be scaled down in case of collusion.
  34. 36Ex parte proceedings if any party does not appear.
  35. 37Re-opening of award and re-adjustment of debts.
  36. 38Award to be registered: how executed.
  37. 39Postponement of payment of instalment in case of remissions, etc.
  38. 40No alienation by debtor before discharge of debts valid.
  39. 41Court may order sale of debtor's property in liquidation of his debt.
  40. 42Pleaders, etc., excluded from appearance.
  41. 43Appeals.
  42. 43APower of District Judge to refer for disposal certain appeals to Assistant Judge or Civil Judge empowered to hear appeals.
  43. 44Court-fees.
  44. 45Notice how served.
  45. 46Provisions of Civil Procedure Code to apply to proceedings.

Chapter III INSOLVENCY PROCEEDINGS →

  1. 47Court to declare debtor insolvent in certain circumstances.
  2. 48Procedure in insolvency proceedings.
  3. 49Distribution of assets of insolvent.
  4. 50Bar to application in insolvency in other courts.
  5. 51Appeals barred.

Chapter IV MISCELLANEOUS →

  1. 51ABar of civil suits or proceedings.
  2. 52Period of proceeding before Courts under this Act to be excluded.
  3. 53Alienation of standing crops, etc., before repayment of loan prohibited.
  4. 54Power of State Government to authorize any person to advance loans to debtors.
  5. 55Rules.
  6. 56Repeal of Act XVII of 1879 and Bom. XXVIII of 1939.
  7. 57Special provision for application under section 4 in respect of debts due to creditor in merged territory.
  8. 58Special provision for application under section 24 in respect of land situate in merged territories.

Chapter IIA REGISTRATION OF AWARDS →

  1. 46ADebt Adjustment Register and Index.
  2. 46BCourt to send awards and memorandums to Registrars and Sub-Registrars.
  3. 46CNotice of appeals to Registrars.
  4. 46DRegistration.
  5. 46ERegistration of awards under repealed Act.
  6. 46FNotice of awards.
  7. 46GApplication of Indian Registration Act.

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