THE GUJARAT RURAL DEBTORS' RELIEF ACT, 1976

{
    "id": 652,
    "slug": "the-gujarat-rural-debtors-relief-act-1976",
    "title": "THE GUJARAT RURAL DEBTORS' RELIEF ACT, 1976",
    "short_title": "The Gujarat Rural Debtors' Relief Act, 1976",
    "act_number": "35",
    "act_year": 1976,
    "act_type": "STATE",
    "location": "Gujarat",
    "law_status": "valid",
    "enactment_date": "1976-08-14",
    "description": "The Gujarat Rural Debtors' Relief Act, 1976",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "An ACT",
            "chapter": null,
            "content": "An Act to provide for relief from indebtedness to certain farmers, rural artisans and rural labourers in the State of Gujarat.\nIn exercise of the powers conferred by section 3 of the Gujarat State Legislature (Delegation of Powers) Act, 1976, the President is pleased to enact as follows:-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "1",
            "title": "Section 1. Short title, extent and commencement",
            "chapter": null,
            "content": "1. (1) This Act may be called the Gujarat Rural Debtors' Relief Act, 1976.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "1",
            "title": "Section 1(2)",
            "chapter": null,
            "content": "(2) It extends to the whole of the State of Gujarat.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "1",
            "title": "Section 1(3)",
            "chapter": null,
            "content": "(3) It shall come into force on such date as the State Government may, by notification in the Gujarat Government Gazette, appoint.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "2",
            "title": "Section 2. Definitions",
            "chapter": null,
            "content": "2. In this Act, unless the context otherwise requires,-",
            "footnote": "",
            "is_definition": true,
            "sort_order": 40
        },
        {
            "number": "2",
            "title": "Section 2(a)",
            "chapter": null,
            "content": "(a) \"agriculture\" includes horticulture, the raising of crops, grass or garden produce, the use by an agriculturist of the land held by him or part thereof for the grazing of his cattle, the use of any land, whether or not an appanage, to rice or paddy land, for the purpose of rabmanure, dairy farming, poultry farming, breeding of live stock, and the cutting of wood;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 50
        },
        {
            "number": "2",
            "title": "Section 2(b)",
            "chapter": null,
            "content": "(b) \"appointed day\" means the date on which this Act comes into force;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 60
        },
        {
            "number": "2",
            "title": "Section 2(c)",
            "chapter": null,
            "content": "(c) \"debt\" means any liability (inclusive of interest) which is due from a debtor in cash or kind, whether secured or unsecured, or whether payable under a decree or order of any Civil Court or otherwise, and subsisting on and legally recoverable on or after the appointed day;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 70
        },
        {
            "number": "2",
            "title": "Section 2(d)",
            "chapter": null,
            "content": "(d) \"debtor\" means a marginal farmer, a small farmer, a rural labourer, or a rural artisan, who on the appointed day is in debt;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 80
        },
        {
            "number": "2",
            "title": "Section 2(e)",
            "chapter": null,
            "content": "(e) \"farmer\" means a person who is engaged in agriculture;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 90
        },
        {
            "number": "2",
            "title": "Section 2(f)",
            "chapter": null,
            "content": "(f) \"land\" means land which is used or capable of being used for the purpose of agriculture and includes the sites of farm buildings appurtenant to such land;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 100
        },
        {
            "number": "2",
            "title": "Section 2(g)",
            "chapter": null,
            "content": "(g) \"marginal farmer\" means a person,--",
            "footnote": "",
            "is_definition": true,
            "sort_order": 110
        },
        {
            "number": "2",
            "title": "Section 2(g)(i)",
            "chapter": null,
            "content": "(i) who holds land in any of the villages specified in column 3 of the Schedule not exceeding.-",
            "footnote": "",
            "is_definition": true,
            "sort_order": 120
        },
        {
            "number": "2",
            "title": "Section 2(g)(i)(a)",
            "chapter": null,
            "content": "(a) the extent of land specified against such village in column 4 of the Schedule, if such person does not belong to a Scheduled Tribe;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 130
        },
        {
            "number": "2",
            "title": "Section 2(g)(i)(b)",
            "chapter": null,
            "content": "(b) twice the extent of land so specified, if such person belongs to a Scheduled Tribe, and",
            "footnote": "",
            "is_definition": true,
            "sort_order": 140
        },
        {
            "number": "2",
            "title": "Section 2(g)(ii)",
