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Section 17: Protection of certain land from sale or transfer

The United Provinces Debt Redemption Act, 1940State Act of Uttar Pradesh · Act 13 of 1940

17. (1) Notwithstanding anything contained in section 16 or in and other law for the time being in force

(a) the land of an agriculturist, the local rate payable by whom or recoverable from whom does not exceed twenty-five rupees per annum, shall not be sold or otherwise transferred in execution of a decree to which this Act applies, nor shall a final decree for foreclosure be passed in respect of such land, and

(b) in the case of any other agriculturist

(i) only so much of his land may be sold or otherwise transferred in execution of a decree to which this Act applies ; or

(ii) a final decree for foreclosure may be passed in respect of only so much of his land, as would, after such sale or transfer or foreclosure leave with him land the local rate payable in respect of which would be at least rupees twentyfive per annum :

Provided that in the permanently settled areas of the Benares Division and the Azamgarh District the local rate on the agriculturists land shall, for the purposes of this section, be deemed to be twice the local rate actually payable on it ;

[ (Provided further that in Oudh the local rate recoverable from an under-proprietor shall , for the purposes of this section, be deemed to be the local rate payable by the superior-proprietor as such) ;

Provided [also] that the court may execute a decree to which this Act applies by granting to the decree-holder a self-liquidating usufructuary mortgage, for a period of not more than twenty years, of such land as is protected from sale, transfer or foreclosure by the provisions of this section ;

Provided also that when a mortgage has been granted under the provisions of this section the same land shall not be mortgaged in execution of any other decree to which this Act applies against the same debtor or his heir or successor if the term of the mortgage together with the term or terms of previous mortgage or mortgages exceed twenty years.

(2) The form, terms and conditions of a mortgage granted under the second proviso to sub-section (1) and the amount to be paid by the debtor at any time for the redemption of such mortgage shall be such as may be prescribed.

Where this provision sits

ActThe United Provinces Debt Redemption Act, 1940
Section17
Marginal noteProtection of certain land from sale or transfer
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • inserted, U. P. Act VI of 1942. Ins. by s. 3 of U. P. Act VI of 1942, made by the Governor in exercise of the powers assumed by him under sec. 93 of the G. of I Act, 1935. It was reenacted and continued by U. P. Act XIII of 1948.
  • substituted. Subs. for further by ibid.

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