Bare ActsThe Odisha Debt Relief Act, 1980

Section 3

Amendment status not verified — confirm the current text below against the official source.

(1) Notwithstanding anything contained in any other Iaw for the,time being debt In force or in any contract or other i~stnrment having force of hw by virtue of - scheduled debtors a.d any such law, and save & othenvise 'expressly provided by section 5, every debt ,mq,, : Incurred by a, scheduled debtor, before the., commemment OF ,this Act including the of aiiount of interest, if any, payable or1 such debt shaU be deemed t o have been wholly such a- discharged, and- charge. . . (a) no such debt due from a scheduled debtor shaU be recoverable from him or from .any movable or immovable property helonging to him, nor shall any such property be liabIe:,.Lq be attached or sold or be proceeded against in, any manner in the execution of any decree or oder relating-to such':debt; . , (b) no Civil Court shall entertain any suit or proceedmg against a scheduled . debtor for the recovery of such debt or any portion thereof or any interest due thereon: I . . Provided that : where -a .' suit - or proceed in^ is instituted jointly against a schduled debt~r and any other person, n'othing in ihis clause, shall apply to the mantainability ,of. a ., suit or proceeding in, so far as it f elates to sUch I .: ' - *the? - , person'; . : . .::, ,+,- - - . , - .. . , . - .. . . . , >,![!:: , .:, ' - , r . .., - ' ,. r - 1 . I . , . ! (c) all suits ' and - proceeding5 (indading , appeals, revisions, procdbw . : . . - , . i n ex~ulipn i and: attachment), ; ;pgnding. on ,the &te :, of commencement of this Act for the recovery of,, aqhp,s~chbdebt or ihterest 'due . thereon , 'against a scheduled debtor shall abate: ~ '- ORISSA DEBT R E L W ACT, 1980 C Orisd Act 5 of 1981 ] Provided. that where .a suit or proceeding, is pending jointly aplnst schduled debtor-,' ,arid any other person it shall not abate in so fa as the ckdm against such other person is concerned: . . . -. , - .. . I.,. . - :. I , , m . . , provided further that if a sale in an exccution proceeding against a scheduled debtor has ,: been 'confirmed before the cocnmenoement of this Act, a proceeding to give effect' -to the sale shall be naithm barred nor shall it abate; (d) every scheduled debtor undergoing detention in a civil prison in execution of any decree for money passed against hiu by a Civil Court in r e s w of any ' such, debt shall be released ; and . , , , , , . , , . ., , , . . (e) eve y prdperty - pledged by a- scheduled deb tor shall on the commen&ment of thin Act, sbnd released in favour of such dcbtor, and the creditor , . shall be beyond to return the same to the debtor forthwith. - . . I . ' . . (2) Nothing in' this -s&db;n shall be'-'dnshed to cntilIe any schduled d=btot to refund . of any part, of a debt already , repaid by him or remvercd from him - . . - before the- commencement of - this ,Act;-!:, ,'- : . - .. Ammm

Section 3 – The Odisha Debt Relief Act, 1980 | DailyLaw.ai