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The M.P. Anusuchit Jan Jati Rini Sahayata Niyam, 1967

Published vide Notification No. 2342-25-2-R-K-67, dated the 6th April, 1967, M.P. Rajpatra (Asadharan) dated 8-4-1967, p. 1382

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(a) "Code" means the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959);

(b) "form" means a form appended to these rules;

(c) "Adhiniyam" means the Madhya Pradesh Anusuchit Jan Jati Rini Sahayata Adhiniyam, 1967 (No. 12 of 1967).

(ii) The Court shall hold its sitting at such times as may be fixed from time to time by the Presiding Officer and may adjourn its proceedings for any period, if such adjournment is, in its opinion, necessary for the proper conduct of the proceedings.

Powers

(1) Every Debt Relief Inspector shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code (XLV of 1860).

(2) The debt Relief Inspector when ordered by the Court to appear and act on behalf of the debtor, can with the previous permission of the Court -enter any premises within his jurisdiction in which the creditor carries on his business or keeps his records, to inspect the books of accounts, records, files and documents [on which creditor has based his claims or which are connected with the debts mentioned by the debtor in his application filed under sub-section (3) of Section 8 and Section 24 of the Adhiniyam].

(3) The Debt Relief Inspector shall make an application on behalf of the debtor for issue of a discharge certificate; if so required before the Debt Relief Court in Form No. IV.

Duties

(1) The Debt Relief Inspector shall assist the debtors to file an application under sub-section (3) of Section 8 of the Adhiniyam before the Court for determination of his debts in Form No. III.

(2) The Debt Relief Inspector shall assist the debtor to present an application under Section 24 of the Adhyadesh in Form No. IV to the Court for issue of a discharge certificate.

(3) The Debt Relief Inspector shall bring all the cases of recovery by the creditors, made from the debtors, after the claims have been discharged or deemed to have been discharged or advise the debtors to bring such cases to the notice of the Police for such action as it deems fit under Sections 28 and 29 of the Adhiniyam. He shall submit a quarterly Progress Return to the Director, Tribal Welfare, Madhya Pradesh through the Collector of the District and will send a copy in advance to the Director, Tribal Welfare, Madhya Pradesh in Form IX, so as to reach the Director, Tribal Welfare, not later than the 15th January, 15th April, 15th July and 15th October.

(4) He shall maintain a liaison between the Presiding Officer of the Debt Relief Court and the tribal population of his jurisdiction.

(5) He shall inform the debtors about all the claims against them having been discharged for all purposes and all occasions.

(6) He shall keep in touch with the Debt Relief Court in his area and assist the Presiding Officer of the Court under his guidance.

(7) He shall undertake such spot inquiries as may be entrusted to him by the Court in connection with the particulars, furnished by the creditors or the claims put up by them.

(8) He shall collect information about the debts against the tribal debtors, which have not been applied for determination.

Functions

(1) The Debt Relief Inspector shall publicise the provisions of the Adhiniyam and the implications thereof, widely through the village agencies, such as Gram Panchayats, Adivasi Panchayats and the village officials.

(2) He shall enquire into the financial needs of the tribals, to the extent and for the purpose of their demand and the period during which such loans are usually taken.

(3) He shall collect information about the creditors in his area and details of the debts against the tribal debtors.

(4) He shall carry out a survey of the causes and extent of indebtedness amongst the tribals in his area.

(5) He shall enquire about the money-lending practices of the different agencies, other than the co-operatives operating in his area for advancing credit to the tribals, and bring them to the notice of the superior authorities concerned for suitable action.

(6) He shall supervise the working of the co-operative agencies such as Multipurpose Co-operative Societies and Forest Labour Co-operative Societies, Service Societies and Grain Golas in his area so far as the credits are advanced by them to the tribals for both productive and non-productive purpose and assist the tribals to take full advantage of such facilities.

(ii) The records of the proceedings of Debt Relief Court shall be deposited in the record room in district office in which the records of the Revenue Courts are deposited.

(8) Miscellaneous cases 3 years.]

(a) Register of Cases.

(b) Process Register.

(c) Diet Money Register.

(d) Inspection Book.

(e) Copying Fee Register.

(f) Receipt Book.

(g) Register of Contingent Expenditure.

(h) Any other register or books as may be specified by the State Government, from time to time.

(ii) The registers and books shall be maintained in the Forms prescribed for revenue cases and given in Revenue Book Circulars.

(ii) The Court shall also submit by the 15th of October every year, through the Collector, to the Government in Tribal Welfare Department with a copy to Director, Tribal Welfare, Madhya Pradesh a report on the difficulties experienced in working the Adhiniyam, the reactions of the tribals to the Adhiniyam, the interest taken by them to get their debts determined and amendments, if any, that appear to be necessary to the Adhiniyam or the rules made thereunder.

Form I

(See Rule 5)

Form of Application

The Debt Relief Court,
...................Tahsil

(a) The debtor, namely Shri.........is a member of the Scheduled Tribe belonging to.........Tribe

(b) The debtor resides at...............village and his occupation as far as known to me is.........

