Bare ActsThe Himachal Pradesh Transfer of Land (Regulation) Act, 1968

Section 8

Right, title or interest held by persons belonging to Scheduled Tribes in land not tobe attached

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Right, title or interest held by persons belonging to Scheduled Tribes in land not tobe attached.-15[(1)] No right, title or interest held by a person belonging to Scheduled Tribe in any land shall be liable to be attached or sold in execution of any decree or order in favour of any person not belonging to a Scheduled Tribe of any court except when the amount due under such decree or order. is due to the State Government or to any Co- 12 Section 6 substituted by H.P. Act. No.2 of 2003 published in RH.P. (Extra-ordinaiy) on 12-3-2003 at page 3626. 13 New Section 6-A inserted by H.P. Act. No.2 of 2003 published in R.H.P. (Extra- ordinary) on 12-3-2003 at page 3626. 14 Section 7 substituted by H.P. Act. No2 of 2003 published in R.H.P. (Extra- ordinary) on 12-3-2003 at page 3626. 15 Section 8 re-numbered as sub-section (1) by H.P. Act. No. 16 of 1986 published in R.H.P. (Extra-ordinary) on 2-7-1986 at page 116. operative Land Mortgage Bank or Co-operative Society. 16[(2) Notwithstanding anything to the contrary contained in the Code.of Civil Procedure or any other law for the time being in force, any court, 5 of 1908vested with the appellate or revisional jurisdiction, may, either on its own motion or on an application moved to it by any person belonging to a Scheduled Tribe, set aside any sale of his property in execution of a decree in favour of a person not belonging to a Scheduled Tribe. Explanation.-For the removal of doubts, it is hereby declared that the court shall not refuse to take cognizance of an application, or refuse, to exercise the power conferred upon it, under this sub-section, simply for the reason that the applicant or the person to whom the property in question belonged failed to raise the objection so that extent before the court which either passed the decree or passed any order in execution proceedings thereof.] 17[8-A. Amendment of the Limitation Act, 1963, in its application to proceedings under section 8.-In the Limitation Act, 1963 in its 36 of 1963application to the proceedings under section 8, in the Schedule, after the words 'Twelve years' occurring in the second column against article 65, the words, brakets and figure but 'thirty years' in case of immovable property belonging to a member of a Scheduled Tribe specified in relation to the state of Himachal Pradesh in the Constitution (Scheduled Tribes) Order 1950, shall be inserted.]

Section 8 – The Himachal Pradesh Transfer of Land (Regulation) Act, 1968 | DailyLaw.ai