THE UTTAR PRADESH DEBT RELIEF ACT, 19771

1977 · State unknown · central · act_text

Sections (48)

1 · . For Statement of Objects and Reasons, see Uttar Pradesh Gazette, Extraordinary, dated July 11, 1977.

2 · . Subs. and be deemed always to have been substituted by section 2 (a) of U. P. Act No. 2 of 1979.

1 · . Inserted and be deemed always to have been inserted by section 2 (b) of U. P. Act No. 2 of 1979.

1 · [Explanation IV–where a person has transferred any property before the commencement of this Act and any proceeding for the annulment of such transfer under the Provincial Insolvency Act, 1920 is pending on the date of such commencement, then the question whether the transferor is a marginal farmer or a small farmer shall be determined only after considering the final orders made in such proceedings. ]

3 · . It is hereby declared that the provisions of this Act are for giving effect to the policy of the State towards securing the principles specified in clauses (b) and (c) of Article 39 of the Constitution.

1 · . Inserted and be deemed always to have been inserted by section 2 (c) of U. P. Act No. 2 of 1979.

4 · Notwithstanding anything contained in any law for the time being in force or in any contract, decree or other instrument having force by virtue of any such law and save as otherwise expressly provided in this Act —

1 · [(b) every debt payable on the date of such commencement by a debtor whose annual household income exceeds two thousand and four hundred rupees shall be wholly discharged, if the debtor —

5 · Where any debt payable by debtor has been discharged under section 4, then, notwithstanding anything contained in any law for the time being in force or in any contract, decree or other instrument, the following consequences shall, with effect from the date of such discharge, ensue, namely —

2 · [ Provided that —

1 · . Subs. and be deemed always to have been substituted by section 3 of U. P. Act No. 2 of 1979.

2 · . Subs. and be deemed always to have been substituted by section 4 (a) ibid .

2 · [Provided further that the proviso to clause (b) shall mutatis mutandis apply to a suit or proceeding referred to in this clause as it applies to a suit or proceeding specified in that clause ; ]

6 · (1) Every creditor referred to in clause (e) of section 5 shall, within such period as may be prescribed, furnish to the Tahsildar having jurisdiction over the area where such creditor has his ordinary place of business, a statement in such form as may be prescribed containing the name of all the persons who have pledged movable property with him, the nature and description of such property, the amount advanced and due as on the commencement of this Act, the rate of interest and such other particulars as may be prescribed.

1 · . Subs. and be deemed always to have been subs. by sec. 4(a) of U.P. Act No. 2 of 1979.

2 · . Inserted and be deemed always to have been inserted by section 4 (b) of U. P. Act No. 2 of 1979.

3 · . Omitted by sec. 4 (a) ibid .

4 · . Inserted and be deemed always to have been inserted by sec. 4 (d) ibid .

1 · [6-A. (1) A debtor referred to in clause (f) section 5 may make an application to the Debt Settlement Officer 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.

1 · . Inserted by section 5 of U. P. Act No. 2 of 1979.

2 · . Subs. by Section 6 of U.P. Act no. 2 of 1979.

9 · (1) No interest shall accrue in respect of any debt payable by a debtor, after the commencement of this Act.

10 · (1) No suit for recovery of any debt or part thereof including interest thereon due from a small farmer on the date of commencement of this Act shall be instituted against him and every suit for such relief already pending shall remain stayed for a period of one year from the date of such commencement.

11 · (1) Every small farmer undergoing detention in a civil prison in execution of any decree or order in respect of a debt shall be released.

12 · The State Government may by notification extend the period of one year referred to in section 10 or section 11 by a further period 2[not exceeding two years].

13 · The provisions of section 9 shall mutatis mutandis apply to a small farmer as they apply to a debtor.

1 · . Omitted by section 7 of U. P. Act No. 2 of 1979.

2 · . Subs. by section 8 ibid .

19 · . (1) On receipt of the application under section 17, the Debt Settlement Officer shall, after giving an opportunity to the parties concerned to appear and be heard, determine in respect of the debt in question the amount of the principal and the amount of interest 2 [at the rate specified in sub-section (2) of section 9] up to the date of commencement of this Act.

5 · [(2) Every debt payable by a small farmer on the date of commencement of this Act in respect of which no application is made under section 17 shall, on the expiry of the period referred to in subsection (1) of that section and subject to the provisions of section 33, stand discharged and shall not be recoverable. ]

1 · . Subs. and be deemed always to have been substituted by section 11 of U. P. Act No. 2 of 1979.

2 · . Subs. and be deemed always to have been substituted by section 12 ibid .

3 · . Subs. by section 13 ibid .

4 · . Re -numbered by section 14 ibid .

5 · . Inserted by section 14 of U. P. Act No. 2 of 1979.

23 · (1) Any person aggrieved by an order determining the debt under section 19 may, within thirty days from the date of such determination, prefer an appeal in the prescribed manner to the appellate officer.

24 · Every order of the appellate officer under section 23, and subject thereto, every order of the Debt Settlement Officer determining a debt payable by a small farmer shall be executed by the Munsif having territorial jurisdiction as if it were a decree or order passed by that court.

25 · Nothing in this Act shall affect any debt or other liabilities (including any liability to pay interest) of a debtor or a small farmer falling under any of the following heads, namely —

1 · . Inserted and be deemed always to have been inserted by section 15 (a) of U. P. Act No. 2 of 1979.

1 · [(p) every liability incurred or arising under a chit conducted under any chit fund scheme ;

1 · . Inserted and be deemed always to have been inserted by section 15 (b) of U. P. Act No. 2 of 1979.

28 · In any suit or proceeding, the burden of proving that the debtor 1[or the small farmer] is not entitled to the protection of this Act shall, notwithstanding anything contained in any law for the time being in force lie on the creditor.

29 · (1) A Tahsildar or a Debt Settlement Officer or an Appellate Officer may exercise all such powers connected with the summoning and examining of parties and witnesses and with the production of documents 2[and consolidation of cases] as are conferred on a civil court by the Code of Civil Procedure, 1908.

30 · If any question arises in any proceeding under this Act whether a loan or liability is a debt or not or whether a person is a debtor or a small farmer or not, the decision of the Tahsildar or the Debt Settlement Officer, as the case may be, shall, subject to the result of an appeal under section 8 or section 23, be final, and shall not be called in question in any court.

31 · Notwithstanding anything contained in any law for the time being in force, no civil court shall entertain —

1 · . Inserted and be deemed always to have been inserted by section 16 of U. P. Act No. 2 of 1979.

2 · . Ins. by section 17 ibid .

1 · [Prohibition of appearance of legal practioners]

THE UTTAR PRADESH DEBT RELIEF ACT, 19771

Sections (48)

Subordinates (0)