            "chapter": null,
            "content": "(ii) who earns his livelihood principally by cultivating such land;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 150
        },
        {
            "number": "2",
            "title": "Explanation 1 to Section 2(g)",
            "chapter": null,
            "content": "Explanation 1. Where a person holds irrigated land, whether exclusively or along with other non-irrigated land, the extent of land deemed to be held by him for the purpose of this clause so far as such irrigated land held by him is concerned shall be twice the extent of such irrigated land.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 160
        },
        {
            "number": "2",
            "title": "Explanation 2 to Section 2(g)",
            "chapter": null,
            "content": "Explanation 2.-Where a person holds land in different villages against which different extents of land are specified in column 4 of the Schedule, the extent of land which he shall be deemed to hold for the purpose of this clause shall, regard being also had to the provisions of Explanation 1 wherever it is applicable, be equal to the sum of-\n(1) the extent of land held by him in the village in which he ordinarily resides, and\n(ii) such extent of land as bears to the extent of the land held by him in the village (or each of the villages, as the case may be) other than the village in which he ordinarily resides the same ratio as the extent of the land specified in column 4 of the Schedule against the village in which he resides bears to the extent of land specified in the said column 4 against the village (or each of the villages, as the case may be), in which he does not reside;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 170
        },
        {
            "number": "2",
            "title": "Section 2(h)",
            "chapter": null,
            "content": "(h) \"member of a family\" in relation to a rural artisan, means father, mother, spouse, brother, unmarried dependent sister, divorced dependent sister, son, son's wife, un-married daughter, divorced dependent daughter, son's son, son's son's un-married daughter, son's son's divorced dependent daughter, and includes any relation residing with, and actually dependent for his maintenance, on the rural artisan;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 180
        },
        {
            "number": "2",
            "title": "Section 2(i)",
            "chapter": null,
            "content": "(1) \"owner\" in relation to land, includes a person holding the land as occupant or landholder as defined in the Bombay Land Revenue Code, 1879, as applicable to the State of Gujarat;",
            "footnote": "Bom. V of 1879",
            "is_definition": true,
            "sort_order": 190
        },
        {
            "number": "2",
            "title": "Section 2(j)",
            "chapter": null,
            "content": "(j) \"prescribed\" means prescribed by rules made under this Act;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 200
        },
        {
            "number": "2",
            "title": "Section 2(k)",
            "chapter": null,
            "content": "(k) \"rural area\" means an area which, for the time being, is not within the limits of,-",
            "footnote": "",
            "is_definition": true,
            "sort_order": 210
        },
        {
            "number": "2",
            "title": "Section 2(k)(i)",
            "chapter": null,
            "content": "(1). a city constituted under section 3 of the Bombay Provincial Municipal Corporations Act, 1949, as applicable to the State of Gujarat,",
            "footnote": "Bom. LIX of 1949",
            "is_definition": true,
            "sort_order": 220
        },
        {
            "number": "2",
            "title": "Section 2(k)(ii)",
            "chapter": null,
            "content": "(ii) a municipal borough, or a notified area constituted, or deemed to be constituted, under the Gujarat Municipalities Act, 1963;",
            "footnote": "Guj. 34 of 1964",
            "is_definition": true,
            "sort_order": 230
        },
        {
            "number": "2",
            "title": "Section 2(k)(iii)",
            "chapter": null,
            "content": "(iii) a cantonment declared as such under the Cantonments Act, 1924;",
            "footnote": "2 of 1924",
            "is_definition": true,
            "sort_order": 240
        },
        {
            "number": "2",
            "title": "Section 2(l)",
            "chapter": null,
            "content": "(1) \"rural artisan\" means a person who, being resident in a rural area, earns his livelihood principally by practising any craft in such area by his own labour or by the labour of the members of his family, and-",
            "footnote": "",
            "is_definition": true,
            "sort_order": 250
        },
        {
            "number": "2",
            "title": "Section 2(l)(i)",
            "chapter": null,
            "content": "(i) who either does not hold any land, or",
            "footnote": "",
            "is_definition": true,
            "sort_order": 260
        },
        {
            "number": "2",
            "title": "Section 2(l)(ii)",
            "chapter": null,
            "content": "(ii) who holds land to the extent specified in paragraph (a) or, as the case may be, paragraph (b), whichever is applicable, of sub-clause (i) of the clause (g), but who does not earn his livelihood principally by cultivating such land;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 270
