6. Debtors to apply for release of mortgaged property.
(1)(a)Every debtor referred to in clause (f) of sub-section (1) of section 4 shall make an application in such form and containing such particulars as may be prescribed to the Tahsildar having jurisdiction over the area within which such debtor ordinarily resides for an order releasing the mortgaged property and for the grant of a certificate of redemption.(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(ii)accompanied by a certificate from the prescribed authority as to the annual household income of such debtor.(c)Every such application shall be made [on or before the 30th day of June 1982] [This expression was substituted for the expression 'the 31st day of October 1981' by section 3(i)(b) of the Tamil Nadu Debt Relief (Amendment) Act, 1982 (Tamil Nadu Act 12 of 1982). Earlier, for the expressions 'after the expiry of seven months from the date of the commencement of this Act', 'the 31st day of January 1981', the expressions 'after the 31st day of January 1981', 'the 31st day of October 1981' by section 5(i)(b) of the Tamil Nadu Debt Relief (Amendment) Act, 1981 (Tamil Nadu Act 10 of 1981) and by section 3(i)(b) of the Tamil Nadu Debt Relief (Second Amendment) Act, 1981 (Tamil Nadu Act 48 of 1981), respectively.]:Provided that the Tahsildar may, in his discretion, allow further lime 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 31st day of July 1982] [This expression was substituted for the expression 'the 31st day of October 1981' by section 3(i)(b) of the Tamil Nadu Debt Relief (Amendment) Act, 1982(Tamil Nadu Act 12 of 1982).[Earlier, for the expression ' after the expiry of seven months from the date of the commencement of this Act', 'the 31st day of January 1981', the expression 'after the 31st day of January', ' the 31st day of October' by section 5(i)(b) of the Tamil Nadu Debt Relief (Amendment) Act 1981 (Tamil Nadu Act 10 of 1981) and by section 3(i)(b) of the Tamil Nadu Debt Relief (Second Amendment) Act, 1981 (Tamil Nadu 48 of 1981), respectively].(2)(a)On receipt of an application under sub-section (1), 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.(b)An order under this clause shall be communicated to the creditor concerned and the debtor within such period as may be prescribed.(3)(a)The Tahsildar shall, as soon as may be, [after the 31st day of july 1982] [This expression was substituted for the expression 'the 31st day of October 1981' by section 3(ii) of the Tamil Nadu Debt Relief (Amendment) Act 1982 (Tamil Nadu Act 12 of 1982)[Earlier for the expression 'after the expiry of seven months from the date of the commencement of this Act', 'the 31st day of January 1981', the expression 'after the 31st day of January 1981', 'the 31st day of October 1981' were substituted by section 5(ii) ofthe Tamil Nadu Debt Relief (Amendment)Act, 1981 (Tamil Nadu Act 10 of 1981) and by section 3(ii) of the Tamil Nadu Debt Relief (Second Amendment) Act 1981 (Tamil Nadu aCT 48 OF 1981, respectively)]], publish in such form and in such manner as may be prescribed a list of debtors .who have made applications under sub-section (1).(b)Where any debtor referred to in clause (f) of sub-section (1) of section 4 has not made any application in accordance with the provisions of, and within the time specified in, sub-section (1), then, such debtor shall not be entitled to relief under this Act.(4)Pending orders under sub-section (2), no creditor or the transferee of the creditor shall transfer or otherwise assign his interest in, or exercise his right of foreclosure in respect of, the property mortgaged by the debtor.(5)Where the mortgaged property has been transferred or any right therein has been assigned to any of the institutions referred to in clause (h) of section 12 by the creditor, the Tahsildar shall recover from the creditor such amount as is due to such institution in respect of the said mortgaged property, as if it were an arrear of land revenue, and shall pay the same to the said institution.
