The Haryana Validation of Octroi and Surcharge Act, 1980 (7 of 1980)

Tr ir
Raid. No. My/CIL3
0:13:m:rant gagttz
EXTRAORDINARY
Pu b lish ed by Authorqr
Govt. of Harwar o,
-
CHANDIGARH, WEDNESDAY, OCTOBER 24, 1979
(KARTIK A 2, 1901 SAKA)
im..-••••ar.=••
LEGISLATIVE SUPPLEMENT
CONTENTS.,
Pages
Part I Ada
1. The Haryana Public Moneys (Recovery of Dues)
Act, 1979.
(Haryana Act No. 24 of 1979) 7 5 - 7 7
Part II Ordinances
Nil
Part III Delegated Legislation
Mi
Part IV Correction Slips, Rep iblication3 a31 Rept.iza nants
1 V 1 1
Price —60 Pais* ( x i i i )

HARYANA GOVT GAZ. (EV i RA.\ OCT. 241, 1979 75
(KARTIK -, 1901 SAKA)
PART 1
LEG-ISLA TIVF PUPA RTMFAT
Notification
The 24th t ')ef oh, r, 14.9
No. 34-Leg.r19.—The fullovsittv Act of the Legislature of the
State of Haryana received the a-seut of the Governor of Haryana on
the 22nd October, 19-/9 triti is nerob published ror general infor-
mation :-
Haryana Act No. 24 of 1979
THE HARYAINY\ PUMA(' MONEYS tR1.( ()VERY OF DUES)
1979.
to provide for the speedy
AN
ACT
recover.v of certain elaiwes of dues.
BB it enacted by the Legislature of the State of Haryana in the
Thirtieth Year of the Republic of India as follows :-
1. This Act may be called the ittry'anu Public Moneys (Recovery Short title.
of Dues) Act, 1'979.
2. In this Act, unless the coutext otherwise requires,—
(a) "Collector - means a Collector of the district and iacludes any
person appointed by the State Government to perform the
functions of a Collector under this Act;
(h) "Corporation - means. the Haryana Financial Corporation
established under the State Financial Corporations Act, 1951,
and includes any other Corporation owned or controlred
by the Central Government or the State Government which
the State Government may, by notification, specify;
(e) "Defaulter" means a person who, either as principal or as surety,
IS a party --
(1) to any agreement relating to a loan, advance or grant given
under that agreement or relating to credit in respect of,
or relating to hire-purchase of, goods sold by the State
Government or the Corporation, by way of financial
assistance; or
(11)to any agreement relating to a loan, advance or grant given
under that agreement or relating to credit in respect of,
or relating to hire-purchase of, wads sold by a Government
company under the State -sponsored scheme ; or
(fin to any agreement relating to a. guarantee given by the State
Government or a Corporation in respect of a loan raised
by an industrial concern ;  o r l *
Definitions.

7e HARYANA GOV'T GAZ. (EXTRA.), OCT. 24, 1979
(KART1KA 2, 1901 SAKA)
f l ow e t ami app ag aM M EN N Eam. •
(Iv) to any agreement providing that any money payable there-
under to the State Government hall he reeoverable as
arrears of land revenue,
and such person makes any default in repayment of the
loan or advance or any instalment thereof or, having become
liable under the conditions of the grant to refund the grant
or any portion thereof, makes any default in the refund of
such grant or portion or any instalment thereof or otherwise
fails to comply with the terms of the agreement ;
(d) "financial assistance" means any financial assistance—
(1) for establishing, expanding, modernising, renovating or running
any industrial undertaking ; or
(if) for the purposes of vocational training ; or
OM for the development of agriculture, horticulture, animal hus-
bandry or agro-industry ; or
(Iv) for the purposes of any other kind of planned development ;
o r
(v) for relief against distress ;
(e) "Government company" means a Government company as
defined in section 617 of the Companies Act, 1956 ;
(.0 "industrial concern" has the meaning assigned to it in the State
Financial Corporations Act, 1951. as amended from time to
time;
(g) "industrial undertaking" includes any undertaking for the mann-
facture, preservation, storage or processing or goo ds,o r mining,
or the hotel industry, or the transport of passengers or
goods, or the generation or distribution of electricity or any
other form of power, or for the development of any
contiguous area of land as an indutrial e,tate.
Explanation.—The expression "processing of goods" includes any
act or process for producing, preparing or making an article
by subjecting any material to a manual, mechanical, chemical,
electrical or any other like operation ;
(M "State -sponsored scheme" means a scheme poiisored by way
of financial assistance by the State Government under which
the State Government either—
(1) advances money to a Government company for the purposes
of disbursing loans, advances or grants or for the purposes
of sale of goods on credit or hire-purchase ; or
(ii) guarantees or agrees to guarantee the repayment of a loan,
advance or grant or the payment ofthe price of goods sold
on credit or hire-purchase.

HARYANA GOVT GAZ. (EXTRA.), OCT. 24, 1979 77
(KAR TIKA. 2, 1901 SAXA)
V a . , M 11• 1d . . ••  .  a • - E a • a
3. (1) Where any sum is recoverable from a defaulter—
(a) by the State Government, such officei as it may, by notifi-
cation, appoint in this behalf;
(b) by a Corporation in a Govetnment ec ,mpany, the Managing
Director thereof,
shall determine the sum due from the defaulter.
(2) The Officer or the Managing Director, as the case may be, referred
to in sub -section (1), shall send a certificate to the Collector mentioning the
sum due from the defaulter and reque•Ang that such sum together with the
cost of proceedings be recovered as if it were an arrear of land revenue.
(3) A certificate sent under sub -section (2) shall he conclusive proof
of the matters stated therein and the Collector, on receipt of such certificate,
shall proceed to recover the amount stated therein as an arrear of land
revenue.
Recovery of
certain dues
a9 arrears of
land revenue.
(4) No civil court shall have jurisdiction—
(a) to entertain or adjudicate upon any case ; or
(b) to adjudicate upon or proceed with any pending case,
relating to the recovery of any sum due as aforesaid from the defaulter. The
proceedings relating to the recovery of the sums due from the defaulters,
pending at the commencement of this Act in any civil court, shall abate.
4. (1) Nothing in section 3 shall affect any interest of the State Govern- Sayings.
inent, a Corporation or a Government company, in any property created by
any mortgage, charge, pledge or other encumbrance.
(2) Where the property of any person referred to in section 3 is subject
to any mortgage, charge, pledge or other encumbrance in favour of the
State Government, a Corporation or a Government company, then in every
ease of a pledge or hypothecation of goods, or a mortgage, charge or other
encumbrance on immovable property, such property or, as the case may be,
the interest of the defaulter therein, shall first be sold in proceedings for
recovery of the sum due from that person, and if the proceeds of the sale of
the aforesaid property are less than the sum due, proceedings may be taken
against the other property of the defaulter:
Provided that where the State Government is of the opinion that it is
necessary so to do for safeguarding thi recovery of the sum due to it or to
the Corporation or Government company, as the case may be, it may, for
reasons to be recorded, direct proceedings to be taken simultaneously for the
recovery of the sum due in respect of the goods pledged or hypothecated, the
immovable property mortgaged, charged or encumbered and other
property of the defaulter.
B. S. YADAV,
Secretary to Government, Haryana,
Legislative Department.
39070 1...R. (H)—Govt. Press, Chd.

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