        },
        {
            "number": "2",
            "title": "Section 2(m)",
            "chapter": null,
            "content": "(m) \"rural labourer\" means a person, who being resident in a rural area, earns his livelihood principally by manual labour from any of the following occupations, but does not hold any land for any such occupations, namely: -",
            "footnote": "",
            "is_definition": true,
            "sort_order": 280
        },
        {
            "number": "2",
            "title": "Section 2(m)(i)",
            "chapter": null,
            "content": "(1) farming, including cultivation or tillage of soil or horticultural operations,",
            "footnote": "",
            "is_definition": true,
            "sort_order": 290
        },
        {
            "number": "2",
            "title": "Section 2(m)(ii)",
            "chapter": null,
            "content": "(ii) cutting of wood,",
            "footnote": "",
            "is_definition": true,
            "sort_order": 300
        },
        {
            "number": "2",
            "title": "Section 2(m)(iii)",
            "chapter": null,
            "content": "(iii) dairy farming,",
            "footnote": "",
            "is_definition": true,
            "sort_order": 310
        },
        {
            "number": "2",
            "title": "Section 2(m)(iv)",
            "chapter": null,
            "content": "(iv) poultry farming,",
            "footnote": "",
            "is_definition": true,
            "sort_order": 320
        },
        {
            "number": "2",
            "title": "Section 2(m)(v)",
            "chapter": null,
            "content": "(v) breeding of live stock,",
            "footnote": "",
            "is_definition": true,
            "sort_order": 330
        },
        {
            "number": "2",
            "title": "Section 2(m)(vi)",
            "chapter": null,
            "content": "(vi) any operation performed on a farm as incidental to preparation, transport, delivery or storage, for marketing of any of the products of any of the occupations mentioned in sub-clauses (i), (ii), (iii), (iv) and (v);",
            "footnote": "",
            "is_definition": true,
            "sort_order": 340
        },
        {
            "number": "2",
            "title": "Section 2(n)",
            "chapter": null,
            "content": "(n) \"Schedule\" means the Schedule appended to this Act;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 350
        },
        {
            "number": "2",
            "title": "Section 2(o)",
            "chapter": null,
            "content": "(0) \"Scheduled Tribes\" means such tribe or tribal community, or part of, or group within such tribe or tribal community as is deemed to be a Scheduled Tribe in relation to the State of Gujarat under article 342 of the Constitution;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 360
        },
        {
            "number": "2",
            "title": "Section 2(p)",
            "chapter": null,
            "content": "(p) \"small farmer\" means a person-",
            "footnote": "",
            "is_definition": true,
            "sort_order": 370
        },
        {
            "number": "2",
            "title": "Section 2(p)(i)",
            "chapter": null,
            "content": "(1) who holds land in any of the villages specified in column 3 of the Schedule not exceeding-",
            "footnote": "",
            "is_definition": true,
            "sort_order": 380
        },
        {
            "number": "2",
            "title": "Section 2(p)(i)(a)",
            "chapter": null,
            "content": "(a) the extent of land specified against such village in column 5 of the Schedule, if such person does not belong to a Scheduled Tribe,",
            "footnote": "",
            "is_definition": true,
            "sort_order": 390
        },
        {
            "number": "2",
            "title": "Section 2(p)(i)(b)",
            "chapter": null,
            "content": "(b) twice the extent of land so specified, if such person belongs to a Scheduled Tribe; and",
            "footnote": "",
            "is_definition": true,
            "sort_order": 400
        },
        {
            "number": "2",
            "title": "Section 2(p)(ii)",
            "chapter": null,
            "content": "(ii) who earns his livelihood principally by cultivating such land;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 410
        },
        {
            "number": "2",
            "title": "Explanation 1 to Section 2(p)",
            "chapter": null,
            "content": "Explanation 1.-Where a person holds irrigated land, whether exclusively or along with other non-irrigated land, the extent of land deemed to be held by him for the purpose of this clause so far as such irrigated land held by him is concerned shall be considered to be twice the extent of such irrigated land,",
            "footnote": "",
            "is_definition": false,
            "sort_order": 420
        },
        {
            "number": "2",
            "title": "Explanation 2 to Section 2(p)",
            "chapter": null,
