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Section 4: Power to fix prescribed period

The Rajasthan Affected Areas (Suspension of Proceedings) Act, 1952State Act of Rajasthan · Act 21 of 1952

(1) Upon the issue of a notification under section 3 in respect of any area, the State Government shall by the same or another notification fix the period for which the provisions contained in Sections 5 to 10 shall remain in force in such area, and may likewise extend from time to time, the period so fixed.

(2) On the termination of the prescribed period for any area, the declaration in respect thereof made under section 3, shall be deemed to be discharged and such area shall cease to be 2[an affected area.]

5. Stay of certain proceedings. - (1) All proceedings in execution of any decree for money, all proceedings for making final any preliminary decree for foreclosure or sale in enforcement of a mortgage and all proceedings in execution of any final decree for foreclosure of sale in enforcement of a mortgage passed by any Court in any [X X X] affected area on the basis of any liability incurred before the issue of a notification under section 3 in respect of that area, in which the judgment-debtor or one of the judgment-debtors is an agriculturist, shall be stayed during the prescribed period.

(2) Where proceedings in execution of any decree have been stayed under sub-section (1), all attachments of growing crops, agricultural produce live stock and other movable property of a perishable nature made in execution of such decree and subsisting on the date on which the stay order is passed shall be deemed to be withdrawn.

(3) All proceedings under the Provincial Insolvency Act, 1920 (V of 1920), against an agriculturist pending in any court in 1[an affected area] on the date of the issue of a notification under section 3 in respect of that area shall be stayed during the prescribed period.

1. Inserted by section 5 of Rajasthan Act No. VIII of 1953, published in Rajasthan Gazette No. 213 dated, 23-3-1953.

2. Substituted by section 6-ibid.

3. Deleted by section 7 (a)-ibid.

4. Omitted by item No. 18 of the Schedule of the Rajasthan Act No. 27 of 1957, publicshed in Rajasthan Gazette, Part IV-A, Extraordinary, dated 13-8-1957.

THE RAJASTHAN AFFECTED AREAS (SUSPENSION OF PROCEEDINGS) ACT, 1952

(4) All suits for money and for foreclosure or sale in enforcement of a mortgage against an agriculturist, and all appeals from decrees or orders passed in such suits, pending in any court, in 1[an affected area] on the date of the issue of a notification under section 3 in respect of that area; shall be stayed during the prescribed period.

Where this provision sits

ActThe Rajasthan Affected Areas (Suspension of Proceedings) Act, 1952
Section4
Marginal notePower to fix prescribed period
JurisdictionState of Rajasthan
StatusIn force as published by the source

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