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[Cites 0, Cited by 0] [Section 5] [Entire Act]

State of Tamilnadu - Subsection

Section 5(2) in Tamil Nadu Debt Relief Act, 1976

(2)A debtor referred to in clause (e) of section 4 may also make an application to the Tahsildar having jurisdiction over the area where his creditor has his ordinary place of business for an order for the return of the movable property pledged by the debtor:[Provided that no application shall be made under this sub-section after the 13th day of December 1979 and every application for an order for the return of the movable property shall be made in accordance with, and within the time specified in, sub-section (2-A).] [Added by section 2(1) 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.][(2-A) (a) Every debtor referred to in clause (e) of section 4, shall, notwithstanding anything contained in sub-section (1) or in sub-section (2) and whether or not his creditor has furnished a statement under sub-section (1) in respect of such debtor, make an application in such form and containing such particulars as may be prescribed to the Tahsildar having jurisdiction over the area where his creditor has his ordinary place of business.
(b)Every such application shall be,-
(i)supported by an affidavit, which shall be in such form and be sworn or affirmed before such officer or authority as may be prescribed and which shall state that the debtor is entitled to relief under section 4; and
(A)in the case of a landless agricultural labourer or a rural artisan, as to the annual household income of such debtor; and
(B)in the case of a small farmer, as to the extent of land held by him (whether as owner, tenant or mortgagee with possession) and that his principal means of livelihood is income derived from agricultural land.
(ii)accompanied by a certificate from the prescribed authority,-
(c)Every such application shall be made before the expiry of the period of [twelve months] from the 13th day of December 1979 (hereafter in this section referred to as the said date):
Provided that the Tahsildar may, in his discretion, allow further time not exceeding one month for making any such application, if he is satisfied that the debtor had sufficient cause for not making the application in time, but no application shall be made after the expiry of [thirteen months] [Substituted for the words 'seven months' by section 3(1)(i)(6) of the Tamil Nadu Pawnbrokers and Debt Relief Law (Amendment) Act, 1980 (Tamil Nadu Act 35 of 1980), which was deemed to have come into force on the 13th June 1980.] from the said date.