THE M.P. ANUSUCHIT JATI TATHA ANUSUCHIT JAN JATI (RINISAHAYATA) ADHINIYAM, 1967
(No. 12 of 1967)
Received the assent of the President on the 2nd May. 1967, assent first published in the Madhya Pradesh Gazette, Extraordinary, on the 3rd May, 1967.
[An Act to make provision for the relief of indebtedness of members of Scheduled Castes and Schedule Tribes.]
Be it enacted by the Madhya Pradesh Legislature in the Eighteenth year of the Republic of India as follows :
1. Short title, extent and commencement. - (1) This Act may be called The Madhya Pradesh [Anusuchit Jati Tatha Anusuchit Jan Jati] (Rini Sahayata) Adhiniyam, 1967.
(2) It extends to the whole of Madhya Pradesh.
(3) [In its application to the member of the Scheduled Tribes, it] shall come into force-
(a) in the Scheduled Areas, on the date on which the Madhya Pradesh Scheduled Tribes Debt Relief Regulations, 1962, in force therein are repealed; and
(b) in other areas, at once.
[(4) In its application to the members of the Scheduled Castes, it shall come into force on such date as the State Government may, by notification appoint.]
Object & Reasons
Statement of Objects and Reasons. - Due to the limited resources for earning their livelihood, the members of the Scheduled Tribes have to borrow money to meet their necessities of life. It is observed that taking advantage of the social and economic backwardness of the members of the Schedule Tribes, the money-lenders lend money to them on exorbitant rates of interest with the result that the original debtor is unable to repay the loan in his life-time and the over-swelling amount of loan is passed on from generation to generation keeping the families concerned in perpetual bondage of the creditors.
2. In order to emancipate the members of the Scheduled Tribes from this unfortunate state of affairs and to relieve them of the heavy burden of their debts the Madhya Pradesh Scheduled Tribes Debt Relief Regulations, 1962 were made by the Governor. These Regulations, however, extend only to the Scheduled areas in the State. As the number of the members of the Scheduled Tribes residing outside the Scheduled Areas is also very large, it is necessary to enact a measure which would afford the necessary relief to them both within and without the Scheduled Areas in the State.
3. Looking to the plight of the members of the Scheduled Tribes even outside the Scheduled Areas, it was considered necessary to enact a measure for the aforesaid purpose by promulgation of an ordinance. The Madhya Pradesh Anusuchit Jan Jati Rini Sahayata Adhyadesh, 1966 (No. 20 of 1966) was accordingly promulgated. It is now proposed to replace the Ordinance by an Act of Legislature.
2. Definitions. - In this Act, unless the context otherwise requires-
[(1) "appointed date" means-
(i) in regard to members of Scheduled Castes the date appointed under sub-section (4) of Section 1; and
(ii) In regard to members of Scheduled Tribes.]
(a) in relation to the Scheduled areas, the date on which the Madhya Pradesh Scheduled Tribes Debt Relief Regulations, 1962 in force therein are repealed; and
(b) in relation to other area, the 15th March, 1967;
(2) "Bank" means a banking company as defined in Section 5 of the Banking Regulation Act, 1949 (X of 1949) and includes the State Bank of India constituted under the State Bank of India Act, 1955 (23 of 1955), a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959) and any other financial institution as the State Government may, by notification, specify in this behalf;
(3) "Creditor" means a person to whom a debt is owing and "debtor" means [a member of a Scheduled Caste or a Scheduled Tribe, as the case may be,] whom such debt is owed;
(4) "Debt" includes-
(i) all liabilities owing to a creditor in cash, or in kind secured or unsecured payable under a decree or order of a Civil Court or otherwise, and subsisting on the appointed date whether due or not due;
(ii) arrears of wages or salary subsisting on the appointed date;
(5) "Interest" includes the return to be made over and above the principal, whether the same is charged or sought to be recovered specifically by way of interest or otherwise and whether or not such interest is capitalized;
[(5-a) "Member of a Scheduled Caste" means a member of any caste, race or tribe or part of or group within a caste, race or tribe specified as Scheduled Caste with respect to the State of Madhya Pradesh under Article 341 of the Constitution of India.]
(6) "Member of a Scheduled Tribe" means a member of any tribe, tribal community or part of or group within a tribe or tribal community specified as such with respect to the State of Madhya Pradesh under Article 342 of the Constitution of India.
(7) "Principal" means the actual advance made to a debtor whether in cash or kind;
(8) "Regulations" means the Madhya Pradesh Scheduled Tribes Debt Relief Regulations, 1962;
(9) "Scheduled Area" means any area declared to be Scheduled Area within the State of Madhya Pradesh under paragraph 6 of the Fifth Schedule to the Constitution of India;
(10) "Secured Debt" means a debt subsisting on the appointed date, whether due or not due, and secured by mortgage of or charge on the immovable property or by pawn or pledge of movable property of the debtor;
(11) The words and expressions used in this Act but not defined shall have the meaning assigned to them in the Code of Civil Procedure, 1908 (V of 1908).
3. Bar of application and saving. - When this Act comes into force in any Scheduled Area-
(a) nothing contained in this Act, shall-
(i) apply to debts including all liabilities owing to any person in cash or kind, secured or unsecured, payable under decree or order of a Civil Court or otherwise whether due or not due and arrears of wages or salary, where such debts, liabilities or arrears were not subsisting on the appointed date;
(ii) revive the claim of any credit or which was discharged in accordance with the provisions of the Regulations and was not subsequently revived in accordance with the said provisions;
(b) all things done and all actions taken under the Regulations in such area shall be deemed to have been done or taken under the relevant provisions of this Act, as if those provisions were in force on the date on which such things were done or actions were taken.
4. Establishment of Debt Relief Courts. - (1) The State Government may, by notification, establish such number of Debt Relief Courts in the State as it may deem fit to establish.
(2) The State Government shall appoint a Revenue Officer not below the rank of a Deputy Collector to be the presiding officer of a Debt Relief Court.
(3) The Debt Relief Court shall have such territorial jurisdiction as may be specified in the notification under sub-section (1).
5. Debt Relief Inspectors. - (1) The State Government may, by notification, appoint as many persons as it thinks fit to be Debt Relief Inspectors.
(2) A Debt Relief Inspector appointed under sub-section (1) shall exercise jurisdiction within such local area or areas as may, from time to time, be assigned to him by the State Government.
(3) A Debt Relief Inspector shall exercise such powers and perform such functions as are conferred or imposed upon him by or under this Act.
6. Inapplicability of the Act in certain cases. - The provisions of this Act shall not apply to the claims due in respect of-
(a) any liability in respect of any sum due to any co-operative society registered under any law relating to the Co-operative Societies for the time being in force;
(b) land revenue or any sum recoverable as an arrear of land revenue;
(c) tax, toll, rates, cess, fees or any other duty payable to Government or a local authority under any enactment for the time being in force;
(d) such amount as may be found due to an assignee of proprietary rights of a tenant on account of rent at rates approved by the Government.
(e) any liability arising out of a breach of trust;
(f) any liability due to a bank, or any corporation incorporated under any law for the time being in force which provides credit facilities [to members of the Scheduled Castes or Scheduled Tribes, as the case may be];
(g) any liability of a guardian arising out of misapplication or misappropriation of the property of his ward;
(h) any liability in respect of maintenance whether under decree of Court or otherwise;
(i) any money for the recovery of which a suit is barred by limitation.
