Section 3 in The Himachal Pradesh Public Moneys (Recovery of Dues) Act, 1973
3. Recovery of certain clues as arrears of land revenue.
(1)Where any person either as principal or as surety or as guarantor is a party -(a)(i)To any agreement relating to a loan, advance, grant, subsidy, stipend or scholarship given to him under that agreement or relating to credit in respect of, or relating to hire purchase or goods sold by the State Govt, or the corporation by way of financial assistance; or(ii)to any agreement relating to a loan, advance, grant or subsidy given under that agreement or relating to credit in respect of, or relating to hire purchase of goods sold by the Govt, company under the sponsored scheme; or(b)to any agreement relating to a guarantee given by the State Government or a corporation in respect of a loan raised by an industrial undertaking; or(c)to any agreement providing that any money payable thereunder to the State Government shall be recoverable as arrears of land revenue; or(d)to any agreement to sell or distribute goods or any other article supplied by or through the State Govt, and such person -(i)makes any default in the repayment of the loan, advance stipend or scholarship or any instalment or interest thereof; or(ii)having become liable under the conditions of the grant to refund the grant or any portion thereof, makes any default in repayment of such grant or portion or instalment thereof; or(iii)having become liable to pay the price of the goods or any other article or interest thereof, fails to pay the same or part thereof; or(iv)otherwise fails to comply with the terms of the agreement. - then, in case of the State Government, such officer as may be authorised in this behalf by the State Government, by notification in the Official Gazette, and in the case of the corporation or the company, the Managing Director thereof, may without prejudice to any other mode of recovery under any other law for the time being in force, send a certificate to the Collector, mentioning the sum due from such person and requesting that such sum together with the costs of the proceedings or any other sum, be recovered as if it were an arrear of land revenue.(2)The Collector on receiving the certificate under sub-section (1) shall proceed to recover the amount stated therein as an arrear of land revenue.(3)Nothing in sub-section (1) shall affect any interest of the State Government, a corporation or a Government company, in any property created by any mortgage, charge, pledge or other encumbrance.(4)Where the property of any person referred to in sub-section (1) is subject to any mortgage, charge 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, as the case may be,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 property are less than the sum due, proceedings may be taken against the other property of such person.Provided that where the State Government is of the opinion that it is necessary to do so far safe-guarding the recovery of the sum due to it or to the corporation or government company, as the case may be, it may, for reasons to be recorded, direct proceeding to be taken simultaneously for the recovery of the sum due in respect of goods pledged or hypothecated, the immovable property, mortgaged, charged or encumbered and other property of such person.
