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(1) If, in the course of implementing the provisions of section 4, a creditor raises a question that the person who claims to be his debtor is not a marginal farmer, a rural artisan, a rural labourer or, as the case may be, a worker, or disputes the eligibility of the debtor for relief under this Act on any other ground including the valuation of the immovable property, if any, of a worker, then the creditor shall make an application in writing to an officer not below the rank of an additional Tahasildar (or any officer in any department who in the opinion of the District Magistrate is of equivalent rank) duly appointed by an order in writing by the District Magistrate in this behalf (hereinafter referred to as "the Authorised Officer"). (2) The application shall state the facts of the case in brief, and the point raised for the decision of the Authorised Officer; and shall be made within seven days from the date of receipt of the application by the creditor under clause (e) of section 4, or from the date of endorsement made on the application under that clause. (3) No application under this section shall be entertained by the Authorised Officer unless the creditor either deposits the pledged property or any document evidencing such pledge or both or the value of such property. If the property for any reason is not available with the creditor, in which case he shall make an affidavit stating the reasons for which the property is not available. (4) In all proceedings under this section, the Authorised Officer shall follow the procedure provided for summary inquiries under the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966). (5) For the purposes of this section, a person claiming to be a debtor shall unless the contrary is proved, be presumed by the Authorised Officer to be a debtor if he produces a certificate from any Special Executive Magistrate, talathi, police patil, sarpanch of a village panchayat, or any person specified by the State Government in an order from time to time made in this behalf that he is a debtor as described in such certificate. The certificate shall be issued in such form as the State Government may from time to time determine. The authority issuing the certificate may not hear the creditor before issuing such certificate. (6) The Authorised Officer shall have power to determine all questions in relation to, or connected with, the question or dispute raised by the creditor in his application, and accordingly, he may determine the extent, or as the case may be, the value of the property, give directions for the safe custody of the pledged property and may pass such orders as may be necessary in the circumstances of each case for enforcing and implementing the provisions of this Act. It shall be lawful for the Authorised Officer to take the assistance of the services of an expert for determining the value of any immovable property; and the provisions of sub-section (3) of section 9 for payment of honorarium shall apply to such payment. (7) Except as otherwise provided in this section, no question shall be decided by the Authorised Officer under this section unless an opportunity has been given to the creditor and the debtor to be heard. (8) The Authorised Officer shall decide the question as provided in this section and his decision shall be final and conclusive and shall not be called in question in any Civil Court. If the property or its value is in the possession of the Authorised Officer and the decision is in favour of the debtor, it shall be delivered to the debtor forthwith; and he shall make an endorsement on the order that the property or value has been delivered to the debtor.
<span style="margin-left:15px;"></span>(<i>1</i>) If, in the course of implementing the provisions of section 4, a creditor raises a question that the person who claims to be his debtor is not a marginal farmer, a rural artisan, a rural labourer or, as the case may be, a worker, or disputes the eligibility of the debtor for relief under this Act on any other ground including the valuation of the immovable property, if any, of a worker, then the creditor shall make an application in writing to an officer not below the rank of an additional Tahasildar (or any officer in any department who in the opinion of the District Magistrate is of equivalent rank) duly appointed by an order in writing by the District Magistrate in this behalf (hereinafter referred to as "the Authorised Officer").<br> <span style="margin-left:15px;"></span>(<i>2</i>) The application shall state the facts of the case in brief, and the point raised for the decision of the Authorised Officer; and shall be made within seven days from the date of receipt of the application by the creditor under clause (<i>e</i>) of section 4, or from the date of endorsement made on the application under that clause. <br> <span style="margin-left:15px;"></span>(<i>3</i>) No application under this section shall be entertained by the Authorised Officer unless the creditor either deposits the pledged property or any document evidencing such pledge or both or the value of such property. If the property for any reason is not available with the creditor, in which case he shall make an affidavit stating the reasons for which the property is not available.<br> <span style="margin-left:15px;"></span>(<i>4</i>) In all proceedings under this section, the Authorised Officer shall follow the procedure provided for summary inquiries under the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966).<br> <span style="margin-left:15px;"></span>(<i>5</i>) For the purposes of this section, a person claiming to be a debtor shall unless the contrary is proved, be presumed by the Authorised Officer to be a debtor if he produces a certificate from any Special Executive Magistrate, <i>talathi</i>, <i>police patil</i>, sarpanch of a village <i>panchayat</i>, or any person specified by the State Government in an order from time to time made in this behalf that he is a debtor as described in such certificate. The certificate shall be issued in such form as the State Government may from time to time determine. The authority issuing the certificate may not hear the creditor before issuing such certificate.<br> <span style="margin-left:15px;"></span>(<i>6</i>) The Authorised Officer shall have power to determine all questions in relation to, or connected with, the question or dispute raised by the creditor in his application, and accordingly, he may determine the extent, or as the case may be, the value of the property, give directions for the safe custody of the pledged property and may pass such orders as may be necessary in the circumstances of each case for enforcing and implementing the provisions of this Act. It shall be lawful for the Authorised Officer to take the assistance of the services of an expert for determining the value of any immovable property; and the provisions of sub-section (<i>3</i>) of section 9 for payment of honorarium shall apply to such payment. <br> <span style="margin-left:15px;"></span>(<i>7</i>) Except as otherwise provided in this section, no question shall be decided by the Authorised Officer under this section unless an opportunity has been given to the creditor and the debtor to be heard. <br> <span style="margin-left:15px;"></span>(<i>8</i>) The Authorised Officer shall decide the question as provided in this section and his decision shall be final and conclusive and shall not be called in question in any Civil Court. If the property or its value is in the possession of the Authorised Officer and the decision is in favour of the debtor, it shall be delivered to the debtor forthwith; and he shall make an endorsement on the order that the property or value has been delivered to the debtor. <br>