7. Consequences which shall ensue on coming into force of the Act. - (1) As from the appointed date, the following consequences shall ensue, namely:
(i) No Civil Court having jurisdiction shall entertain any suit or proceeding against a debtor for the recovery of his debt;
(ii) All proceedings in execution of any decree for money or proceeding for making final any preliminary decree for foreclosure or sale or proceedings in execution of any final decree for sale against a debtor for the recovery of his debt shall stand withdrawn and all property of a debtor under attachment in any such proceeding shall forthwith be released;
(iii) Every debtor in detention in a civil prison in execution of any decree for money passed against him by a Civil Court in respect of a debt shall forthwith be released.
(2) If, on the appointed date any suit or proceeding of the nature specified in sub-section (1) is pending before any such Civil Court, the Civil Court shall issue a direction to the plaintiff to submit the claim in respect of such debt before the Debt Relief Court having jurisdiction over the area within a period not exceeding sixty days as may be specified in such direction.
(3) If the plaintiff fails to comply with the direction of the Court under sub-section (2) within the period specified by it, the suit or proceeding, as the case may be, shall stand dismissed and every claim contained therein shall be deemed for all purposes and all occasions, to have been discharged as against the debtor :
Provided that if the plaintiff files a statement of claim within a further period of thirty days from the date of the expiry of the period specified in the direction issued under sub-section (2) and satisfies the Court that he was for good and sufficient cause unable to submit the same within the period specified in the order, the Court may, on such terms and conditions as it may deem fit revive the claim.
8. Application by Creditor to Debt Relief Court. - (1) As from the appointed date, every creditor shall file a separate application in respect of each of his debtor praying for the determination of the debts due to him along with three spare copies thereof before such Debt Relief Court as may be specified by the State Government by notification in this behalf.
(2) The application under sub-section (1) may be filed in person or by duly authorised agent or by registered post acknowledgement due. Such application shall contain the particulars specified in sub-section (7) and shall notwithstanding anything contained in the Limitation Act, 1963 (6 of 1963), be filed within sixty days of the establishment of the Debt Relief Court concerned :
Provided that in any Scheduled Area where a Debt Relief Court was established before the appointed date, the period of sixty days for filing application in respect of debts which have come into existence during the period between the date of commencement of the Regulations and the appointed date, shall be counted from the appointed date :
[Provided further that in any area where a Debt Relief Court was established before the date appointed under sub-section (4) of Section 1, the period of sixty days for filing application in respect of debts owed by a member of Scheduled Caste shall be counted from the aforesaid date.]
(3) Notwithstanding the provisions of sub-sections (1) and (2), a debtor may apply to the Debt Relief Court within whose jurisdiction he owns land, ordinarily resides or earns his livelihood within sixty days of the establishment of the said Court, for the determination of the establishment of the said Court, for the determination of his debts giving out the names and full addresses of all his creditors and on receipt of such application the Court shall issue notice in the prescribed form to each creditor named therein that in case he failed to submit an application as required by sub-section (1) in respect of the said debtor within thirty days from the date of the notice, all debts due to him from the said debtor shall stand discharged :
[Provided that in any area where a Debt Relief Court was established before the date appointed under sub-section (4) of Section 1, the period of sixty days for filing an application by a debtor belonging to Scheduled Caste shall be counted from the aforesaid date.]
(4) Every claim of a creditor against his debtor which is not submitted within the time specified in sub-section (2) or sub-section (3) shall be deemed for all purposes and all occasions to have been discharged against the debtor:
Provided that if a creditor files an application within a further period of thirty days from the date on which [the period of sixty days specified in sub-section (3)], had expired and satisfies the Debt Relief Court that he was for good and sufficient cause unable to file the same within the period specified, the Court may on such terms and conditions as it may deem fit, revive the claim.
(5) Every creditor shall, along with the application filed under sub-section (1) produce the documents in his possession or control on which he bases his claim and a full and true statement of accounts of all previous transactions between him and his debtor leading to the claim and his account books or copies thereof, if any, in his possession or control :
Provided that where in a claim pending before the Debt Relief Court on the appointed date in a Scheduled Area the creditor has not produced the aforesaid documents alongwith his application for determination of debt, he may, within the period of fifteen days from such date, or within such further period as the Court may allow, produce such documents.
(6) If any creditor fails to produce the documents, statement of accounts, his account books or copies thereof in accordance with the provisions of sub-section (5), the Debt Relief Court may dismiss the application and declare such claims to be discharged for all purposes and all occasions against such debtor.
[(6-A) Whenever claim of creditor shall be deemed to have been or is discharged under sub-section (4), or sub-section (6), as the case may be the Debt Relief Court shall, in case the debt is secured by mortgage of or charge upon any immovable property of a debtor or by pawn or pledge of any movable property of the debtor, pass an order against the creditor for redelivery of immovable property or, as the case may be, for return of movable property pawned or pledged, and if for any reason the security is lost or deteriorates or is destroyed, for payment to debtor of money value thereof and the said Court, shall, without prejudice to exercise of any power under Section 11 be entitled to pass such other incidental orders, including an order for payment of mesne profits, reasonable interest and costs, as it may having regard to the circumstances of the case, deem fit.]
(7) Every application to be submitted to a Debt Relief Court under sub-section (2) shall contain the following particulars and shall be signed and verified by the creditor in accordance with Order VI, Rule 15 of the Code of Civil Procedure, 1908 (V of 1908)-
(a) a statement that the debtor is a member of Scheduled Caste or Scheduled Tribe, as the case may be, and the creditor intends to apply to the Debt Relief Court for his debts against him;
(b) the place where he had and the debtors own, land, ordinarily reside or reside or earn their livelihood, carry on business or personally work for gain;
(c) a statement of all claims outstanding against the debtor including those under Section 6 as nearly as may be ascertainable;
(d) such other particulars as may be prescribed.
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,] 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-
(i) pass an order fixing a date of hearing;
(ii) cause notice of the date of hearing together with a copy of the application to be served on all the creditors of the debtor, and the debtor; and
(iii) cause copies of such notice and application to be affixed to the Court.
11. Application of Code of Civil Procedure to Debt Relief Court. - (1) The Debt Relief Court, in regard to proceedings under this Act shall so far as is practicable have the same powers and shall follow the same procedure as it would have and if it were a Court of original and civil Jurisdiction and subject to the provisions of this Act shall have the same powers as are vested in Civil Court under the Code of Civil Procedure, 1908 (V of 1908), when trying a suit and in particular in respect of the following matters namely :
(a) joining any necessary or proper parties;
(b) summoning and enforcing the attendance of any person and examining him on oath;
(c) compelling the production of documents;
(d) issuing commission for the examination of witnesses; and
(e) proof of facts by affidavits or oral evidence.
(2) Subject to the provisions of this Act, the Debt Relief Court may inspect any site or examine any witness on commission.
12. Appearance before Debt Relief Court. - (1) No legal practitioner shall appear, plead or act, on behalf of any party, in any proceeding before the Debt Relief Court.
