section 26
Recovery of money due to the Corporation
The Himachal Pradesh Scheduled Castes Development Corporation Act, 1979General197940 sections
Statutory text
- (1) Where any amount is due to the Corporation from any person including the surety of a debtor, in respect of loans or advances or other financial accommodation granted by it, such amount shall, on a certificate being granted by the managing director in the prescribed form, be recoverable as arrears of land revenue by the Collector of the district in which the person from whom the amount is due resides or carries on business or owns any property.
- (2) The certificate by the managing director under sub-section
- (1) shall be final and conclusive and shall not be called in question before any authority or court.
- (3) For the purpose of recovering any amount due to the Corporation in respect of a loan it shall not be necessary to proceed against the principal debtor before proceeding against the surety. 26-A. Recovery of certain dues of banks as arrears of land revenue
- (1) Where a bank, on an application sponsored by the Corporation has, under the tie up arrangements with the Corporation, advanced loan to a person and such person--
- (i) makes any default in repayment of loan or advance including interest, or any instalment thereof; or
- (ii) having become liable either under the conditions of the grant of loan or under section 25, makes any default in the refund or repayment of such loans or any portion thereof; or
- (iii) otherwise fails to comply with the terms of the agreement; then a bank or its authorised officer, by whatever name called, may send a certificate in the form given in the schedule to the Collector mentioning the sum due from such person and requesting that such sum, together with interest accrued upto the date of recovery alongwith the collection charges, be recovered as if it were an arrear of land revenue.
- (2) A certificate sent under sub-section
- (1) shall be conclusive proof of the matter stated therein and the Collector on receiving such certificate shall proceed to recover the amount stated therein as an arrear of land revenue.
- (3) Nothing in this section shall,--
- (a) affect any interest of the State Government, a banking company, a corporation or a Government company in any property created by any mortgage, charge, pledge or other encumbrance; or
- (b) bar a suit or affect any right or remedy against any person referred to in sub-section (1), in respect of a contract of indemnity or guarantee entered in relation to an agreement under this Act or the rules framed thereunder or in respect of any interest referred to in clause
- (a) of this sub-section. 26-B. Collection charges A bank availing the services of the Collector under section 26-A, shall pay collection charges to the Government at such rates as may from time to time be notified by the State Government in the Official Gazette.
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