            "content": "Explanation 2. Where a person holds land in different villages against which different extents of land are specified in column 5 of the Schedule, the extent of land which he shall be deemed to hold for the purpose of this clause shall, regard being also had to the provisions of Explanation 1 wherever it is applicable, be equal to the sum of-\n(i) the extent of land held by him in the village in which he ordinarily resides, and\n(ii) such extent of land as bears to the extent of the land held by him in the village (or each of the villages, as the case may be) other than the village in which he ordinarily resides, the same ratio as the extent of the land specified in column 5 of the Schedule against the village in which he resides bears to the extent of land specified in the said column 5 against the village (or each of the villages, as the case may be) in which he does not reside;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 430
        },
        {
            "number": "2",
            "title": "Section 2(q)",
            "chapter": null,
            "content": "(q) \"to hold land\", with its grammatical variations and cognate expressions, means to be lawfully in actual possession of land, whether as owner or as tenant (including a Government lessee) or as crop sharer;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 440
        },
        {
            "number": "2",
            "title": "Section 2(r)",
            "chapter": null,
            "content": "(r) \"village\" shall have the meaning assigned to it in the Bombay Land Revenue Code, 1879, in force in the State of Gujarat,",
            "footnote": "Bom. V of 1879",
            "is_definition": true,
            "sort_order": 450
        },
        {
            "number": "3",
            "title": "Section 3. Discharge or reduction of debt",
            "chapter": null,
            "content": "3. (1) Save as otherwise expressly provided in this Act and on and from the appointed day,-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 460
        },
        {
            "number": "3",
            "title": "Section 3(1)(a)",
            "chapter": null,
            "content": "(a) every debt outstanding against a debtor who is a marginal farmer, or rural labourer, or who is a rural artisan whose income does not exceed rupees 2400 per year, shall be deemed to be wholly discharged;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 470
        },
        {
            "number": "3",
            "title": "Section 3(1)(b)",
            "chapter": null,
            "content": "(b) every debt outstanding against a debtor who is a small farmer, or who is a rural artisan whose income exceeds rupees 2400 per year but does not exceed rupees 4800 per year, shall-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 480
        },
        {
            "number": "3",
            "title": "Section 3(1)(b)(i)",
            "chapter": null,
            "content": "(i) in a case where any amount equal to or exceeding twice the amount of the principal has already been paid by, or recovered from, such debtor before the appointed day, be deemed to be wholly discharged;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 490
        },
        {
            "number": "3",
            "title": "Section 3(1)(b)(ii)",
            "chapter": null,
            "content": "(ii) in any other case, be deemed to be reduced to one-half of the recognised debt:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 500
        },
        {
            "number": "3",
            "title": "Proviso to Section 3(1)(b)",
            "chapter": null,
            "content": "Provided that the amount which remains to be paid by the debtor shall not exceed twice the amount of the principal.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 510
        },
        {
            "number": "3",
            "title": "Explanation 1 to Section 3(1)",
            "chapter": null,
            "content": "Explanation 1. For the purpose of this sub-section as well as sub-section (3) of section 8, \"income per year\" in relation to a rural artisan, shall mean the average annual income of such artisan for the three years immediately preceding the appointed day,",
            "footnote": "",
            "is_definition": false,
            "sort_order": 520
        },
        {
            "number": "3",
            "title": "Explanation 2 to Section 3(1)",
            "chapter": null,
            "content": "Explanation 2.--For the purpose of clause (b), \"recognised debt\", in relation to any debtor, means the amount of the principal together with the amount of simple interest thereon at the rate of six per cent. per annum or the rate stipulated between the parties, whichever is less, calculated as outstanding on the appointed day, after allowing deductions of all sums paid from time to time towards the repayment of the principal or interest, as the case may be.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 530
        },
        {
            "number": "3",
            "title": "Section 3(2)",
            "chapter": null,
            "content": "(2) Notwithstanding anything contained in the foregoing provisions, in no case shall a debtor be liable to pay to his creditor or creditors under sub-clause (ii) of clause (b) of sub-section (1), an amount exceeding rupees 1400 in the aggregate:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 540
        },
        {
            "number": "3",
            "title": "Proviso to Section 3(2)",
            "chapter": null,
