An Act to provide for the speedy recovery of certain classes of dues payable to the State.
Be it enacted by the Legislative Assembly of Himachal Pradesh in the Twenty-fourth Year of the Republic of India as follows:
(1) This Act may be called the Himachal Pradesh Public Moneys (Recovery of Dues) Act, 1973.
(2) It extends to the whole of Himachal Pradesh.
(3) It shall come into force at once.
In this Act, unless the context otherwise requires,
(a) financial assistance means any financial assistance rendered
(i) for the purposes of vocational or technical training; or
(ii) for the construction of residential buildings; or
(iii) for providing drinking water kuhl or pipe line; or
(iv) for the development of animal husbandry, agriculture or horticulture; or
(v) for establishing, expanding or running any village or cottage industry; or
(vi) for purposes of any other kind of planned development; or
(vii) for relief against distress; or
(viii) for loan under the National Loan Scholarship Scheme;
(b) State Government means the Government of Himachal Pradesh.
(1) Where any person is a party
(a) to any agreement relating to a loan, advance, grant, stipend or scholarship given to him by the State Government by way of financial assistance; or
(b) to any agreement relating to a guarantee given by the State Government in respect of a loan; or
(c) to any agreement providing that any money payable thereunder to the State Government shall be recoverable as arrears of land revenue; or
(d) to any agreement to sell or distribute goods or any other article supplied by or through the State Government;
and such person
(i) makes any default in the repayment of the loan, advance, stipend or scholarship or any instalment or interest thereof; or
(ii) having become liable under the conditions of the grant to refund the grant or any portion thereof, makes any default in repayment of such grant or portion or instalment thereof; or
(iii) having become liable to pay the price of the goods or any other article or interest thereof, fails to pay the same or part thereof or
(iv) otherwise fails to comply with the terms of the agreement,
then, such officer as may be authorised3 in this behalf by the State Government, by notification in the Official Gazette, may, without prejudice to any other mode of recovery under any other law for the time being in force, send a certificate to the Collector, mentioning the sum due from such person and requesting that such sum together with the costs of the proceedings or any other sum, be recovered as if it were an arrear of land revenue.
(2) The Collector on receiving the certificate under sub-section (1) shall proceed to recover the amount stated therein as an arrears of land revenue.
1. For statement of Objects and Reasons, see R.H.P. Extra., dt. 28th April, 1973, P. 637.
2. Received the assent of the Governor on 26th November, 1973, and was published in R.H.P. Extra., dated the 4th December, 1973, P. 1797-1799
3. For such authorisation, see Not repro at P. 724.