The Chhattisgarh Gramin Rin Vimukti Adhiniyam, 1982.

The M.P. Gramin Rin Vimukti Adhiniyam, 1982
MADHYA PRADESH
India
The M.P. Gramin Rin Vimukti Adhiniyam, 1982
Act 5 of 1983
Published on 21 January 1983• 
Commenced on 21 January 1983• 
[This is the version of this document from 21 January 1983.]• 
[Note: The original publication document is not available and this content could not be
verified.]
• 
The M.P. Gramin Rin Vimukti Adhiniyam, 1982M.P. Act No. 5 of 1983[Dated 21st January,
1983]Received the assent of the President on the 21-1-1983; assent first published in the "Madhya
Pradesh Gazette" (Extraordinary), dated the 22-1-1983.An Act to provide for relief from
indebtedness in rural areas.Be it enacted by the Madhya Pradesh Legislature in the Thirty-third
Year of the Republic of India as follows :-
1. Short title and extent.
(1)This Act may be called the Madhya Pradesh Gramin Rin Vimukti Adhiniyam, 1982.(2)It extends
to the whole of Madhya Pradesh
2. Definitions.
- In this Act, unless the context otherwise requires :-(a)"agricultural land" means land in a rural area
which is assessed to land revenue with reference to the use of such land for the purpose of
agriculture;(b)"Civil Court" includes :-(i)a Court acting in the exercise of insolvency jurisdiction;(ii)a
Court which under any law for the time being in force (a) has been constituted a Court of small
causes or (b) is invested with the jurisdiction of a Court of small causes;(iii)a debt relief Court
established under the Madhya Pradesh Anusuchit Jati Tatha Anusuchit Jan Jati Rini Sahayata
Adhiniyam, 1967 (No. 12 of 1967);(c)"co-operative society" means a society registered or deemed to
be registered under the Madhya Pradesh Co-operative Societies Act, 1960 (No. 17 of 1961);(d)"debt"
includes all liabilities owing to a creditor in cash or kind, secured or unsecured, payable under a
decree or order of a Civil Court or otherwise and subsisting on the 15th August, 1982 whether due or
not due;(e)"landless agricultural labourer" means a person who does not hold any agricultural land
and whose principal means of livelihood is manual labour on agricultural land;(f)"local authority"
means a Municipal Corporation, Municipal Council, Notified Area Committee, Town Area
Committee or a Cantonment Board, as the case may be, constituted or deemed to have been
constituted under any law relating to local authority for the time being in force;(g)"marginal farmer"
The M.P. Gramin Rin Vimukti Adhiniyam, 1982
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means an agriculturist who :-(i)in the case of a member of Scheduled Castes or Scheduled Tribes,
holds agricultural land not exceeding one hectare if irrigated or two hectares if unirrigated and who
personally cultivates such land;(ii)in the case of a person other than a member of Scheduled Castes
or Scheduled Tribes, holds agricultural land not exceeding half hectare if irrigated or one hectare if
unirrigated and who personally cultivates such land;(h)"member of Scheduled Castes" means a
member of such castes, races or tribes or parts of, or groups within castes, races or tribes specified
as Scheduled Castes with respect to the State of Madhya Pradesh under Article 341 of the
Constitution of India;(i)"member of Scheduled Tribes" means a member of such tribes or tribal
communities or parts of, or groups within such tribes or tribal communities specified as such with
respect to the State of Madhya Pradesh under Article 342 of the Constitution of India;(j)"rural area"
means an area other than an area comprised within the limits of a local authority;(k)"rural artisan"
means a person who does not hold any agricultural land and-(i)whose principal means of livelihood
is production or repaid of traditional tools, implements and other articles or things used for
agriculture or purposes ancillary thereto in a rural area; or(ii)who normally earns his livelihood by
practising a craft either by his own labour or by the labour of a member or members of his family in
a rural area;(l)"small farmer" means an agriculturist who :-(i)in the case of a member of Scheduled
Castes or Scheduled Tribes, holds agricultural land exceeding one hectare but not exceeding two
hectares if irrigated or exceeding two hectares but not exceeding four hectares if unirrigated and
who personally cultivates such land;(ii)in the case of a person other than a member of Scheduled
Castes or Scheduled Tribes holds agricultural land exceeding half hectare but not exceeding one
hectare if irrigated or exceeding one hectare but not exceeding two hectares if unirrigated and who
personally cultivates such land;(m)words and expressions used but not defined in this Act and
defined in the Madhya Pradesh Land Revenue Code, 1959 (No. 29 of 1959), shall have the meanings
respectively assigned to them in that Code.
