section 5
Remedy by attachment if loan not repaid.
The Jammu and Kashmir Local Authorities Loans Act, 1940If any money borrowed in accordance with the provisions of this Act or any interest or costs due in respect thereof, is or are not repaid according to the conditions of the loan, the Government, if itself the lender may, and, if the Government is not the lender. shall, on the application of the lender, attach the funds on the security of which the loan was made. After such attachment, no person, except an officer appointed in this behalf by the Government, shall, in any way deal with the attached funds ; but such officer may do all acts in respect thereof which the iorrowers might have done if such attachment had not taken place, and may apply the proceeds in satisfacti~~l of the loan and of all interests and costs due in respect thereof and of all expenses caused by the attachment and subsequent proceedings. Attachment not to defeat prior charges legally made.-Provided that, no such attachment shall defeat or prejudice any debt for which the funds attached were previously pledged in accordance with law; but all such prior charges shall be paid out of the proceeds of the funds before any part of the proceeds is applied to the satisfaction of the liability in respect of which such attachment is made.
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