Section 4 in Rajasthan Scheduled Debtors (Liquidation of Indebtedness) Act, 1976
4. Liquidation of debts of the scheduled debtor.
- Notwithstanding anything contained in any other law for the time being in force or in any contract or other instrument having force by virtue of any such law, and save as otherwise expressly provided in this Act, the consequences as hereinafter set forth shall, with effect from the date of commencement of this Act, ensue namely:-(a)every debt advanced before the commencement of this act, including the amount of interest, if any, payable by a scheduled debtor to a creditor shall be deemed to be wholly discharged;(b)no such debt due from the scheduled debtor immediately before the commencement of this Act, shall be recoverable from him, or from or against any movable or immovable property, belonging to him, nor shall any such property be liable to be attached and sold or proceeded against in any manner in the execution of any decree or order relating to such debt against him;(c)no civil court shall entertain any proceeding against a scheduled debtor for the recovery of any amount of such debt, including interest, if any:Provided that where a proceeding is instituted jointly against a scheduled debtor and any other person, nothing in this clause shall apply to the maintainability of a proceeding in so far as it relates to such other person;(d)all proceedings (including appeals, revisions, attachment or execution proceedings) pending on the date of the commencement of this Act for the recovery of any debt against a scheduled debtor shall abate:Provided that nothing in this clause shall apply to the sale of-(i)any moveable property, held and concluded before the commencement of this Act;(ii)any immovable property, confirmed before such commencement:(e)every scheduled debtor undergoing detention in a civil prison in execution of any decree for money passed against him by a civil court in respect of any debt shall be released.Explanation. - Nothing in this Section shall be construed to entitle any scheduled debtor to the refund of any part of a debt already repaid by him or recovered from him before the commencement of this Act.
