Amendment status not verified — confirm the current text below against the official source.
Protection of agricultural land of debtor form sale or transfer.- (1) Notwithstanding anything contained in this Act or in any other enactment for the time being in force, a final decree for fore-closure shall not be passed in respect of the agricultural land of a debtor in a suit to which this Act applies. Nor shall such land be sold or otherwise transferred in execution of a decree to which this Act applies: Provided that the court may execute a decree to which this Act applies by granting to the decree-holder a self-liquidating usufructary mortgage of such land for such period as the Collector may decide under sub-section (4), subject to the provisions of sections 16 and 17: 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 the previous mortgage or mortgages exceed twenty years. (2) The form, terms and conditions of a mortgage granted under the first proviso to sub-section (1) and the amount to be paid by the debtor at anytime for the redemption of such mortgage shall be such as may be prescribed. (3) Notwithstanding anything contained in the Code of Civil procedure, 1908 or any other law for the time being in force, whenever a civil court orders that the land be attached and alienated temporarily in the execution of a decree for the payment of money, the proceedings of such attachment and alienation shall be transferred to the Collector. (4) On the proceedings being transferred to him by the civil court the Collector shall decide the period of alienation, which shall not exceed twenty years and shall inform the civil court of his decision as well as of the decision THE HIMACHAL PRADESH DEBT REDUCTION ACT, 1976 8 or order under sections 16 and 17.