            "content": "Provided that where the amount payable by the debtor to more than one creditor is so reduced to rupees 1400, the amount payable to each one of the creditors shall be determined on a prorata basis, having regard to the amount or amounts of debts payable to each one of them, subject to the overall limit of rupees 1400.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 550
        },
        {
            "number": "4",
            "title": "Section 4. Right of debtor to refund of amount paid in excess of twice the principal before the appointed day",
            "chapter": null,
            "content": "4. (1) Where in respect of any debt any amount exceeding twice the amount of the principal has been paid by, or has been recovered from, the debtor before the appointed day, such debtor shall be entitled to a refund of the amount so paid in excess of twice the amount of principal from the creditor and the creditor shall, within a period of two months from the appointed date, refund to the debtor the amount so paid in excess by him.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 560
        },
        {
            "number": "4",
            "title": "Section 4(2)",
            "chapter": null,
            "content": "(2) Where a creditor fails to refund, within the period specified in sub-section (1), to a debtor the amount to which the debtor may be entitled under that sub-section, the debtor may, on the expiry of such period, make an application in writing to the debt settlement officer having jurisdiction at the place where such debtor ordinarily resides for making an order directing the creditor to refund to the debtor such amount.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 570
        },
        {
            "number": "4",
            "title": "Section 4(3)",
            "chapter": null,
            "content": "(3) An application under sub-section (2) shall be made in prescribed form and within prescribed period and shall contain the prescribed particulars.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 580
        },
        {
            "number": "4",
            "title": "Section 4(4)",
            "chapter": null,
            "content": "(4) On receipt of an application from a debtor under sub-section (2), the debt settlement officer shall, after making such inquiry as he thinks fit and after giving to the creditor concerned an opportunity of being heard, make an order granting such relief to the debtor as he may appear to be entitled to, or make an order rejecting the application of the debtor, as the case may be.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 590
        },
        {
            "number": "4",
            "title": "Section 4(5)",
            "chapter": null,
            "content": "(5) The order of the debt settlement officer under this section granting refund of an amount to a debtor shall be executed by the Civil Court having jurisdiction in the area in which the debtor resides as if such order were a decree or order of that Court.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 600
        },
        {
            "number": "5",
            "title": "Section 5. Appointment of debt settlement officers",
            "chapter": null,
            "content": "5. The State Government shall, for the purpose of settlement of debts in accordance with the provisions of this Act, by notification in the Gujarat Government Gazette, appoint such number of persons as it thinks fit as debt settlement officers and define the local limits of the area in which they shall exercise their jurisdiction.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 610
        },
        {
            "number": "6",
            "title": "Section 6. Duty of debtors and creditors to furnish particulars of debt, etc. to local authority",
            "chapter": null,
            "content": "6. (1) Every debtor shall, within such period as may be prescribed, furnish to the local authority within whose jurisdiction he ordinarily resides, a true statement in writing in prescribed form containing the following particulars in respect of every debt due by him on the appointed day to his creditors, namely:-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 620
        },
        {
            "number": "6",
            "title": "Section 6(1)(i)",
            "chapter": null,
            "content": "(i) full particulars of the debt;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 630
        },
        {
            "number": "6",
            "title": "Section 6(1)(ii)",
            "chapter": null,
            "content": "(ii) the name and residence of the creditor and if there are joint creditors, the names and residences of all joint creditors;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 640
        },
        {
            "number": "6",
            "title": "Section 6(1)(iii)",
            "chapter": null,
            "content": "(iii) the place where the debtor resides;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 650
        },
        {
            "number": "6",
            "title": "Section 6(1)(iv)",
            "chapter": null,
            "content": "(iv) particulars showing that he is a debtor and also showing whether he is a marginal farmer, small farmer, rural artisan or rural labourer;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 660
        },
        {
            "number": "6",
            "title": "Section 6(1)(v)",
            "chapter": null,
