State of Madhya Pradesh - Act
The M.P. Anusuchit Jati Tatha Anusuchit Jan Jati (Rinisahayata) Adhiniyam, 1967
MADHYA PRADESH
India
India
The M.P. Anusuchit Jati Tatha Anusuchit Jan Jati (Rinisahayata) Adhiniyam, 1967
Act 12 of 1967
- Published on 2 May 1967
- Commenced on 2 May 1967
- [This is the version of this document from 2 May 1967.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title, extent and commencement.
2. Definitions.
- In this Act, unless the context otherwise requires-3. Bar of application and saving.
- When this Act comes into force in any Scheduled Area-4. Establishment of Debt Relief Courts.
5. Debt Relief Inspectors.
6. Inapplicability of the Act in certain cases.
- The provisions of this Act shall not apply to the claims due in respect of-7. Consequences which shall ensue on coming into force of the Act.
8. Application by Creditor to Debt Relief Court.
9. Consolidation of claims.
- On the expiry of ninety days after the establishment of the Debt Relief Court, the Court receiving the applications under Section 8 shall consolidate all the claims against a particular debtor in one case and if such debtor owns land, ordinarily resides or earns livelihood within its jurisdiction shall proceed to deal with it, otherwise it shall transfer the same to such Debt Relief Court within the jurisdiction of which the debtor owns land, ordinarily resides or earns his livelihood, for disposal:Provided that in respect of debts [to which the proviso to sub-section (2) of Section 8 apply,] [Substituted by M.P. Act No. 33 of 1972.] the period of ninety days shall be counted from the appointed date.10. Procedure of Debt Relief Court dealing with claim.
- The Debt Relief Court dealing the claim under Section 8 shall-11. Application of Code of Civil Procedure to Debt Relief Court.
12. Appearance before Debt Relief Court.
13. Powers of Debt Relief Court to require proof of validity and subsisting character of debts.
- On the day fixed for the hearing of the case or on any subsequent day to which the hearing may be adjourned, the Debt Relief Court shall require proof of the validity and subsisting character of the debt.14. Calculation of interest and reduction of principal in all transactions.
14A. [ Debt Relief Court to pass further order in certain cases. [Inserted by M.P. Act No. 23 of 1984.]
- Where claim of a creditor against his debtor shall be deemed to have been or is discharged under sub-section (4) or sub-section (6) of Section 8, as the case may be, but no order for redelivery of possession of immovable property or for return of movable property pawned or pledged has been made by the Debt Relief Court or where Debt Relief Court in the case of any secured loan has not passed any order for redelivery to debtor of possession of immovable property which was mortgaged or charged, under sub-section (8) of Section 14, the debtor may apply within one year of the commencement of the Madhya Pradesh Anusuchit Jati Tatha Anusuchit Jan Jati Rini Sahayata (Sanshodhan Tatha Vidhimanya Karan) Adhiniyam, 1984, make an application in writing to the Debt Relief Court for retransfer of possession of immovable property or, as the case may be, for return of movable property pawned or pledged and thereupon such Court, notwithstanding anything in Section 22 or any decision or order of the Collector in revision or of any Court in any other legal proceeding, may after giving an opportunity to the creditor of being heard proceed to pass an order under sub-section (6-A) of section 8 or, as the case may be, under sub-section (8-A) of Section 14 :Provided that the State Government may for mitigating /hardship to members of Scheduled Castes or Scheduled Tribes, extend the period of limitation by one year by an order notified in that behalf, where it considers it necessary or expedient so to do.15. Preparation of a scheme of repayment and transfer of debtor's property.
16. Provisions governing payment of instalments.
17. Provisions when default made in payment of instalments.
18. Application of sums recovered under Section 17.
- When the Collector or other Revenue Officer recovers any sum under sub-section (1) of Section 17, he shall, in the first instance, apply to sum realised from the sale of any immovable property other than his cultivating land, to the amount payable on account of the debt which is secured by a mortgage or lien on such property in accordance with the provisions of the Transfer of Property Act, 1882 (IV of 1882), and if there is a surplus or if the debt is not so secured, towards the payment of any other amount due by the debtor in accordance with scheme drawn up by the Debt Relief Court or if the sum is insufficient towards such repayments ratably. If there is any surplus, such surplus shall be applied for ratable repayments of further instalments, if any, under the scheme and the balance, if any, returned to the debtor.19. Invalidity of transfer made by debtor in certain circumstances.