3. Consequences to ensue on commencement of Act.
- Notwithstanding anything contained in any other law for the time being in force or in any contract
or other instrument having a force of law and save as otherwise expressly provided in this Act, the
following consequences shall, on the commencement of this Act, ensue, namely :-(a)every debt
advanced before the 16th August, 1982 including the amount of interest, if any, and which is payable
by-(i)a marginal farmer;(ii)a landless agricultural labourer;(iii)a rural artisan;(iv)a small farmer;to a
creditor shall be deemed to be wholly discharged;(b)no Civil Court having jurisdiction shall
entertain any suit or proceeding against a debtor specified in Clause (a) for the recovery of his
debt;(c)all proceedings in execution of any decree for money or proceedings for making final any
preliminary decree for foreclosure or sale or proceedings in execution of any final decree for sale
against a debtor specified in Clause (a) for the recovery of his debt shall stand withdrawn and all
property of the said debtor under attachment in any such proceedings shall forthwith be
released;(d)every debtor specified in Clause (a) in detention in a civil prison in execution of any
decree for money passed against him by a Civil Court in respect of a debt shall forthwith be
released;(e)all suits and proceedings pending against a debtor specified in Clause (a) for the
recovery of debt shall abate,(f)every property pledged by a debtor specified in Clause (a) shall stand
released in favour of such debtor and a creditor shall be bound to return the same to the debtor
forthwith;(g)every mortgage executed by a debtor specified in Clause (a) in favour of a creditor shall
The M.P. Gramin Rin Vimukti Adhiniyam, 1982
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stand redeemed and the mortgaged property shall be released in favour of such debtor :Provided
that, where a suit or proceeding is instituted jointly against the said debtor and any other person,
nothing in this section shall apply to the maintainability of a suit or proceeding in so far as it relates
to such other person only on the ground that he is being jointly proceeded against.Explanation. -
Nothing in this section shall be construed to entitle the said debtor to the refund of any part of a
debt already repaid by him or recovered from him before the commencement of this Act.
4. Penalties.
(1)No creditor shall,-(i)accept any payment against any claim for a debt which has been discharged
under this Act; or(ii)refuse to return or re-deliver possession to the debtor of the property pledged
or mortgaged by him which stands released or redeemed in favour of such debtor under this
Act.(2)Whoever contravenes the provisions of sub-section (1) shall be punished with imprisonment
which may extend to one year or fine which may extend to one thousand rupees; or both.
5. Bar of application of this Act.
- Nothing contained in this Act shall apply to liabilities falling under the following heads, namely
:-(a)any rent due in respect of any property let out to a debtor;(b)any liability arising out of breach
of trust or any tortious liability;(c)any liability in respect of wages, or remuneration due as salary or
otherwise, for service rendered;(d)any liability in respect of maintenance whether under a decree or
order of a Court or otherwise;(e)a debt due to :-(i)the Central Government or any State
Government;(ii)any local authority;(iii)a banking company as defined in Section 5 of the Banking
Regulation Act, 1949 (No. X of 1949), and includes the State Bank of India constituted under the
State Bank of India Act, 1955 (No. 23 of 1955), a subsidiary bank as defined in the State Bank of
India (Subsidiary Banks) Act, 1959 (No. 38 of 1959), a corresponding new bank as defined
respectively in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (No. 5
of 1970), or the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (No. 40
of 1980), a regional rural bank established under the Regional Rural Banks Act, 1976 (No. 21 of
1976); and a Co-operative Land Development Bank or other Co-operative Bank registered or
deemed to be registered under the Madhya Pradesh Co-operative Societies Act, 1960 (No. 17 of
1961);(iv)the Agricultural Refinance Corporation constituted under the Agricultural Refinance
Corporation Act, 1963 (No. 10 of 1963);(v)any banking institution notified by the Central
Government under Section 51 of the Banking Regulation Act, 1949 (No. X of 1949);(vi)the Madhya
Pradesh Agro Industries Development Corporation Limited;(vii)any Co-operative Society;(viii)any
Government Company within the meaning of the Companies Act, 1956 (No. 1 of 1956);(f)any debt
which represent the price of goods purchased by a debtor.
6. Authorities who may be specified for implementing the provisions of this
Act.
- The State Government may confer such powers and impose such duties on a Collector as may be
necessary to ensure that the provisions of this Act are properly carried out and the Collector may
The M.P. Gramin Rin Vimukti Adhiniyam, 1982
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specify an officer or officers subordinate to him, who shall exercise all or any of the powers and
perform all or any of the duties so conferred or imposed and determine the local limits within which
such powers or duties shall be carried out by the officer or officers so specified.
7. Bar of jurisdiction of Civil Court.
- No Civil Court shall have any jurisdiction to entertain, or decide any question in respect of a debt
to which provisions of this Act apply.
8. Power to make rules.
(1)The State Government may, by notification, make rules for carrying out the purpose of this
Act.(2)All rules made under this Act shall be laid on the table of the Legislative Assembly.
9. Special provision for Regional Rural Banks.
- It is hereby declared that the regional rural banks established under the Regional Rural Banks Act,
1976 (No. 21 of 1976), shall be and shall always be deemed to have been included in sub-clause (iii)
of Clause (e) of Section 6 of the Madhya Pradesh Gramin Rin Vimukti Adhyadesh, 1982 (No. 18 of
1982), from the commencement thereof and the consequences ensuing under Clauses (a) to (g) of
Section 4 of the said Ordinance shall, in respect of the Regional Rural Banks, be and shall always be
deemed never to have ensued and accordingly the position with respect to the debt advanced by
such Bank as on the date immediately before the 16th August, 1982 shall stand restored for all
purposes.
10. Repeal.
- The Madhya Pradesh Gramin Rin Vimukti Adhyadesh, 1982 (No. 18 of 1982), is hereby repealed.
The M.P. Gramin Rin Vimukti Adhiniyam, 1982
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