Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com DISPLACED PERSONS (DEBTS ADJUSTMENT) RULES, 1951 CONTENTS 1. Short title 2. Definitions 3. Additional particulars to be given in an application under Sec. 5. 4. Form of notice under Sec. 5 5. Form and contents of application under Sec. 10 6. Form of notice under Sec. 11 7. Form and contents of application under Sec. 13 8. Form of notice under Sec. 14 8A. Authority under Sec. 52 9. Registers SCHEDULE 1 :- SCHEDULE DISPLACED PERSONS (DEBTS ADJUSTMENT) RULES, 1951 S. R. O.53, dated the 8th January, 1952. In exercise of the powers conferred by Sec. 57 of the Displaced Persons (Debts Adjustment) Act, 1951 (70 of 1951), the Central Government hereby makes the following Rules, namely : 1. Short title :- These rules may be called the Displaced Persons (Debts Adjustment) Rules, 1951. 2. Definitions :- In these rules, unless the context otherwise requires, (a) "form" means a form in the Schedule to these rules ; (b) "section" means a section of the Act; (c) "the Act" means the Displaced Persons (Debts Adjustment) Act, 1951. 3. Additional particulars to be given in an application under Sec. 5. :- Besides the particulars specified in sub-section (2) of Sec. 5 an application under sub-section (1) of that section shall contain the following additional particulars, namely (a) where the applicant or respondant is a minor or a person of unsound mind, a statement to that effect; (b) a statement of any fact or circumstance which in the opinion of the applicant should be taken into account by the Tribunal in the adjustment of the debts. 4. Form of notice under Sec. 5 :- The notice referred to in Sec. 5 shall be in Form A. 5. Form and contents of application under Sec. 10 :- Every application by a displaced person under Sec. 10 shall be as nearly as may be, in the form of a plaint in a suit under the Code of Civil Procedure, 1908 (Act 5 of 1908), and shall contain the following particulars, namely (a) the name of the Tribunal to which the application is made ; (b) the name, description and place of residence of the displaced debtor against whom the application is made ; (c) where the applicant or the respondent is a minor or a person of unsound mind, a statement to that effect ; (d) the amount of the debts due from the displaced debtor and full particulars relating thereto; (e) a statement of any such fact or circumstance as may in his opinion be helpful to the Tribunal in the determination of the application. 6. Form of notice under Sec. 11 :- The notice referred to in Sec. 11 shall be in form B. 7. Form and contents of application under Sec. 13 :- Every application by a displaced creditor under Sec. 13 against a person who is not a displaced debtor shall be, as nearly as may be, in the form of a plaint in a suit under the Code of Civil Procedure, 1908 (Act 5 of 1908), and shall contain the following particulars, namely (a) the name of the Tribunal to which the application is made ; (b) the name, description and place of residence of the applicant ; (c) the name, description and place of residence of the respondent ; (d) where the applicant or respondent is a minor or a person of unsound mind, a statement to that effect ; (e) the amount of debts due from the displaced debtor and full particulars relating thereto, and (f) a statement of any such fact or circumstance as in the opinion of the applicant, may be helpful to the Tribunal in the determination of the application. 8. Form of notice under Sec. 14 :- The notice referred to in Sec. 14 shall be in Form C. 8A. Authority under Sec. 52 :- 1 The authority for the purpose of Sec. 52 of the Act shall be the Chief Settlement Commissioner, Ministry of Rehabiliation, New Delhi.] 1. Ins. by S.R.O. 1967, dated 15th November, 1952. 9. Registers :- The following registers shall be maintained by every Tribunal, namely (a) a separate register in Form D of applications under each of the Sees. 5, 10, 13 and 18 ; and (b) a register in Form E of notices referred to in rules 4, 6 and 8. SCHEDULE 1 SCHEDULE FORM A Notice (See rule 4) To (Name, description and place of residence.) Respondent Whereas (name of the applicant) has made an app this Tribunal for the adjustment of his debts under Sec. 5 of the Displaced Persons (Debts Adjustment) Act, 1951 (70of 1951): You are he cause, if any, against the application by filling a written statement containing objections thereto within fifteen days of the service of this n under my hand and seal of the Tribunal, this..................... day of ..................19. Tribunal. FORM B Notice (See rule 6) To (Name, desc residence of the displaced debtor.) Respondent, Whereas (name of the applicant) has made an application against you under See. 10 of th (Debts Adjustment) Act, 1951 (70 of 1951): You are hereby called upon either to show cause, if any, against the application within 15 day of this notice or to make an application on your behalf under Sec. 5 of the aforesaid Act within 30 days of the service upon you of this no hand and seal of the Tribunal, this..................... day of.................. 19. \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \Tribunal. FORM C Notice (See rule 6 and place of residence.) Respondent, Whereas (name of the applicant) has made an application against you under Sec. 13 of the Displace Adjustment) Act, 1951 (70 of 1951) : You are hereby called upon to show cause, if any, against the application within 15 days of the serv you. Given under my hand and the seal of the Tribunal, this .....day of ....19. \ \ \ \ \ \ \ \ \ \ \ \Tribunal. FORM D Register of Applications (See rule 9) 1 2 3 4 5 6 7 8 9 10 11 12 Serial Date Name Name Section of Amount of debt Number of Date of Amount for Modification of the, Execution Date of No. of and and the Act for which adjustment hearing in passing which degree decree on appeal Despatc Presentation Address address under Which is sought or in the case the suit and final order has been recrod t of person of application of creditor, amount duration of passed review, etc. the record- making respondnets made claimed hearing keeper application (a) (b) (c) (a) (b) (C) date Name of the order and Court by which order passed