(2) The parties to any proceeding before the Debt Relief Court shall appear either personally or with the permission of the Court, through any other person who shall be a relative, partner, or a servant of such party and duly authorised by it in writing in this behalf ;
Provided that the debtor may, with the permission of the Debt Relief Court, authorise or the Debt Relief Court may direct a Debt Relief Inspector to appear and act on behalf of the debtor in any proceedings before such 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. - (1) The Debt Relief Court shall, notwithstanding anything contained in any other enactment for the time being in force, reopen all transactions made [34 years before the last transaction or before the 1st January 1964 in relation to members of Scheduled Tribes and before the 1st January 1966 in relation to members of Scheduled Castes] whichever is earlier and, as far as may be, ascertained in respect of each debt the amount of principal actually paid to the debtor and the date on which it was originally advanced. It shall, notwithstanding the provisions of any agreement or law to the contrary, calculate the interest due in accordance with the rate specified in the First Schedule or such lower rate of interest as may have been agreed upon between parties. It shall also determine the amount of principal, if any, of each debt which would have remained unpaid if the calculation of interest had been made as herein provided :
Provided that where any sum is payable under a labour agreement or service bond, the Debt Relief Court shall, after equitable adjustment of the remuneration of the labour rendered by the debtor from the date of the agreement or bond, determine the debt due by the debtor.
Explanation. -
(a) "Labour agreement" or "service bond" means an agreement in writing or otherwise where in consideration for the performance of manual labour for a continuous period of one month by any person is included and includes an advance exceeding the equivalent of one month's fair and equitable remuneration made or to be made to such person or at his request to some one else and the interest, if any, on such advance.
[(b) "fair and equitable remuneration" means such amount as the State Government may, after taking into consideration the rates of wages prevailing at the relevant time in similar employment, by notification, fix.]
(2) Notwithstanding anything contained in any other enactment for the time being in force, no Debt Relief Court shall recognise any labour agreement or service bond entered into by a debtor after the appointed date.
(3) Where the principal was borrowed in cash with an agreement to repay it in kind, the Debt Relief Court shall, notwithstanding such agreement, agree to the debtor repaying the debt in cash, after deducting the value of all payments made by the debtor in kind at the rate, if any, stipulated in such agreement, or at the market rate prevailing at the time of each payment, whichever is higher.
[(4) If the Debt Relief Court finds that the loan was originally advanced to a member of Scheduled Tribe prior to 1st January, 1964 or to a member of Scheduled Caste prior to the 1st January, 1966 then it shall reduce the principal determined under sub-section (1) in accordance with Part A of the Second Schedule in respect of loans advanced to a member of Scheduled Tribe and in accordance with Part B of the said Schedule in respect of loans advanced to a member of Scheduled Caste.]
(5) Notwithstanding anything contained in any law for the time being in force, no Debt Relief Court shall, in respect of any debt to which this Act applies, award on account of arrears of interest a sum greater than the principal of the loan as determined under sub-section (1).
(6) If the Debt Relief Court finds that nothing is due to the creditor, it shall pass an order discharging the debt with costs.
(7) If the Debt Relief Court finds that the creditor has been paid in excess of the amount due to him by the debtor, it shall pass necessary order directing the creditor to refund the excess amount to the debtor in such manner as it may determine.
(8) If in the case of a secured loan, the Court is satisfied that the loan advanced on a pawned article has been paid in full and nothing is due to the creditor, it shall [pass an appropriate order under sub-section (8-A)].
[(8-A) The Court in all cases of secured loan under this section shall where it finds that nothing is due to the creditor, order him to redeliver possession of immovable property, or, as the case may be, to return movable property pawned or pledged, and if for any reason the security is lost, or deteriorates or is destroyed, to pay to the debtor such money value as he may be entitled therefore, and the said Court shall, without prejudice to exercise of any power under Section 11, be entitled to pass such other incidental orders, including an order for payment of mesne profits, reasonable interest and costs, as it may having regard to the circumstances of the case, deem fit].
(9) Nothing in this section shall be construed as empowering a Debt Relief Court to re-open any debt in respect of which a scheme of repayment has already been prepared by such a Court under the Regulations before the appointed date.
[14A. Debt Relief Court to pass further order in certain cases. - 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.
(2) In relation to final order of the Debt Relief Court passed on an application referred to in sub-section (1) the Collector may exercise revisional jurisdiction and the provisions of Section 22 shall apply mutatis mutandis to such proceedings in revision.]
15. Preparation of a scheme of repayment and transfer of debtor's property. - (1) When the amount due has been determined under Section 14, the Debt Relief Court shall, after taking into account liability of the debtor in respect of the claims referred to in Section 6, prepare a scheme of repayment of the debtor's debt.
(2) If the debtor has transferable property which he is willing to transfer to enable him to repay the whole or any part of sub-section (3), the Debt Relief Court may sanction such transfer on such conditions as it may think necessary to impose in order to safeguard the rights of the creditor including those to whom any liability under Section 6 is due and may grant such reasonable time as is necessary for the debtor to transfer such property :
Provided that when there is any mortgage, lien or charge upon the property, such sanction shall only be given upon terms which will ensure that such mortgage, lien or charge shall subsist to such extent as sufficient to safeguard the interest of the secured creditor :
Provided further that when a transfer has been agreed to before the Debt Relief Court by the parties to the proceedings, and either party fails to complete the transaction within a period of sixty days, the Court may take action, as far as may be, under Order XXI, Rule 32 of the Code of Civil Procedure, 1908 (V of 1908).
(3) No transfer shall be sanctioned-
(i) of land belonging to a debtor in favour of a person who is not a member of the Scheduled Tribe;
(ii) in respect of such personal property of the debtor as is exempt from attachment under Section 60 of the Code of Civil Procedure, 1908 (V 1908); and
(iii) in respect of standing crops.
(4) If after the transfer of property, if any, under sub-section (2), the debt as determined under Section 14, has not been satisfied, the Debt Relief Court shall fix instalments for the repayments of the remaining debt in such manner as may be prescribed and may in case of default order payment of simple interest at a rate not exceeding four per cent if the debt is unsecured and three per cent if it is secured :
Provided that in fixing instalments the Debt Relief Court shall have regard to the extent of the transferable property in the possession of the debtor, and his paying capacity to be determined in accordance with the rules made in this behalf.
16. Provisions governing payment of instalments. - (1) Every instalment shall be payable on or before the date fixed by the order of the Debt Relief Court and this may, at the option of the debtor be paid either to the Collector or to such other Revenue Officer as he may authorise in this behalf or to the creditor who shall pass a receipt therefor in such form as may be prescribed.
(2) When the land revenue or rent, as the case may be, is suspended or remitted, in whole or in part, in respect of any area the instalment payable by every debtor whose land is situate within such area, shall, whether such debtor is liable to pay land revenue under the Madhya Pradesh Land Revenue Code, 1959 (20 of 1959) in respect of such land, be suspended and shall become payable one year after the last of the remaining instalments. No interest shall be charged on such suspended instalments for the period it remains suspended.
17. Provisions when default made in payment of instalments. - (1) If any instalment is not paid on or before the due date, the creditor may apply, within eighteen months from the date of default to the Collector within whose jurisdiction the debtor owns land, ordinarily resides or earns his livelihood or to such officer Revenue Officer as may be appointed in this behalf by the State Government, for the recovery of such instalment as an arrear of land revenue, and thereupon the Collector or such other Revenue Officer shall recover such instalment as an arrear of land revenue.
