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[Cites 0, Cited by 0] [Section 3] [Entire Act]

State of Himachal Pradesh - Subsection

Section 3(4) in The Himachal Pradesh Public Moneys (Recovery of Dues) Act, 1973

(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.