            "content": "(v) in the case of a debtor who is a rural artisan, the amount of his income per year;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 670
        },
        {
            "number": "6",
            "title": "Section 6(1)(vi)",
            "chapter": null,
            "content": "(vi) such other particulars as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 680
        },
        {
            "number": "6",
            "title": "Section 6(2)",
            "chapter": null,
            "content": "(2) Any of the creditors of a debtor may also furnish, within the period prescribed under sub-section (1), to the local authority within whose jurisdiction the debtor ordinarily resides a true statement in writing in prescribed form containing the following particulars in respect of the debt or debts due to him by the debtor, namely:-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 690
        },
        {
            "number": "6",
            "title": "Section 6(2)(i)",
            "chapter": null,
            "content": "(1) full particulars of the debt.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 700
        },
        {
            "number": "6",
            "title": "Section 6(2)(ii)",
            "chapter": null,
            "content": "(ii) the name and residence of the debtor,",
            "footnote": "",
            "is_definition": false,
            "sort_order": 710
        },
        {
            "number": "6",
            "title": "Section 6(2)(iii)",
            "chapter": null,
            "content": "(iii) the place where the creditor resides,",
            "footnote": "",
            "is_definition": false,
            "sort_order": 720
        },
        {
            "number": "6",
            "title": "Section 6(2)(iv)",
            "chapter": null,
            "content": "(iv) particulars showing whether the debtor is a marginal farmer, small farmer, rural artisan, or rural labourer,",
            "footnote": "",
            "is_definition": false,
            "sort_order": 730
        },
        {
            "number": "6",
            "title": "Section 6(2)(v)",
            "chapter": null,
            "content": "(v) such other particulars as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 740
        },
        {
            "number": "6",
            "title": "Explanation 1 to Section 6",
            "chapter": null,
            "content": "Explanation 1. For the purpose of this section, \"local authority\" means,-\n(a) in the case of a debtor who ordinarily resides within the jurisdiction of a gram panchayat, nagar panchayat, borough municipality or a municipal corporation, the gram panchayat, the nagar panchayat, the borough municipality or the municipal corporation, as the case may be, within whose jurisdiction he resides;\n(b) in any other case, such authority as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 750
        },
        {
            "number": "6",
            "title": "Explanation 2 to Section 6",
            "chapter": null,
            "content": "Explanation 2.-If a debtor does not ordinarily reside in any place within the jurisdiction of any local authority but holds land in any such place, he shall be deemed to reside at such place.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 760
        },
        {
            "number": "7",
            "title": "Section 7. Preparation and publication of statement of debts, etc. by local authority",
            "chapter": null,
            "content": "7. (1) As soon as may be after the expiry of the period prescribed under sub-section (1) of section 6, the authorised officer of the local authority concerned shall, on the basis of the statements received under section 6, prepare or cause to be prepared a statement in prescribed form showing therein, -\n(i) the names and residences of all debtors and creditors from whom statements under section 6 have been received;\n(ii) the description of the debtor as to whether he is a marginal farmer, small farmer, rural artisan or rural labourer;\n(iii) in the case of a debtor who is a rural artisan, the amount of his income per year;\n(iv) the particulars of all debts due by such debtors to their creditors;\n(v) such other particulars as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 770
        },
        {
            "number": "7",
            "title": "Section 7(2)",
            "chapter": null,
            "content": "(2) As soon as may be after the statement under sub-section (1) is prepared, the authorised officer of the local authority shall publish it in the prescribed manner, together with a public notice in the prescribed form calling upon all debtors and creditors mentioned in the statement who may have any dispute to raise against any of the particulars in the statement to make an application to the debt settlement officer having jurisdiction, within such period after the date of publication of the statements as may be prescribed, challenging the correctness of such particulars.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 780
        },
        {
            "number": "7",
            "title": "Section 7(3)",
            "chapter": null,
            "content": "(3) A copy of such statement authenticated by the authorised officer shall be forwarded to the debt settlement officer appointed under section 5 for the area under the jurisdiction of the local authority concerned.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 790