(2) If the instalment or part thereof is irrecoverable, the Collector or other Revenue Officer may certify accordingly.
(3) If an instalment or part thereof is certified as irrecoverable under sub-section (2) or if two consecutive instalments remain in arrears, the Collector, on the application of the creditor shall pass an order that the order of the Debt Relief Court fixing instalments shall cease to have effect, and he may fix such smaller instalments for the remaining debt and in such manner as he thinks fit :
Provided that if an instalment or part thereof or if two consecutive instalments so fixed by the Collector again remain in arrears the balance remaining due shall be recoverable as if a decree and in case of a mortgage lien or charge, as if a final decree, had been passed by a Court of Civil jurisdiction.
(4) If an instalment is recoverable as an arrear of land revenue, the Collector, or other Revenue Officer shall, as far as may follow the procedure laid down for the time being in force, for the recovery of Government dues as arrears of land revenue.
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. - (1) No transfer of immovable property shall be valid if made by a debtor, in respect of whose debts proceedings are pending under Section 8 or Section 9 unless made with the sanction of the Debt Relief Court.
(2) Every transfer of immovable property made by a debtor in respect of whose debts a scheme has been prepared under sub-section (1) of Section 15, shall be void unless made with the sanction of the Collector within whose jurisdiction the debtor owns land, ordinarily resides or earns his livelihood. The Collector shall not sanction any transfer of such property unless he is satisfied that such transfer will not defeat the claims of any creditor the payment of whose claims has been ordered by such scheme.
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-
(i) that the order is contrary to law; or
(ii) that the Court has exercised a jurisdiction not vested in it by law or has failed to exercise a jurisdiction vested in it by law; or
(iii) that the instalments fixed under sub-section (4) of Section 15 is inequitable;
he may make such order in the case as he thinks fit and subject to such order as the Collector may pass under this section the order of the Debt Relief Court shall be final and no application for revision shall lie against the order of the Collector:
Provided that no order shall be varied or reversed unless notice has been served to the parties interested and opportunity given to them for being heard.
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-
(i) a reasonable opportunity has been given to the creditor to show cause against the issue of such a certificate; and
(ii) a period of ninety days has expired from the date of the constitution of the Court.
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. - (1) Subject to the provisions of Section 21 the jurisdiction of the Civil Courts and the Courts having jurisdiction under the Provincial Insolvency Act, 1920 (V of 1920), shall be barred in respect of-
(a) any matter pending before the Debt Relief Court;
(b) the claim for any debt which has been discharged or deemed to have been discharged under this Act;
(c) any debt the recovery of which is included in any scheme under sub-section (1) of Section 15 for the time being in force and any order of the Debt Relief Court under sub-section (2) and (4) of that section and under Section 23; and
(d) any order of the Collector under Section 18.
(2) Nothing hereinbefore contained shall prevent a Court which has stayed proceedings under the provisions of this Act from resuming them and passing such orders in regard to them as are not inconsistent with this Act.
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. - (1) No creditor shall accept any payment against any claim for a debt which has been discharged or deemed to have been discharged under this Act.
(2) Whoever contravenes the provisions of sub-section (1) shall be punished with imprisonment which may extend to six months or fine which may extend to one thousand rupees or with both.
(3) The Court convicting any person under sub-section (1) may in addition to the fine, direct such person to deposit the amount so accepted in the Court within a period to be specified in the order for being refunded to the debtor.
29. Offence under Section 28 to be cognizable. - Notwithstanding anything in the [Code of Criminal Procedure, 1898 (V of 1898)] an offence under section 28 shall be congnizable.
30. Power to make rules. - (1) The State Government may make rules for carrying out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for :-
(a) any matter which is required to be prescribed under this Act;
(b) prescribing duties and functions of Debt Relief Inspectors;
(c) prescribing the scales of diet money and travelling allowances to be paid to witnesses;
(d) prescribing the charges to be made by the Debt Relief Courts for anything done under this Act and the persons by whom and the manner in which such charges shall be paid;
(e) prescribing the procedure to be followed by the Collector or other Revenue Officer in dealing with the instalment paid to him under sub-section (1) of Section 16;
(f) prescribing the records to be kept and the returns to be made by Debt Relief Courts;
(g) prescribing the jurisdiction of Debt Relief Courts;
(h) determining the paying capacity of a debtor;
(i) prescribing the procedure for recording oral evidence in proceedings under this Act;
(j) generally for carrying into effect the purpose of this Act.
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 Interest
Simple interest per cent per annum on.......
Secured Debt Unsecured Debt
4 ½ per cent 6 per cent
Second Schedule
[See sub-section (4) of Section 14]
[Part A]
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 on or before the 31st December, 1947 20 per cent
If the debt was incurred after the 31st December, 1947, but on or before the 31st December, 1949 15 per cent
If the debt was incurred after the 31st December, 1949, but on or before the 31 December, 1954 10 per cent
If the debt was incurred after the 31st December, 1954, but on or before the 31 December, 1963 5 per cent
[Part B]
If the debt was incurred after the 31st December, 1945 30 per cent
If the debt was incurred after the 31st December, 1945, but on or before the 31st December, 1949 20 per cent
If the debt was incurred after the 31st December, 1949, but on or before the 31 December, 1951 15 per cent
If the debt was incurred after the 31st December, 1951, but on or before the 31 December, 1956 10 per cent
If the debt was incurred after the 31st December, 1956, but on or before the 31 December, 1965 5 per cent
Notifications
(i) Notification No. 16-4-73 XXV-II, dated 30th June, 1973, published in M.P. Rajpatra Part I, dated 20-7-73, page 976. - In exercise of the powers conferred by sub-section (4) of Section 1 of the Madhya Pradesh Anusuchit Jati Tatha Anusuchit Jan Jati Rini Sahayata Adhiniyam, 1967 (No. 12 of 1967) the State Government hereby appoints the 15th August, 1973 as the date on which the said Adhiniyam shall come into force in its application to the members of the Scheduled Castes.
(ii) Notification No. 1890-XXV-II-67, dated 20th March, 1967 - In exercise of the powers conferred by Section 4 of the Madhya Pradesh Anusuchit Jan Jati Rini Sahayata Adhyadesh, 1966 (20 of 1966) the State of Government hereby with effect from 1st April, 1967-
(i) establishes the Debt Relief Courts speified in column (3) of the schedule below which shall have the territorial jurisdiction as specified against them in the corresponding entries of column (4) thereof; and
(ii) appoints the Revenue Officers specified in the corresponding entries in column (5) of the said Schedule as the presiding officers of the Debt Relief Courts.
