(1)A debtor referred to in clause (f) of section 4 may make an application to the Tahsildar having jurisdiction over the area within which such debtor ordinarily resides, for an order releasing the mortgaged properly and for the grant of a certificate of redemption:[Provided that no application shall be made under this sub-section after the 13th day of December 1979 and every application for an order releasing the mortgaged property and for the grant of a certificate of redemption shall be made in accordance with, and within the time specified in, sub-section (1-A)]. [Added by section 3(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.][(1-A) (a) Every debtor referred to in clause (f) of section 4 shall, notwithstanding anything contained in sub-section (1), 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.(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 house-hold 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(3)(i)(b) of the Tamil Nadu Pawnbrokers and Debt Relief laws (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.(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.(3)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.(4)Where the mortgaged property has been transferred or any right therein has been assigned to any of the institutions referred to in clause (g) of section 13 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.
