HARYANA PUBLIC MONEYS (RECOVERY OF DUES) ACT, 1979

Act No. 24 of 1979

24th October, 1979

Year No. Short title Whether repealed or otherwise affected by legislation 1979 24 The Haryana Public Moneys (Recovery of Dues) Act, 1979. PREAMBLE AN ACT to provide for the speedy recovery of certain classes of dues. Be it enacted by the Legislature of the State of Haryana in the Thirtieth Year of the Republic of India as follows:-- 1. For Statement of Objects and Reasons, see Haryana Government Gazette (Extra.), dated the 21st September, 1979, page 1698.

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S.1 Short title

This Act may be called the Haryana Public Moneys (Recovery of Dues) Act, 1979.

S.2 Definitions

In this Act, unless the context otherwise requires,--

• "Collector" means a Collector of the district and includes any person appointed by the State Government to perform the functions of a Collector under this Act;
• "Corporation" means the Haryana Financial Corporation established under the State Financial Corporations Act, 1951 and includes any other Corporation owned or controlled by the Central Government or the State Government which the State Government may, by notification, specify;
• "defaulter" means a person who either as principal or as surety, is a party--
  • (i) to any agreement relating to a loan, advance or grant given under that agreement or relating to credit in respect of, or relating to hire-purchase of, goods sold by the State Government or the Corporation, by way of financial assistance; or
  • (ii) to any agreement relating to a loan, advance or grant given relating to hire purchase of, goods sold by a Governmen
    

S.3 Recovery of certain dues as arrears of land revenue

(1) Where any sum is recoverable from a defaulter--

• (a) by the State Government, such officer as it may, by notification, appoint in this behalf;
• (b) by a Corporation or a Government company, the Managing Director thereof, shall determine the sum due from the defaulter.

(2) The Officer or the Managing Director, as the case may be, referred to in sub-section (1), shall send a certificate to the Collector mentioning the sum due from the defaulter and requesting that such sum together with the cost of proceedings be recovered as if it were an arrear of land revenue.

(3) A certificate sent under sub-section (2) shall be conclusive proof of the matters stated therein and the Collector, on receipt of such certificate, shall proceed to recover the amount stated therein as an arrear of land revenue.

(4) No civil court shall have jurisdiction--

• (a) to entertain or adjudicate upon any case; or
• (b) to adjudicate upon or p
  

S.4 Savings

(1) Nothing in section 3 shall affect any interest of State Government, a Corporation or a Government company, in any property created by any mortgage, charge, pledge., or other encumbrance.

(2) Where the property of any person referred to in section 3 is subject to any mortgage, charge, pledge or other encumbrance in favour of the State Government, a Corporation or a Government company, then in every case of a pledge or hypothecation of goods or a mortgage, charge or other encumbrance on immovable property such property or, as the case may be, the interest of the defaulter therein, shall first be sold in proceedings for recovery of the sum due from that person, and if the proceeds of the sale of the aforesaid property are less than the sum due, proceedings may be taken against the other property of the defaulter:

Provided that where the State Government is of the opinion that it is necessary so to do for safeguarding the recovery of the sum due to it or to the Corpor