Schedule
S.No. District Debt Relief Courts Territorial jurisdiction Presiding Officers
(1) (2) (3) (4) (5)
Raipur Division
1. Raipur Mahasamund Mahasamund Tahsil Sub-Divisional Officer, Mahasamund
2. Raipur Gariaband Bindranawagarh Sub-Divisional Officer, Gariaband.
3. Raipur Dhamtari Dhamtari Tahsil Sub-Divisional Officer, Dhamtari
4. Durg Durg Durg Tahsil Sub-Divisional Officer, Durg
5. Durg Balod Balod Tahsil except Ambagarh Chowki, Aundhi, Koracha and Panabaras Jamindaries Sub-Divisional Officer, Balod
6. Bastar Jagdalpur (North Bastar) Jagdalpur and Kondagaon Tahsils except Narayanpur Tahsil Sub-Divisional Officer, Jagdalpur
7. Bastar Dantewara (South Bastar) Konta and Bijapur Tahsils except Dantewara Tahsil and Bhopalpatnam and Kutru Jamindaries in Bijapur Tahsil Sub-Divisional Officer, Dantewara.
8. Bastar Kanker Kanker and Bhanupratappur Tahsils Sub-Divisional Officer, Kanker
Bilaspur Division
9. Bilaspur Bilaspur Bilaspur Tahsil except Kenda Jamindari Sub-Divisional Officer, Bilaspur
10. Bilaspur Katghora Katghora Tahsil except Matin, Lapha, Uprora, Chhuri and Korba Jamindaries Sub-Divisional Officer, Korba.
11. Raigarh Raigarh Raigarh and Gharghoda Tahsils Sub-Divisional Officer, Raigarh
12. Raigarh Dharamjaigarh Dharamjaigarh Tahsil Sub-Divisional Officer, Dharamjaigarh
13. Raigarh Sarangarh Sarangarh Tahsil Sub-Divisional Officer, Sarangarh
14. Raigarh Jashpur Jashpur Tahsil except Khudia Jamindari Sub-Divisional Officer, Jashpurnagar
15. Surguja Ambikapur Ambikapur and Surajpur Tahsils Sub-Divisional Officer, Ambikapur
16. Surguja Ramanujganj Pal Tahsil except Balrampur R.I. Circle Sub-Divisional Officer, Ramanujganj
17. Surguja Baikunthpur Baikunthpur and Manendragarh Tahsil except Bharatpur (Changbhakar) Tahsil Sub-Divisional Officer, Baikunthpur
Jabalpur Division
18. Jabalpur Sihora Sihora Tahsil Sub-Divisional Officer, Sihora
19. Jabalpur Katni Katni Tahsil Sub-Divisional Officer, Katni
20. Jabalpur Patan Patan Tahsil Sub-Divisional Officer, Patan
21. Chhindwara Chhindwara Chhindwara Tahsil except Gorakghat, Bardagarh, Pagara, Almod and the portion of Pachmarhi Jagirs Sub-Divisional Officer, Chhindwara
22. Chhindwara Amarwara Amarwara Tahsil except Harai, Gorpani, Batkagarh and Sanpur Jagirs Sub-Divisional Officer, Amarwara
23. Chhindwara Sausar Sausar Tahsil Sub-Divisional Officer, Sausar
24. Narsimhapur Narsimhapur Narsimhapur Tahsil Sub-Divisional Officer, Narsimhapur
25. Seoni Seoni Seoni Tahsil Sub-Divisional Officer, Seoni
26. Seoni Lakhnadon Lakhnadon Tahsil Sub-Divisional Officer, Lakhnadon
27. Mandla Mandla Mandla Tahsil Sub-Divisional Officer, Mandla
28. Mandla Dindori Dindori Tahsil except Bajag, Samanapur and R.I.Cs. Sub-Divisional Officer, Dindori
29. Mandla Niwas Karanjia, Niwas Tahsil Sub-Divisional Officer, Niwas
Rewa Division
30. Rewa Hazur Hazur Tahsil Sub-Divisional Officer, Rewa
31. Rewa Teonthar Teonthar Tahsil Sub-Divisional Officer, Rewa
32. Rewa Sirmaur Sirmaur Tahsil Sub-Divisional Officer, Rewa
33. Rewa Mauganj Mauganj Tahsil Sub-Divisional Officer, Rewa
34. Sidhi Gopadbanas Gopadbanas Tahsil Sub-Divisional Officer, Sidhi
35. Sidhi Deosar Deosar and Sigrauli Tahsils Sub-Divisional Officer, Sidhi
36. Satna Raghurajnagar Raghurajnagar Tahsil Sub-Divisional Officer, Satna
37. Satna Nagod-Maihar Nagod and Maihar Tahsils Sub-Divisional Officer, Satna
38. Satna Amarpatan Amarpatan Tahsil Sub-Divisional Officer, Satna
39. Panna Panna Panna Tahsil Sub-Divisional Officer, Panna
40. Panna Ajaigarh Ajaigarh Tahsil Sub-Divisional Officer, Panna
41. Panna Pawai Pawai Tahsil Sub-Divisional Officer, Panna
42. Chhatarpur Chhatarpur Chhatarpur Tahsil Sub-Divisional Officer, Chhatarpur
43. Chhatarpur Laundi Laundi Tahsil Sub-Divisional Officer, Chhatarpur
44. Chhatarpur Bijawar Bijawar Tahsil Sub-Divisional Officer, Chhatarpur
45. Tikamgarh Tikamgarh Niwari Tikamgarh and Niwari Tahsils Sub-Divisional Officer, Tikamgarh
46. Tikamgarh Jatara Jatara Tahsil Sub-Divisional Officer, Tikamgarh
47. Shahdol Bandhogarh Beohari Bandhogarh and Beohari Tahsils Sub-Divisional Officer, Shahdol
48. Shajidol Sohagpur, Pushparajagarh Sohagpur and Pushparajagarh Tahsils Sub-Divisional Officer, Shahdol
Indore Division
49. Indore Indore Mhow Indore and Mhow Tahsils Sub-Divisional Officer, Indore
50. Indore Sawer Depalpur Sawer and Depalpur Tahsils Sub-Divisional Officer, Indore
51. Ratlam Ratlam Ratlam Tahsil except Sailana Tahsil Sub-Divisional Officer, Ratlam
52. Ratlam Jaora-Alote Jaora and Alote Tahsils Sub-Divisional Officer, Jaora
53. Ujjain Ujjain Ujjain Tahsil Sub-Divisional Officer, Ujjain
54. Ujjain Mahidpur Tarana Mahidpur and Tarana Tahsils Sub-Divisional Officer, Ujjain
55. Ujjain Badnagar Khachrod Badnagar and Khachrod Tahsils Sub-Divisional Officer, Ujjain
56. Mandsaur Mandsaur Mandsaur and Sitamau Tahsils Sub-Divisional Officer, Mandsaur
57. Mandsaur Neemuch Neemuch, Jawad Malhargarh and Manasa Tahsils Sub-Divisional Officer, Neemuch
58. Mandsaur Garoth Bhanpura and Garoth Tahsils Sub-Divisional Officer, Garoth
59. Dewas Dewas Sonkatch Dewas and Sonkatch Tahsils Sub-Divisional Officer, Dewas
60. Dewas Kannod Bagli, Kannod and Khategaon Tahsil Sub-Divisional Officer, Kannod
61. Dhar Dhar, Badnawar, Sardarpur Badnawar Tahsil except Dhar and Sardarpur Tahsils Sub-Divisional Officer, Dhar
62. West Nimar (Khargone) Mandleshwar Kasarawad and Barwani Tahsils except Mandleshwar Tahsil Sub-Divisional Officer, Mandleshwar
