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Section 5: Stay or proceedings in case or certain decrees

The Himachal Pradesh Relief of Agricultural Indebtedness Act, 1976State Act of Himachal Pradesh · Act 17 of 1976

(1) No debt or part thereof including any interest thereon due from a small farmer as on the appointed day shall be recoverable from him for a period of one year commencing from the appointed day.

(2) 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, passed by a civil court on the basis of a liability incurred before the appointed day in which the judgment debtor or defendant, as the case may be, is, on the appointed day, a small farmer, shall be stayed against such judgment debtor or defendant, on an application made by him in this behalf for a period of one year from the appointed day.

(3) All attachments of growing crops, agricultural produce, livestock and other movable property of a perishable nature made in execution of decrees for money the execution of which has been stayed under sub-section

(1) and existing on the date on which the stay order is passed shall be withdrawn.

THE HIMACHAL PRADESH RELIEF OF AGRICULTURAL INDEBTEDNESS ACT, 1976 7

(4) Every stay order passed by the court under this section shall relate back to the date of the application for stay filed by the judgment debtor or defendant, as the case may be, and the proceedings shall for all purposes of this Act be deemed to have been stayed with effect from such date.

Where this provision sits

ActThe Himachal Pradesh Relief of Agricultural Indebtedness Act, 1976
Section5
Marginal noteStay or proceedings in case or certain decrees
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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