(c) The details of debts are as follows-

1. Amount advanced in cash with date of commencement and rate of interest.

2. Value of debt in case advanced in kind, with date of commencement and rate of interest.

3. Whether secured or not, if so, how with all particulars.

4. Amount advanced on mortgage of the debtor's property with date and rate of interest.

5. Is the property of the debtor mortgaged with possession? if so state the full particulars of the net income derived with years.

6. State the amount on account of principal and interest paid by the debtor with dates.

7. What was the interest agreed to be paid on secured and unsecured debts separately?

8. Was the debt on account of payment made to the debtor during the period of his service? if so give, details year wise.

9. In case the loan was in kind its value at the market rate prevalent of the date of advancement of loan should be stated.

10. Total amount of principal and interest due from the debtor on the date of application should be stated in detail.

11. Copies of the documents executed by the debtor and a full and true statement of accounts of all previous transactions between him and debtor, leading to the claim and his account books or copies thereof should be filed along with this application and details given here.

(d) Particulars of the property of the debtor are as follows :

(1) Immovable

(2) Movable

(e) Whether the applicant has made any previous application to any other Debt Relief Court established under the M.P. Scheduled Tribes Debt Relied Regulation, 1962. If so, state particulars including the orders, if any , passed or the stages of the case.

.........................
Signature of applicant

........................
Signature of applicant

Form II

(See Rule 16)

Form of Receipt

Signature of the Creditor.

Form III

(See Rules 5 and 6)

Form of Application

The Debt Relief Court
Tahsil

Under Section 8 (3) of the Madhya Pradesh Anusuchit Jan jati Rini Sahayata Adhiniyam, 1967, I..............son of........resident of.........village situated in.. Tahsil being a member of Scheduled Tribes belong to........Tribe beg to apply for determination of debts which I own to the following creditors :

2. This application is within 60 days from the date of establishment of the Court, the Court having been established on...............

3. I ordinarily reside and earn my livelihood and own land in village........Tahsil...........which is within the jurisdiction of this Court.

4. That the aforesaid creditors have not so far filed their claims before the Court for determination thereof.

Prayed therefore that the creditors may be noticed to file their claims in respect of my debts for determination thereof.

....................
Debtor-Applicant

Form IV

(See Rules 5 and 15)

The Debt Relief Court ........Tahsil
I beg to lay down as follows :

1. That Shri..........son of ....resident of...............village situated in........Tahsil is a member of the Scheduled Tribes belonging to........Tribes.

2. That the said person owns land, ordinarily resides or earns livelihood within the jurisdiction of this Court.

3. That he was said to have owned the following debts to the following creditors and the same have been discharged by the Court in Case No........of vide Court's order, dated..........

Or/and

That his creditors as mentioned below have failed to present their claims against...........before the Court for determination as required by Section 8 within the time limit prescribed thereunder and as such all their claims stand discharged for all purposes and all occasions against him.

4. That a period of 90 days have since expired from the date of the establishment of the Court.

It is, therefore, prayed that a discharge certificate under Section 24 of the Adhiniyam may kindly be issued in favour of Shri.................

..............

Applicant

Debt Relief Inspector on behalf of Shri.......

Note - Score out which is not applicable.

[Form IV-A]

(See Rule 12)

Notice under Rule 12 of the Madhya Pradesh Jan Jati Rini Sahayata Adhiniyam, 1967

In the Debt Relief Court of...........

Name of the creditor..................................son of.................Resident of village.............Tahsil.......district........

Whereas Shri.......................... resident of village................Tahsil.........district...........has applied to the Court for the determination of his debt and has named you as one of his creditors.

Now, therefore, you are hereby required to take notice that in case you fail to submit an application as required by sub-section (1) of Section 8 of the Madhya Pradesh Jan Jati Rini Sahayata Adhiniyam, 1967, for the determination of debts due to you in respect of the said debtor within [thirty] days from the date of this notice, all such debts due to you from the said debtor shall stand discharged.

Under the Seal of Debt Relief Court]

Form V

(See Rules 5, 15 and 16)

Form of certificate under Section 24 of Madhya Pradesh Anusuchit Jan Jati Rini Sahayata Adhiniyam, 1967

Or/and

................................
Presiding Officer Debt Relief Court
..............................Tahsil

Form VI

(See Rule 22 (i)]

Quarterly Progress Return for claims filed by the creditors under Section 8 (i) of the Adhiniyam for the quarter ending..................of the Debt Relief Court..............Tahsil............District

Form VII

[See Rule 22 (i)]

Quarterly Progress Return for Application filed by debtors under Section 8 (3) of the Adhiniyam for the quarter ending............of the Debt Relief Court.........Tahsil.........District........

Form VIII

[See Rule 22 (i)]

Quarterly Progress Return for applications filed by debtors under Section 24 of the Adhiniyam for quarter ending......................of the Debt Relief Court...............Tahsil............District

Note - This quarterly progress return is required to be submitted after the expiry of 90 days from the date of the establishment of Courts.

Form IX

[See Rule 5]

Quarterly Progress Return for cases reported to police under Section 28 of Adhiniyam for the quarter ending............of the Debt Relief Inspector.........Tahsil.........District........

Note - The Debt Relief Inspector is required to submit this return after the expiry of 90 days from the date of establishment of the Court.