63. East Nimar Harsud Harsud Tahsil Sub-Divisional Officer, Harsud.
Gwalior Division
64. Gwalior Gwalior Gird Tahsil Sub-Divisional Officer, Gwalior
65. Gwalior Pichhore Pichhore Tahsil Sub-Divisional Officer, Gwalior
66. Gwalior Bhander Bhander Tahsil Sub-Divisional Officer, Gwalior
67. Bhind Bhind Bhind Tahsil Sub-Divisional Officer, Bhind
68. Bhind Lahar-Gohad Lahar and Gohad Tahsils Sub-Divisional Officer, Bhind
69. Bhind Mehgaon Mehgaon Tahsil Sub-Divisional Officer, Bhind
70. Morena Morena Ambah Morena and Ambah Tahsils Sub-Divisional Officer, Morena
71. Morena Jora-Sabalgarh Jora and Sabalgarh Tahsils Sub-Divisional Officer, Morena
72. Morena Sheopur Bijaipur and Sheopur Tahsils Sub-Divisional Officer, Sheopur
73. Shivpuri Shivpuri Karera Pichhore Shivpuri, Karera and Pichhore Tahsils Sub-Divisional Officer, Shivpuri
74. Shivpuri Kolaras Pohri Pohri and Kolaras Tahsils Sub-Divisional Officer, Shivpuri
75. Guna Guna Chachoda, Raghogarh and Guna Tahsils Sub-Divisional Officer, Guna
76. Guna Ashoknagar Ashoknagar and Mungaoli Tahsils Sub-Divisional Officer, Ashoknagar
77. Datia Datia Datia and Seondha Tahsils Sub-Divisional Officer, Datia
Bhopal Division
78. Sehore Sehore, Ashta, Ichhawar Ashta, Ichhawar and Sehore Tahsils Sub-Divisional Officer, Sehore
79. Sehore Budhni, Berasia, Nasrullahganj Budhni, Berasia and Nasrullahganj Tahsils Sub-Divisional Officer, Sehore
80. Bhopal Bhopal Hazur Tahsil Sub-Divisional Officer, Bhopal
81. Raisen Raisen Begumganj, Raisen, Silwani and Ghairatganj Tahsils Sub-Divisional Officer, Raisen
82. Raisen Bareli Udaipura, Bareli and Goharganj Tahsils Sub-Divisional Officer, Bareli
83. Vidisha Kurwai Kurwai Tahsil Sub-Divisional Officer, Vidisha
84. Vidisha Basoda Basoda Sub-Divisional Officer, Vidisha
85. Vidisha Vidisha Vidisha Tahsil Sub-Divisional Officer, Vidisha
86. Vidisha Sironj Sironj Tahsil Sub-Divisional Officer, Sironj
87. Vidisha Lateri Lateri Tahsil Sub-Divisional Officer, Sironj
88. Hoshangabad Hoshangabad Hoshangabad Tahsil Sub-Divisional Officer, Hoshangabad
89. Hoshangabad Sohagpur Sohagpur Tahsil Sub-Divisional Officer, Sohagpur
90. Betul Betul Betul Tahsil Sub-Divisional Officer, Betul
91. Rajgarh Rajgarh Khilchipur, Rajgarh and Biaora Tahsils Sub-Divisional Officer, Rajgarh
92. Rajgarh Narsinghgarh Narsinghgarh and Sarangpur Tahsils Sub-Divisional Officer, Narsinghgarh
93. Shujalpur Shujalpur Shujalpur Tahsil Sub-Divisional Officer, Shujalpur
94. Shujalpur Shujalpur Shujalpur Tahsil Sub-Divisional Officer, Shujalpur
95. Shujalpur Agar, Susner Agar and Susner Tahsils Sub-Divisional Officer, Shujalpur
(iii) Notification No. 14556-3709-XXVI-I-68, dated 19th December, 1968, published in M.P. Rajpatra, Part I, dated 6-6-69, page 1013. - In exercise of the powers conferred by Section 4 of the Madhya Pradesh Anusuchit Jati Tatha Anusuchit Jan Jati Rini Sahayata Adhiniyam, 1967 (No. 12 of 1967) the State Government hereby with effect from 1st January, 1969-
(i) establishes the Debt Relief Court specified in column (3) of the schedule below which shall have the territorial jurisdiction as specified against it in the corresponding entry in column (4) thereof; and
(ii) appoints the Revenue Officer, specified in the corresponding entry in column (5) of the said schedule as the Presiding Officer of the said Debt Relief Court:
Schedule
S. No. District Debt Relief Courts Territorial jurisdiction Presiding Officers
(1) (2) (3) (4) (5)
1. Narsimhapur Gadarwara Gadarwara Tahsil Sub-Divisional Officer
(iv) Notification No. 330-3859-XXV-II-R-67, dated 15th January, 1968, published in M.P. Rajpatra, Part I, dated 8-3-68, page 347. - In exercise of the powers conferred by section 4 of the Madhya Pradesh Anusuchit Jati Tatha Anusuchit Jan Jati Rini Sahayata Adhiniyam, 1967 (No. 12 of 1967) the State Government hereby makes the following amendments in this Department Notification No. 8930-3350-3187-XXV-Gazette 11-66, dated the 26th October, 1966 namely :
Amendment
In column 3 of the schedule below the said notification against serial numbers 1 and 2 for the existing entries, the following entries shall be substituted, namely :
