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State of West Bengal - Section

Section 35 in The Bengal Agricultural Debtors Act, 1936

35. Bar to execution of certain decrees and certificates. -

Notwithstanding anything contained in any Act, no decree of a Civil Court or certificate under the Bengal Public Demands Recovery Act, 1913, shall be executed-
(i)for the recovery of a debt included in an application under section 8 [or under sub-section (2) of section 37A] [Inserted by Bengal Act 2 of 1942.] or in a statement under sub-section (1) of section 13, until-
(a)the application has been dismissed by the Board in respect of such debt; or
(b)an award in which such debt is included has ceased to subsist under sub-section (5) of section 29;
(ii)except as provided in clause (a) of sub-section (1) of section 29, for the recovery of arrears of rent which became due from a debtor [on or after the first day of January, 1940, or] [Inserted by Bengal Act 8 of 1940.] after the date of an application under section 8 in respect of his debts, unless notice of such decree or certificate has been given to the Board in the prescribed manner, and three months have elapsed since such notice was given;
(iii)for the recovery of [any sum in respect of any loan other than a loan recoverable as a public demand] [Words substituted by Bengal Act 8 of 1940.] incurred by a debtor [on or after the first day of January, 1940, or] [Inserted by Bengal Act 8 of 1940.] after the date of an application under section 8 in respect of his debts, until all the amounts payable under the award have been paid or such award has ceased to subsist under sub-section (5) of section 29.