Award to be registered.

The Maharashtra Debt Relief Act, 1975

Finance197562 sections

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Statutory text

(1) Every award made under this Chapter, if it is in respect of debts charged on the properties of the debtor, shall, on payment of the court-fee payable under section 51, be registered in the manner hereinafter provided.
(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 installment payable to him under the award.
(3) In all registration offices, a book called "Register of Debt Adjustment Awards", and an Index relating thereto, shall be kept. The book and index shall be kept in such form and shall contain such particulars as the State Government may by general or special order, specify.
(4) Where an award is required to be registered under this section, it shall be the duty of the Court making the award to send to the Sub-Registrar of the sub-district in which the property which is the subject-matter of the award or any part of such property is situated, or if there is no Sub-Registrar for the area, to the Registrar of the district in which the property or its part is situate, a certified copy of the award, after the court-fee has been paid thereon in accordance with the provisions of section 51, together with a memorandum containing such particulars as the State Government may prescribe.
(5) If a party files an appeal against an award under section 49 and if such award has been registered under this section, it shall be the duty of the Court in which the appeal is filed to send to the Sub-Registrar or the Registrar, as the case may be, to whom a certified copy of the award has been sent under sub-section (4), a notice regarding the institution of the appeal.
(6) After the expiry of the period provided for an appeal against an award, if no appeal is filed, or if an appeal is filed after the disposal of the said appeal the Sub-Registrar or the Registrar, as the case may be, shall register the award in the Register of Debt Adjustment Awards and shall also enter particulars in the Index kept under sub-section (3).
(7) Any person acquiring any property or any part of, or any share or interest in, the property of debtor, for the adjustment of whose debts an award has been made and registered, shall be deemed to have notice of the award as from the date of its registration under this section.
(8) Except as herein provided, the provisions of the Registration Act, 1908 (XVI of 1908), shall, mutatis mutandis, apply to the registration of awards.

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