1. Deputy Collector deputed in the District for the purpose.
2. Deputy Collector posted in the District for the purpose.
(v) Notification No. 3076-1072-XXV-II-67, dated 2nd May, 1967, published in M.P. Rajpatra, Part I, dated 19-5-67, page 361 - In exercise of the powers conferred by sub-sections (1) and (2) of Section 5 of the Madhya Pradesh Anusuchit Jan Jati Rini Sahayata Adhyadesh, 1966 (No. 20 of 1966) the State Government hereby appoints the persons specified in column (1) of the schedule below to be the Debt Relief Inspectors and assigns to them the local area specified against them in column (2) of the said Schedule within which such persons shall exercise jurisdiction :
Schedule
Persons Local Area
1. Shri R.K. Shrivastava Mahasamund Tahsil
2. Shri C.B. Arya Bindranawagarh Tahsil, Dhamtari Tahsil
3. Shri B.B. Tiwari Durg Tahsil
4. Shri P.S. Pashinary Balod Tahsil
5. Shri K.K. Tewari Jagdalpur Tahsil
6. Shri G.S. Shrivastava Kondagaon Tahsil
7. Shri V.K. Verma Narainpur Tahsil
8. Shri T.S. Lai Dantewra Tahsil
9. Shri A.S. Rarwar Konta Tahsil
10. Shri N. Singh Bijapur Tahsil
11. Shri M.D. Dube Kanker Tahsil
12. Shri Prakash Tewari Bhanupratappur Tahsil
13. Shri B.B. Tewari Bilaspur Tahsil
14. Shri S.S. Drade Katghora Tahsil
15. Shri S.P. Neema Raigarh Tahsil
16. Shri S.K. Chaturvedi Gharghoda Tahsil, Dharamjaigarh Tahsil
17. Shri Sitaram Uroan Jashpur Tahsil
18. Shri B.D. Deshmukh Ambikapur Tahsil
19. Shri R.N. Sharma Surajpur Tahsil
20. Shri A.C. Khatri Pal Tahsil
21. Shri G.N. Mehta Samri Tahsil
22. Shri B.M. Pandey Manendragarh Tahsil
23. Shri S.S. Gaur Chhindwara Tahsil
24. Shri D.D. Soni Sosar Tahsil
25. Shri G.S. Singh Lakhnadon Tahsil
26. Shri K.N. Srivastava Mandla Tahsil
27. Shri D.N. Singh Dindori Tahsil
28. Shri D.K. Srivastava Baihar Tahsil
29. Shri H.C. Mishra Deosar Tahsil, Gopadbanas Tahsil, Singrouli Tahsil
30. Shri R.S. Wickey Bandogarh Tahsil
31. Shri Sitaram Pushparajgarh Tahsil
32. Shri A.K. Solanki Ratlam Tahsil, Sailana Tahsil
33. Shri C.S. Chauhan Sardarpur Tahsil
34. Shri H.P. Tewari Manawar Tahsil
35. Shri G.C. Gupta Kukshi Tahsil
36. Shri Mohd. Amin Jhabua Tahsil
37. Shri V.K. Bhatnagar Alirajpur Tahsil, Jobat Tahsil
38. Shri P.C. Nigam Thandla Tahsil
39. Shri Aditya Kumar Petalwad Tahsil
40. Shri Ata Hussain Khargone Tahsil
41. Shri R.K. Yadav Barwani Tahsil
42. Shri J.N. Panwar Sendhwa Tahsil
43. Shri S.R. Pandey Harsud Tahsil
44. Shri Madan Pandey Sheopur Tahsil, Bijaipur Tahsil
45. Shri K.P. Shukla Betul Tahsil
40. Shri Stanilas Xess Bhainsdehi Tahsil.
(vi) Notification No. 6800-1694-XXV-II-67, dated 25th August, 1967, published in M.P. Rajpatra, Part I, dated 6-6-69, page 1012. - In exercise of the powers conferred by sub-sections (1) and (2) of Section 5 of the Madhya Pradesh Anusuchit Jan Jati Rini Sahayata Adhiniyam, 1967 (No. 12 of 1967), the State Government hereby appoints the persons specified in column (1) of the schedule below to be the Debt Relief Inspectors and assigns to them the local areas specified against them in column (2) of the said schedule within which such person shall exercise jurisdiction :
Schedule
Persons Local Area
1. Shri Balak Das Dhamtari (Raipur)
2. Shri S.K. Malviya Narsingpur
3. Shri A.P. Saxena Nivas (Mandla)
4. Shri P.C. Verma Amarwara (Chhindwara)
5. Shri L.K. Shukla Kanti-Marwara (Jabalpur)
6. Shri V.S. Chube Jobat (Jhabua)
(vii) Notification No. 16-3-(l)-73-l-XXV, dated 29th January, 1973 published in M.P. Gazette, Part I, dated 31-8-1973, pages 1208-1209. - In exercise of the powers conferred by Section 4 of the Madhya Pradesh Anusuchit Jan Jati Rim Sahayata Adhiniyam, 1967 (No. 12 of 1967), the State Government hereby makes the following amendments in this department Notification No. 8930-3350-3187-XXV-GAZ-11-66, dated the 26th October, 1966, namely :
Amendment
In the said notification, in the Schedule, for serial number 1, the following serial numbers shall be substituted, namely:
(1) (2) (3)
"1. Debt Relief Court, Jhabua Revenue Sub-Division, Jhabua Sub-Divisional Officer, Jhabua
1A. Debt Relief Court, Alirajpur Revenue Sub-Division, Alirajpur Sub-Divisional Officer, Alirajpur
IB. Debt Relief Court, Thandla, Petlawad Revenue Sub-Division Thandla Petlawad Sub-Divisional Officer, Petlawad
(viii) F No. 16-4-73-XXV-II, dated 10-8-73, published in M.P. Rajpatra, Part I, dated 10-8-73, p. 1136. - In exercise of the powers conferred by sub-sections (1), (2) and (3) of Section 4 of the Madhya Pradesh Anusuchit Jati latha Anusuchit Jan Jati Rini Sahayata Adhiniyam, 1967 (12 of 1967) the State Government hereby establishes Debt Relief Courts mentioned in column (3) of the Schedule below which shall have territorial jurisdictions as specified in column (4) thereof and appoints Revenue Officers specified in the corresponding entries in column (5) of the said Schedule as the presiding officers of the Debt Relief Courts.
Schedule
S.No. District Debt Relief Courts Territorial jurisdiction Presiding Officers
(1) (2) (3) (4) (5)
1. Raipur Baloda Bazar Baloda Bazar Tahsil Sub-Divisional Officer, Baloda Bazar
2. Raipur Raipur Raipur Tahsil Sub-Divisional Officer, Raipur
3. Durg Bemetara Bemetara Tahsil Sub-Divisional Officer, Bemetara
4. Rajnandgaon Rajnandgaon Rajnandgaon Tahsil Sub-Divisional Officer, Rajnandgaon
5. Rajnandgaon Khairagarh Khairagarh Tahsil Sub-Divisional Officer, Khairagarh
6. Rajnandgaon Kawardha Kawardha Tahsil Sub-Divisional Officer, Kawardha
7. Bilaspur Sakti Sakti Tahsil Sub-Divisional Officer, Sakti
8. Bilaspur Mungeli Mungeli Tahsil Sub-Divisional Officer, Mungeli
9. Bilaspur Janjgir Janjgir Tahsil Sub-Divisional Officer, Janjgir
10. Jabalpur Jabalpur Jabalpur Tahsil Sub-Divisional Officer, Jabalpur
11. Balaghat Waraseoni Waraseoni Tahsil Sub-Divisional Officer, Waraseoni
12. Sagar Sagar Sagar Tahsil Sub-Divisional Officer, Sagar
13. Sagar Khurai Khurai Tahsil Sub-Divisional Officer, Khurai
14. Sagar Rehli Rehli Tahsil Sub-Divisional Officer, Rehli
15. Sagar Banda Banda Tahsil Sub-Divisional Officer, Banda
16. Sagar Damoh Damoh Tahsil Sub-Divisional Officer, Damoh
17. Sagar Hatta Hatta Tahsil Sub-Divisional Officer, Hatta
18. Khandwa Khandwa Khandwa Tahsil Sub-Divisional Officer, Khandwa
19. Khandwa Burhanpur Burhanpur Tahsil Sub-Divisional Officer, Burhanpur
20. Hoshangabad Harda Harda Tahsil Sub-Divisional Officer, Harda
21. Betul Multai Multai Tahsil Sub-Divisional Officer, Multai
(ix) Notification No. 16-4-73-XXV-II-A, dated 10-8-73, published in M.P. Rajpatra, Part I, dated 10-8-73, page 1138. - In exercise of the powers conferred by sub-section (2) of Section 4 of the Madhya Pradesh Anusuchit Jati Tatha Anusuchit Jan Jati Rini Sahayata Adhiniyam, 1967 (12 of 1967), the State Government hereby appoints, in place of the Revenue Officers mentioned in column (2) of the Schedule below, the Officers mentioned in the corresponding entries in column (3) of the said Schedule to be the Presiding Officers of the Debt Relief Courts specified in the corresponding entries in column (4) of that Schedule and directs that the notifications previously issued relating to the Revenue Officers mentioned in column (2) of the said Schedule shall stand amended accordingly.
