The Maharashtra (Vidarbha Region) Agricultural Debtors Relief Act, 1969

The Maharashtra (Vidarbha Region) Agricultural Debtors Relief Act, 1969

Finance196957 sections5 chapters

The Maharashtra Vidarbha Region Agricultural Debtors Relief Act, 1969, regulates the process of official settlement, adjustment, and reduction of outstanding court decreed debts. It applies to agricultural debtors, primarily struggling farmers, and their creditors within the Vidarbha region of India. This legislation matters because it provides crucial financial relief to impoverished farmers facing heavy debt burdens. By capping interest rates at six percent, reducing outstanding debts on a proportionate basis according to the debtor's actual paying capacity, and erasing unfiled claims, the law actively protects vulnerable farming communities from losing their agricultural land, ensuring their economic survival and stable livelihood.

Chapter I PRELIMINARY →

  1. 1Short title, extent and commencement.
  2. 2Definitions.

Chapter II PROCEDURE FOR ADJUSTMENT OF DEBTS →

  1. 3Application for adjustment of debts.
  2. 4Every creditor and debtor to file a true and correct statement before Court.
  3. 5Assignees from non-debtor not entitled to benefit of this Act.
  4. 6Application for recording settlement.
  5. 7Settlement during pendency of proceedings before Court.
  6. 8Certain settlements to be void.
  7. 9Withdrawal of application.
  8. 10Consolidation of applications.
  9. 11Power of Civil Judge to refer for disposal certain applications to Joint Civil Judge.
  10. 12Service of notice on debtors and creditors to submit statement of debts.
  11. 13Debts in respect of which no application for adjustment or settlement is made to be extinguished.
  12. 14Duties of debtors and creditors.
  13. 15Preliminary issues.
  14. 16Taking of accounts.
  15. 17Examination of creditor and debtor.
  16. 18Mode of taking accounts and reduction of debt or interest or both.
  17. 19In certain cases rent may be charged in lieu of profits.
  18. 20Power of Court to declare certain transfers to be in nature of mortgage.
  19. 21Provisions of section 20, not to apply to certain transfers and transferees.
  20. 21ACourt’s duty to determine particulars, value, etc., of property.
  21. 22Fraudulent alienations or incumbrances void.
  22. 22AValue of property of debtor to be determined by Court in prescribed manner.
  23. 22BPaying capacity of debtor.
  24. 22CDebts payable by debtor to be further scaled down.
  25. 23Award.
  26. 24No recovery of amount in excess of debts reduced.
  27. 25Ex-parte proceeding, if any party does not appear.
  28. 26Award to be registered; how executed.
  29. 27Postponement of payment of instalment in case of remissions, etc.
  30. 28No alienation by debtor before discharge of debts valid.
  31. 29Court may order sale of debtor’s property in liquidation of his debt.
  32. 30Pleaders, etc., excluded from appearance.
  33. 31Appeals.
  34. 32Power of District Judge to refer for disposal certain appeals to Assistant Judge or Civil Judge empowered to hear appeals.
  35. 33Court fees.
  36. 34Notice how served.
  37. 35Provisions of Civil Procedure Code to apply to proceedings.

Chapter III REGISTRATION OF AWARDS →

  1. 36Debt Adjustment Register and Index.
  2. 37Court to send awards and memoranda to Registrars and Sub-Registrars.
  3. 38Notice of appeals to Registrars.
  4. 39Registration.
  5. 40Notice of awards.
  6. 41Application of Indian Registration Act.

Chapter IV INSOLVENCY PROCEEDINGS →

  1. 42Court to declare debtor insolvent in certain circumstances.
  2. 43Procedure in insolvency proceedings.
  3. 44Distribution of assets of insolvent.
  4. 45Bar to application in insolvency in other Courts.
  5. 46Appeals barred.

Chapter V MISCELLANEOUS →

  1. 47Bar of Civil Suits or proceedings.
  2. 48Period of proceeding before Courts under this Act to be excluded.
  3. 49Alienation of standing crops, etc., before repayment of loan prohibited.
  4. 50Power of State Government to authorise any person to advance loans to debtors.
  5. 51Rules.
  6. 52Repeal of M.P.V. of 1956.
  7. 53Repeal and saving.

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