        },
        {
            "number": "7",
            "title": "Explanation to Section 7",
            "chapter": null,
            "content": "Explanation. In this section, \"authorised officer of the local authority\" means,-\n(a) in the case of a local authority which is a gram panchayat or a nagar panchayat, the Secretary of the panchayat;\n(b) in the case of a local authority which is a borough municipality, the Chief Officer of the municipality;\n(c) in the case of a local authority which is a municipal corporation, the Municipal Secretary of the Corporation;\n(d) in the case of any other local authority, such officer as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 800
        },
        {
            "number": "8",
            "title": "Section 8. Application by debtor or creditor for inquiry and power of debt settlement officer to inquire",
            "chapter": null,
            "content": "8. (1) Any debtor or creditor who has any dispute to raise against any of the particulars mentioned in the statement published under sub-section (2) of section 7 may, within the period specified in the notice published under that sub-section make an application in writing to the debt settlement officer having jurisdiction in the area in which the debtor concerned ordinarily resides, stating the grounds of his dispute against the particulars.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 810
        },
        {
            "number": "8",
            "title": "Section 8(2)",
            "chapter": null,
            "content": "(2) On receipt of an application under sub-section (1), the debt settlement officer shall serve a notice in such form and in such manner as may be prescribed upon the other party, requiring him to be present before the debt settlement officer for the purpose of being heard in connection with such application on a date specified in the notice and on all subsequent dates to which the hearing of the application may from time to time be adjourned by the debt settlement officer.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 820
        },
        {
            "number": "8",
            "title": "Section 8(3)",
            "chapter": null,
            "content": "(3) After having satisfied that the notice under sub-section (2) has been duly served on the other party, the debt settlement officer shall, after calling for such further information or particulars in relation to the debt in question, if necessary, and after making such inquiry and following such procedure, subject to any rules made in this behalf by the State Government, as in his opinion, the circumstances of the case seem to require, pass,-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 830
        },
        {
            "number": "8",
            "title": "Section 8(3)(i)",
            "chapter": null,
            "content": "(i) in a case in which he is satisfied that the debtor is a marginal farmer or a rural labourer or is a rural artisan whose income does not exceed rupees 2400 per year, an order discharging the debt completely and grant to the debtor a certificate of discharge from the debt in the prescribed form;\nand on the grant of such certificate to a debtor in respect of a debt, such debt shall not be recoverable from such debtor;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 840
        },
        {
            "number": "8",
            "title": "Section 8(3)(ii)",
            "chapter": null,
            "content": "(ii) in a case in which the debtor is a small farmer or is a rural artisan whose income exceeds rupees 2400 per year but does not exceed rupees 4800 per year, an order -",
            "footnote": "",
            "is_definition": false,
            "sort_order": 850
        },
        {
            "number": "8",
            "title": "Section 8(3)(ii)(a)",
            "chapter": null,
            "content": "(a) discharging the debt completely if any amount equal to or exceeding twice the amount of the principal has already been paid by, or recovered from, such debtor before the appointed day and grant to the debtor a certificate of discharge from the debt in the prescribed form, and on the grant of such certificate to such debtor in respect of a debt, such debt shall not be recoverable from him;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 860
        },
        {
            "number": "8",
            "title": "Section 8(3)(ii)(b)",
            "chapter": null,
            "content": "(b) determining, in a case not falling under sub-section (a), the amount of the recognised debt as defined in Explanation 2 to sub-section (1) of section 3, and reducing the debt in accordance with the provisions of sub-clause (ii) of clause (b) of sub-section (1), and sub-section (2), of section 3 and the amount to which such debt is reduced shall thereupon be the amount due from the debtor in respect of the debt or debts due from the debtor and the portion of debt or debts in excess of such amount shall be deemed to have been discharged.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 870
        }
    ],
    "metadata": {
        "Act ID": "197635",
        "Act Number": "35",
        "Enactment Date": "1976-08-14",
        "Act Year": "1976",
        "Short Title": "The Gujarat Rural Debtors' Relief Act, 1976",
        "Department": "GOVERNMENT OF GUJARAT, LEGAL DEPARTMENT",
        "Type": "STATE",
        "Location": "Gujarat"
    },
    "updated_at": "2026-09-29 21:55:17"
}