Schedule
S. No. Revenue Officers in whose place the officers have been appointed Revenue Officers appointed as Presiding Officers Debt Relief Courts
(1) (2) (3) (4)
1. Shri M. P. Chandoria Sub-Divisional Officer, Amarwara Amarwara
Sub-Divisional Officer, Chhindwara Chhindwara
Sub-Divisional Officer, Sausar Sausar
2. Shri M.S. Bisen Presiding Deputy Collector, Debt Relief Court, Seoni Seoni Lakhanadon
3. Shri L. L. Shrivastav Presiding Deputy Collector, Debt Relief Court, Satna Raghurajnagar
4. Shri M.D. Gupta Presiding Deputy Collector, Debt Relief Court, Shahdol Sohagpur Pushparajgarh
5. Shri G.B. Nevlekar Presiding Deputy Collector, Debt Relief Court, Shahdol Beohari Bandhogarh
6. Shri D R. Jotoomal Sub-Divisional Officer, Raisen Raisen
Sub-Divisional Officer, Bareli, Distt. Raisen Bareli
7. Shri M.P. Singh Sub-Divisional Officer, Guna Guna
Sub-Divisional Officer, Ashoknagar Distt. Guna Ashoknagar
Sub-Divisional Officer, Raghogarh, Chachoda District Guna Raghogarh, Chachoda
8. Shri B.L. Modi Presiding Deputy Collector, Debt Relief Court, Sidhi Gopad, Banas, Deosar, Singroli
9. Shri Mahapatra Presiding Deputy Collector, Debt Relief Court, Sidhi
10. Shri C.D. Jha Presiding Deputy Collector, Debt Relief Court, Rewa Rewa, Teonthar, Sirmaur Mauganj
11. Shri Rajvaidya Presiding Deputy Collector, Debt Relief Court, Khargone Khargone, Mandleshwar
(x) Notification No. 16-2-74-XX-2, dated 28-4-75, published in M.P. Rajpatra, Part I, dated 18-7-75, page 671. - In exercise of the powers conferred by sub-sections (2) and (3) of Section 4 of the Madhya Pradesh Anusuchit Jati Tatha Anusuchit Jan Jati Rini Sahayata Adhiniyam, 1967 (12 of 1967), the State Goernment declares the following Presiding Officers appointed vide order No. l(A)-285-73-l-XXV, dated 12-2-74 and F-l-A-285 (l)-73-l-25, dated 17-1-75 to be Presiding Officers of the Debt Relief Courts mentioned against their names in column No. 3 :
S.No. Division Debt Relief Courts Name of the Presiding Officer
(1) (2) (3) (4)
1. Jabalpur Chhindwara Distt.
1. Amarwara Tahsil Shri J.P. Mishra Headquarter, Amarwara
2. Sounser Shri L.R. Moharil, Headquarter, Sounser
2. Indore East Nimar (Khandwa)
1. Khandwa Tahsil Shri R.G. Singh
1. Burhanpur Tahsil
2. Harsud Tahsil Shri R.K. Burney
3. Bilaspur Raigarh Distt.
1. Raigarh Tashil Shri Narain Shanker Choubey, Headquarter, Raigarh.
2. Jashpur Tahsil
3. (Dharamjaigarh) Udaipur Tahsil
4. Gharghoda Tahsil
5. Sarangarh Tahsil
4. Bhopal Bhopal Distt.
1. Berasia Tahsil Shri Mohammed Aslam, Headquarter, Bhpoal
2. Huzur (Bhopal) Tahsil
(xi) Notification No. 16-2-74-XXV-2, dated 29-4-75, published in M.P. Rajpatra, Part I, dated 18-7-75, page 672. - In exercise of the powers conferred by sub-sections (2) and (3) of Section 4 of the Madhya Pradesh Anusuchit Jati Tatha Anusuchit Jan Jati Rini Sahayata Adhiniyam, 1967 (12 of 1967), the State Government declare Shri K. Rao, Deputy Collector as Presiding Officer in the Debt Relief Courts mentioned against his name in column (3) :
S.No. Division Debt Relief Courts Name of the Presiding Officer
(1) (2) (3) (4)
1. Jabalpur Chhindwara Distt. Chhindwara Tahsil Shri S.K. Rao, Deputy Collector, Headquarter Chhindwara
(xii) Notification No. 16-2-74-XXV-2, dated 30-4-75, published in M.P. Rajpatra, Part I, dated 18-7-75, page 673. - In exercise of the powers conferred by sub-sections (2) and (3) of Section 4 of the Madhya Pradesh Anusuchit Jati Tatha Anusuchit Jan Jati Rini Sahayata Adhiniyam, 1967 (12 of 1967), the State Government declares Deputy Collectors as Presiding Officers of the Debt Relief Courts mentioned against their names in column No. 3 :
S.No. Division Debt Relief Courts Name of the Presiding Officer
(1) (2) (3) (4)
1. Gwalior Distt. Guna
1. Guna Tahsil Sub-Divisional Officer, Guna.
2. Ashoknagar Tahsil Sub-Divisional Officer, Ashoknagar
3. Raghogarh Tahsil Sub-Divisional Officer, Raghogarh
4. Mungawali Tahsil Sub-Divisional Officer, Mungawali
5. Chachoda Tahsil Sub-Divisional Officer, Chachoda
(xiii) Notification No. F. 16-6-72-XXV, dated 23-7-79, published in M.P. Rajpatra, Part I, dated 17-8-79, pages 1339-1340. - In exercise of the powers conferred by sub-section (2) and (3) of Section 4 of the Madhya Pradesh Anusuchit Jati Tatha Anusuchit Jan Jati Rini Sahayata Adhiniyam, 1967 (12 of 1967), the State Government declare Deputy Collectors as Presiding Officers in the Debt Relief Courts mentioned against their names in column No. 3 :
S.No. Division Debt Relief Courts Name of the Presiding Officer
(1) (2) (3) (4)
1. Rewa 1. Shahdol Tahsil Sohagpur Sub-Divisional Officer, Revenue, Sohagpur
2. Ujjain 2. Mandsaur Tahsil Sub-Divisional Officer, Revenue, Mandsaur
3. Manasa and Malhargarh Sub-Divisional Officer, Revenue Manasa
4. Neemuch Tahsil Jawad Sub-Divisional Officer Revenue, Neemuch
5. Garoth and Bhanpura Sub-Divisional Officer, Revenue, Garoth
6. Sitamau Tahsil Sub-Divisional Officer, Revenue, Sitamau
7. Ujjain, Khachrod, Mahidpur, Tarana, Badnagar Sub-Divisional Officer, Revenue, Ujjain, Khachrod, Mahidpur, Tarana and Badnagar
3. Ujjain Shajapur, Shujalpur, Agar, Susner Sub-Divisional Officer, Revenue, Shajapur, Shujalpur, Agar, Susner
4. Jabalpur Chhindwara, Amarwara, Sauser Sub-Divisional Officer, Revenue, Chhindwara, Amarwara and Sauser.
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