(1) If the arrear cannot be recovered by any of the processes hereinbefore
provided, or if the 1[Divisional Commissioner] considers the enforcement of
any of these processes to be inexpedient, the Collector may, where the defaulter
owns any 2[x x x] estate or holding or any 2[x x x] immovable property, proceed
under the provisions of this Act against that property as if it were the land in
respect of which the arrear is due :
Provided that, no interests save those of the defaulter alone shall be so proceeded against, and no encumbrances created, grants made, or contracts entered into by him in good faith shall be rendered invalid by reason only of his interests being proceeded against.
(2) When the Collector determines to proceed under this section against immovable property 3[x x x], he shall issue a proclamation prohibiting the transfer or charging of the property.
(3) The Collector may at any time by order in writing withdraw the proclamation, and it shall be deemed to be withdrawn when either the arrear has been paid or the interests of the defaulter in the property have been sold for the recovery of the arrear.
(4) Any private alienation of the property, or of any interest of the defaulter therein, whether by sale, gift, mortgage or otherwise, made after the issue of the proclamation and before the withdrawal thereof, shall be void.
4[(5) In proceedings against property under this section, the Collector shall follow such procedure as may be laid down under rules.]
Provided that, no interests save those of the defaulter alone shall be so proceeded against, and no encumbrances created, grants made, or contracts entered into by him in good faith shall be rendered invalid by reason only of his interests being proceeded against.
(2) When the Collector determines to proceed under this section against immovable property 3[x x x], he shall issue a proclamation prohibiting the transfer or charging of the property.
(3) The Collector may at any time by order in writing withdraw the proclamation, and it shall be deemed to be withdrawn when either the arrear has been paid or the interests of the defaulter in the property have been sold for the recovery of the arrear.
(4) Any private alienation of the property, or of any interest of the defaulter therein, whether by sale, gift, mortgage or otherwise, made after the issue of the proclamation and before the withdrawal thereof, shall be void.
4[(5) In proceedings against property under this section, the Collector shall follow such procedure as may be laid down under rules.]
1. Substituted by Act XI of 1956 for “Commissioner”. 2. The word “other” omitted by Act X of 2005, s. 9. 3. Omitted by Act X of 2005, s. 9. 4. Sub-section (5) substituted by Act X of 2005, s. 9.