Bare ActsThe UNITED PROVINCES DEBT REDEMPTION ACT, 1940

Section 17

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(1) Notwithstanding anything contained in section 16 or in and other law for the time being in force — (a) the land of an agriculturist, the local rate payable by whom or recoverable from whom does not exceed twenty-five rupees per annum, shall not be sold or otherwise transferred in execution of a decree to which this Act applies, nor shall a final decree for foreclosure be passed in respect of such land, and Protection of certain land from sale or transfer (b) in the case of any other agriculturist — (i) only so much of his land may be sold or otherwise transferred in execution of a decree to which this Act applies ; or (ii) a final decree for foreclosure may be passed in respect of only so much of his land, as would, after such sale or transfer or foreclosure leave with him land the local rate payable in respect of which would be at least rupees twenty- five per annum : Provided that in the permanently settled areas of the Benares Division and the Azamgarh District the local rate on the agriculturist’s land shall, for the purposes of this section, be deemed to be twice the local rate actually payable on it ; 1[(Provided further that in Oudh the local rate recoverable from an under-proprietor shall , for the purposes of this section, be deemed to be the local rate payable by the superior-proprietor as such) ; Provided [also]2 that the court may execute a decree to which this Act applies by granting to the decree-holder a self-liquidating usufructuary mortgage, for a period of not more than twenty years, of such land as is protected from sale, transfer or foreclosure by the provisions of this section ; ——————————————————————————————————————————

Section 17 – The UNITED PROVINCES DEBT REDEMPTION ACT, 1940 | DailyLaw.ai