The UTTAR PRADESH DEBT RELIEF ACT, 1977
uttarakhand · 1977
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1Insertion by section 2 (b) of U
- S. 2Insertion by section 2 of U
- S. 3Substituted by section 10 ibid
- S. 4Added by section 4(d) ibid
- S. 5Section 5 discharges debts, preventing recovery or property attachment, barring civil court suits for debt recovery.
- S. 6Section 6 mandates creditors to report pledged movable property details to the Tahsildar and allows debtors to request return of pledged property.
- S. 7Section 7 makes Tahsildar's orders under section 6 final and non-appealable in courts.
- S. 8Section 8 allows appeals against certain orders by the Tahsildar or debt Settlement Officer, with final decisions by the appellate officer.
- S. 9(1) No interest shall accrue in respect of any debt payable by a debtor, after the commencement of this Act
- S. 10Section 10 halts debt recovery suits and proceedings against small farmers for debts incurred before the Act's commencement for one year.
- S. 11Section 11 releases small farmers detained for debt and prohibits their arrest for one year.
- S. 12The section allows the State Government to extend the relief period for small farmers by up to two additional years.
- S. 13The provisions of section 9 shall mutatis mutandis apply to a small farmer as they apply to a debtor
- S. 14Section 14 voids transfers of small farmers' property against whom execution proceedings are stayed, allowing creditors to challenge them if claims are defeated or delayed.
- S. 15Section excludes time when debt recovery proceedings are stayed for limitation period calculation.
- S. 16Section 16 authorizes the State Government to appoint Debt Settlement Officers to resolve debts between small farmers and creditors.
- S. 17Section 17 allows small farmers or their creditors to apply for debt determination within two years of the Act's commencement.
- S. 18Section 18 specifies the required details for a small farmer's debt relief application under the Uttar Pradesh Debt Relief Act, 1977.
- S. 19Section 19 determines the principal and interest on debts, with final decisions by the Debt Settlement Officer not appealable in civil courts.
- S. 20Section 20 limits small farmers' debt repayment to 20% of their previous year's agricultural produce value, spread over seven years.
- S. 21Section discharges debts exceeding a specified amount for small farmers and bars recovery of such debts.
- S. 22Section 22 prohibits civil courts from entertaining or executing debt suits against small farmers and abates pending suits.
- S. 23Section 23 allows aggrieved parties to appeal debt determination orders to an appellate officer, whose decision is final.
- S. 24Section 24 mandates that orders from the appellate officer and Debt Settlement Officer are to be executed by the Munsif as if they were court decrees.
- S. 25Section 25 exempts certain debts owed to specific government entities and financial institutions from the debt relief provisions of the Act.
- S. 26Section penalizes debt recovery violations, false statements, and document production, with imprisonment and fines for contraventions.
- S. 27Section 27 holds company officers liable for offenses committed by the company if they consented, connived, or neglected duties.
- S. 28Section 28 shifts the burden of proof to the creditor to show the debtor is ineligible for the Act's protection.
- S. 29Section 29 grants officers powers to summon, examine, and produce documents, deeming proceedings as judicial for penal code purposes.
- S. 30Section 30 makes decisions by the Tahsildar or Debt Settlement Officer final in debt-related disputes under the Act, barring appeals.
- S. 31Section 31 prohibits civil courts from questioning the validity of this Act's procedures or orders, injunctions against its proceedings, and appeals not under its provisions.
- S. 32No party to any proceeding under this Act shall be entitled to be represented by a legal practitioner
- S. 33The provisions of sections 4, 5 and 12 of the Limitation Act, 1963, shall apply to the proceedings under this Act
- S. 34Section 34 allows the State Government to issue orders to address difficulties in implementing the Act, but only within two years of its commencement.
- S. 35The State Government may, by notification, make rules for carrying the purposes of this Act
- S. 36Repeals previous debt relief acts for landless laborers and rural weaker sections in Uttar Pradesh, but preserves actions taken under them.