Rule, 1975

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

THE KARNATAKA DEBT RELIEF RULES, 1975

CONTENTS

Rules Page No.

1. Title and commencement ………………….. …………………………………155

2. Definitions ………………….. ………………………………………………...155

(a) Form ………………….. ………………………………………………...155

(b) Ordinance ………………….. ……………………………………………..155

(c) Section ………………….. ………………………………………………...155

3. Other Particulars to be furnished………………….. …………………………..145

4. Service of Notice ………………………………………………………………156

5. Receipt for articles delivered by the creditor …………………………………. 156

6. Maintenance of register………………………………………………………...156 Forms ……………………………………………………………………..156-158 S.O.3736.- In exercise of the powers conferred by Section 6-A of the Karnataka Debt Relief Ordinance, 1975 (Karnataka Ordinance No.15 of 1975), the Government of Karnataka hereby makes the following rules, namely.-

(1) Title and commencement.- (1) These rules may be called the Karnataka Debt Relief Rules, 1975.

(2) they shall come into force at once.

(2) Definitions.- In these rules, unless the context otherwise requires.- “Form” means a form appended to these rules;

“Ordinance” means the Karnataka Debt Relief Ordinance, 1975; “Section” means a section of ordinance.

(3) Other Particulars to be furnished.- In addition to the particulars specified in sub- section (1) of Section 4-A, a creditor shall also furnish in the statement referred to in the said sub-section the estimated annual income of the debtor. The said statement shall be in Form 1.

(4) Service of Notice.- On receipt of the said statement, a notice shall be served on the debtor along with an extract of the statement relating to him, calling upon him to file his objections, if any, to the particulars relating to him in the statement The notice shall specify the date on or before which the objections should be filed. The Sub-Divisional Magistrate shall also intimate he creditor and the debtor the date, which shall not be earlier to the date specific in the notice, on which and the place at which a summary enquiry shall be held. Receipt for articles delivered by the creditor.- (1) in respect of every article delivered by the creditor in pursuance of an order made under sub-section (2) of the Section 4-A, the Sub- Divisional Magistrate, shall give a receipt in Form 2.

(2) A debtor shall, in respect of every article delivered to him by the Sub-Divisional Magistrate, give an acknowledgement in Form 3.

(5) Maintenance of register.- Every statement furnished by a creditor under sub-section (1) of Section 4-A shall be given a serial number in the order of its receipt. The Sub-Divisional Magistrate shall maintain the register in Form 4, in which he shall enter the particulars furnished in the statement, the gist of his orders, articles delivered by the creditor, articles delivered to the debtor and other particulars specified in the said Form.

FORM 1

[See Rule 3] Name of the Creditor …………..

Licence No. and date …………..

Sl.

No.

Name of the debtor and his full address Date of advance drawn on pledge Amount advanced Pawn Ticket No. Amount Amount outstanding on 21-10- Full description of the articles (weight to be noted in case of jewels) Estimate of the annual income of the debtor Principal Interest Total Descriptions Weight Value Date:

Signature of the Creditor Address of the Creditor

FORM 2

[See Rule 5(1)] Receipt for articles delivered by the creditor Date Received from ………….. this day ………. Of…….Month ……….Year. ………… articles described below in pursuance of Order No ….. dated ……. Of the sub-divisional Magistrate … under Section 4-A(2) of the Karnataka Debt Relief Ordinance, 1975. Seal of the office of the Signature Sub-divisional Magistrate Designation.

FORM 3

[See rule 5(2)] Acknowledgement by the Debtor I hereby acknowledge the receipt of the following articles:

(Here specify the description of the articles) Date:

Signature of Debtor and his Witness full address

FORM 4

[See rule 6] Register to be maintained by sub-divisional Magistrate.

Sl.

No.

Name of the Creditor and his full address Date of receipt of statement filled by the creditor under

Section 4-A Name of debtors shown in the statement Gist of the orders of sub- divisional Magistrate Description of the articles delivered Delivered by the creditor Delivered to the debtor