20. Application of Sections 49 and 50 and Order XXII of the Code of Civil Procedure.
- If during the period for which the scheme prepared under Section 15 is in force the debtor or the creditor dies, the provisions of Sections 49 and 50 and Order XXII of the Code of Civil Procedure, 1908 (V of 1908), as far as may be, apply.21. Act inapplicable to debts payable by insolvents.
- Nothing contained in this Act shall apply to the debts payable by any person who has been adjudicated as insolvent prior to the appointed date :Provided that the adjudication has not been annulled before or after the appointed date.22. Revision of order of Debt Relief Courts.
- The Collector may, at any time, on his own motion or on application made by any person aggrieved by an order of a Debt Relief Court within ninety days of such order call for and examine the record of any case pending before or disposed of by such Debt Relief Court and if it appears to him-23. Exemption from payment of Court fees and process fees in proceedings under this Act.
- Notwithstanding anything contained in the Court-fees Act, 1970 (VII of 1870), no court fees or process-fee shall be payable in respect of any proceeding under this Act.24. Court to issue discharge certificate.
- On an application made by the debtor or the Debt Relief Inspector in this behalf, the Debt Relief Court may, after making such enquiry as it may deem fit, issue a certificate of discharge in such form as may be prescribed in respect of any debt which stood discharged or deemed to have been discharged under this Act:Provided that no such certificate shall be issued unless-25. Bar of suits or other legal proceedings.
- No suit or other legal proceedings shall be instituted against the Government or the Collector or the Revenue Officer authorised by the Collector in respect of anything done in dealing with any instalments paid by a debtor under sub-section (1) of Section 16, but nothing in this Act shall prevent any creditor entitled to recover such instalment from recovering from any person to whom it has been paid by the Collector or the Revenue Officer.26. Bar against jurisdiction of Courts in certain matter.
27. Limitation.
- In calculating the period of limitation for any suit filed in, or proceedings before Civil Court for the recovery of a debt which was the subject of any proceedings under this Act the time during which such proceeding had contained shall be excluded.28. Creditor not to accept any payment against a debt discharged.
29. Offence under Section 28 to be cognizable.
- Notwithstanding anything in the [Code of Criminal Procedure, 1898 (V of 1898)] [See now Code of Criminal Procedure, 1973 (2 of 1974).] an offence under section 28 shall be congnizable.30. Power to make rules.
31. Repeal.
- The Madhya Pradesh Anusuchit Jan Jati Rini Sahayat; Adhyadesh, 1966 (No. 20 of 1966) is hereby repealed.Fist Schedule[See sub-section (1) of Section 14]Rate of InterestSimple interest per cent per annum on.......| Secured Debt | Unsecured Debt |
| 4 ½ per cent | 6 per cent |
| [Part A] [Existing Second Schedule renumbered as 'Part A' by M.P. Act No. 33 of 1972.] | |
| If the debt was incurred on or before the 31st December, 1943 | 30 per cent |
| If the debt was incurred after the 31st December, 1943, but onor before the 31st December, 1947 | 20 per cent |
| If the debt was incurred after the 31st December, 1947, but onor before the 31st December, 1949 | 15 per cent |
| If the debt was incurred after the 31st December, 1949, but onor before the 31 December, 1954 | 10 per cent |
| If the debt was incurred after the 31st December, 1954, but onor before the 31 December, 1963 | 5 per cent |
| [Part B] [Inserted by M.P. Act No. 33 of 1972.] | |
| If the debt was incurred after the 31st December, 1945 | 30 per cent |
| If the debt was incurred after the 31st December, 1945, but onor before the 31st December, 1949 | 20 per cent |
| If the debt was incurred after the 31st December, 1949, but onor before the 31 December, 1951 | 15 per cent |
| If the debt was incurred after the 31st December, 1951, but onor before the 31 December, 1956 | 10 per cent |
| If the debt was incurred after the 31st December, 1956, but onor before the 31 December, 1965 | 5 per cent |