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[Cites 0, Cited by 1] [Section 6] [Entire Act]

State of Tamilnadu - Subsection

Section 6(2) in Tamil Nadu Debt Relief Act, 1976

(2)[(a) On receipt of an application under sub-section (1-A), the Tahsildar, after giving a reasonable opportunity to the creditor concerned and the debtor to make their representations and if he is satisfied-
(i)that the debtor is entitled to relief under section 4, shall pass an order releasing the mortgaged property' and grant a certificate of redemption in the prescribed form which shall be admissible as evidence of such redemption in any proceeding before any Court or other authority; or
(ii)that the debtor is not entitled to relief under section 4, shall pass an order dismissing the application:
Provided that the Tahsildar may, if he deems fit, hold a summary enquiry before passing an order under this clause.] [[Substituted for the following clause (2) by section 3(3) of the Tamil Nadu Debt Relief (Amendment) Act, 1980 (Tamil Nadu Act 5 of 1980), which was deemed to have come into force on the 13th December 1979:-'(a) On receipt of such application and after such enquiry conducted in the manner prescribed, the Tahsildar shall pass an order releasing the mortgaged property and grant a certificate of redemption in the prescribed form which shall be admissible as evidence of such redemption in any proceeding before any court or other authority;]]An order under this clause shall be communicated to the creditor concerned and the debtor within such period as may be prescribed.] [This sub-section was inserted by section 3 (2) of the Tamil Nadu Debt Relief (Amendment) Act, 1980 (Tamil Nadu Act 5 of 1980) which was deemed to have come into force on the 13th December 1979.]
(b)The Tahsildar shall also direct the creditor or the transferee of the creditor-
(i)to deliver possession of the mortgaged property to the debtor on or before the date specified in the order, if the debtor is not already in possession of the mortgaged property; and
(ii)to produce on or before the date specified in the order, the mortgage deed or other document and the Tahsildar shall make an endorsement of redemption on the mortgage deed or other document.
[(2-A) (a) The Tahsildar shall, as soon as may be after the expiry of [thirteen months] [Inserted by section 3(4) of the Tamil Nadu Debt Relief (Amendment) Act, 1980 (Tamil Nadu Act 5 of I960), which was deemed to have come into force on the 13th December 1979] from the said date, publish in such form and in such manner as may be prescribed a list of debtors who have made applications under sub-section (1-A).]
(b)Where any debtor referred to in clause (f) of section 4 has not made any application in accordance with the provisions of, and within the time specified in, sub-section (1-A), then, such debtor shall not be entitled to relief under this Act.