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KARNATAKA DEBT RELIEF RULES, 1979

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R.1 Short title and commencement

       (1) These rules may be called the Karnataka Debt Relief Rules, 1979
       (2) They shall come into force at once.


R.2 Definitions

       In these rules, unless the context otherwise requires.
       (a) "Form" means a form appended to these rules;
       (b) "Ordinance" means the Karnataka Debt Relief Ordinance (Karnataka Ordinance No. 19 of 1979);
       (c) "Section" means a section of the Ordinance.


R.3 Statement to be filed by creditor etc

       (1) A statement referred to in sub-section (1) of Section 4 shall be in Form 1 and an application referred in sub-section (2) thereof shall be in Form 2.
       (2) The certificate of discharge under sub-section (5) or (6) of Section 4 shall be in Form 3 and the certificate of redemption under sub-section (2) of Section 5 shall be in Form 4.


R.4 Procedure to be followed in an enquiry under Section 4

       (1) In an enquiry under sub-section (3) of Section 4, the Assistant Commissioner shall serve a notice calling upon the respondent to appear before him on the date specified in the notice.
       (2) The respondent shall be given an opportunity to file objection in writing and both sides shall be given reasonable opportunity to adduce evidence both oral and documentary in support of their respective contentions and to cross-examine the witnesses of the other side. The provisions of Section 34 of the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964) shall apply for the recording of evidence.
       (3) The order to be passed shall contain.
       (a) a concise statement of the case;
       (b) the points for determination;
       

APPENDIX.1 FORM

       FORM1
       [See
       Rule 3(1)]
       Statement
       of particulars furnished by the Creditor under sub-section
       (1) of Section 4
       Name, Address and Place of
       business of the creditor.
       S1. No.
       Name of the debtorand full address
       Date and nature of the document under which the debt is advanced Amount advanced
       Rate of Interest
       (1) (2) (3) (4) (5)
       Amount due as on 14th Novem

APPENDIX.2 Application by the debtor for return of moveable properties pledged by him or his surety

       FORM 2
       [See
       Rule 3(1)]
       Application by the debtor for return of moveable properties pledged
       By him or his surety
       To
       The Assistant
       Commissioner,
        ..
        ..
       I............(name)
       son of..........(Father's name) residing at.....
       ........do hereby state as
       follows.
       1. I have borrowed a
    &nb

APPENDIX.3 Certificate of Discharge

       FORM 3
       [See
       Rule 3(2)]
       Certificate of Discharge
       This is to certify that a debt of Rupees..............incurred by Sri. .
       ......(debtor) by pledging the moveable properties on...........from Sri.
       ..........(creditor) shall be deemed to have been wholly discharged in
       pursuance of an order passed under sub-section (3) of Section 4 of the Karnataka Debt Relief Ordinance, 1979 in case No.......on the file of the Assistant Commissioner........
        Seal
       Assistant Commissioner
        .
Date:


APPENDIX.4 Certificate of Redemption

       FORM
       4
       [See
       Rule 3(2)]
       Certificate of Redemption
       This is to certify that the debt incurred by Sri..........by
       Mortgaging the scheduled immovable properties under the mortgage deed dated......
       .........from Sri..........shall be deemed to have been wholly discharged
       in pursuance of an order under sub-section (3) of Section 4 of the Karnataka Debt Relief Ordinance, 1959 (Karnataka Ordinance No. 19 of 1979) in case No..........on the file of the Assistant
       Commissioner..........and the said mortgage is hereby redeemed.
 &nbs

APPENDIX.5 Acknowledgement by the Debtor

       FORM 5
       [See
       Rule 4(7)]
       Acknowledgement by the Debtor
       I............S/o........residing........ ..debtor in case
       No......on file of the Assistant Commissioner........hereby acknowledge the receipt of the following articles, namely.
       1.
       2.
       (here specify the particulars and full description of the articles received by the debtor)
       Signature of the Debtor
       Date.............


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