Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697803211809.pdf (India)
THE REDEMPTION OF MORTGAGES ACT, 1971 (HIMACHAL PRADESH) (Arran~t or Clauses) SECTIONS 1.

Short litle, extent, commencement and limitation of scope of Act to certain mortgages.

2.

Definitions.

3.

Application Qf certain sections of the Punjab Tenancy Act, 1887 and the Himachal Pradesh Act No.

15 of 1954.

4.

Petition for redemption, verification, deposit and particulars to be contained in petition.

to be summoned.

is absent and mortgagee present.

is present and mortgagee absent.

5.

Mortgagee 6.


Procedure when petitioner 7.

Procedure when petitioner 8.

Procedure when both parties are in attendance, order 9.

Procedure in contentious cases.

la.

Inquiry into objection raised by mortgagee.

11.

12.

Saving of suits to establish rights and setting aside ex-porte orders or orders of dismissal.

Inquiry regarding for redemption sum due.

., 13.

No second petition.

14.

Return of deposit.

1'5.

Deposit not to pe attached.

16.


CesSj)tion of interest.

17.

Power to make rules.

18.

Repeal and savings.

THE REDEMPTION OF MORTGAGES ACT,1971 (ACT NO.

13 of 1971)1 (HIMACt~AL PRADESH) Received the assent of the Governor on the 20th October, 1971.

An Act to provide a sum'!lary procedure for the redemption of certain mortgages of land in Himachal Pradesh.

Be it emacted by the Legislative Assembly of Himachal Pradesh in the Twenty-second Year of the Republic of India as follows~- 1.
Short title, extent, commencement and limitation of scope of Act to certain mortgages - (1) This Act may be called the ~d~mptiol'l of Mortgages (Himachal Prad~sh) Act, 1971.

(2) It extends to the whole of Himachal Pradesh.

(3) It sholl corne into force at once.


(4) It sholl apply only to mortgages of lond- (0) in which, wnatever the mortgage money, ·the land mortgaged, land of the village or of a sub-division of the village appertaining in area of SO acres; .or in wnich, whatever the area the principal money secured under .

(b) after excluding the area of any share in the common therewith, does not exceed thereto and mortgaged the mortgage does not exceed 5,000 rupees.

2.
Definitions ..••..In this Act, unless there is something repugnant in the subject or context,- (1) (2) (3) purposes or purposes subservient to agriculture or for posture, and includes- the expression "'and" means land which is not occupied as the site of any building in a town or village and is occupied or leffor agricultural (0) the sites of buildings and other structures on such land; (b) a snare in the profits of on estate or holding; (c) any dues or any fi~ed percentage of the land revenue payable to land-owner; (d) a right (e) any right (f) the expression "Collector" is situated, and sholl "prescribed" to water enjoyed by !
;le owner, or the occupier of include on Assistant Collector of the 1st grade; snoll mean prestribed by rules mode under the District in which the mortgaged sholl mean the Collectorof any right of occupancy; property or any port land as such; and to receive rent; this Act.

thereof 3.

Application of certain sections of the Punjab Tenancy Act, 1887 and the Himochql Pradesh Act No.
15 of 1954.,--Subject to ' the provisions of sections 79,85, 86, 87, 89, 90, 91, 92 and 101 ohhe Punjab the provisions of this Act and the rules thereunder, Tenancy Act, 1887, as applicable to the areas'added to Himachal Pradesh under section 5 of the Punjab Re-organisotion Act, 1966 and sections 113, 119, ) 20, 121, 123, 124, 125, 126 and 135 of the Himochal Pradesh Aboljti09 of Big Landed Estates and Land Reforms Act, 1953, as in force in the areas comprised in Himachal Pradesh immediately before 1st November 1966, sholl, so for as may be, apply to all proceedings of a Collector under this Act in the respective areas.
4.

Petition for redemption, verification, deposit and particulars to be contained in petition.

- The mortgager or other person entitled to institute.a suit for redemption may, at any time after the princiPal money becomes payable and before a suit for redemption IS barred, present a petition to the Collector applying for on o~der directing that his mortgage be redeemed.

and property.
and property.

The petition shall be duly where the mortgage is with possession that he be put in possession of the mortgaged verified in the manner prescribed by law for the verification of plaints, and shall state.

the sum which the petitioner declares to the best of his belief the same time deposit such sum with the Collector.

to be due under the mortgage.

The petitioner sholl at ~ The petitioner sholl state in his petition such particulars and file therewith such documents as may be prescribed.

5.
5.

Mortgagee to bfi summoned.

- When the petition has been duly presented and the deposit has been mode, the Collector shall issue to the mortgagee a summons to appear on a date to be therein specified ...E~ry summons sholl be accompanied by 0 copy of the petition, with the dote of deposit endorsed thereon.

6.
Procedure when petitioner is absent and mortgagee present.- Where the mortgogee appears and the petitioner does the Collector shall, unless he adjourns the proceedings, make an order not appear when the petition is called on for hearing, that the petition be dismissed, unless the mortgagee admits the claim, in which case the Collector sholl make on order- {a) that thel'!lortgage be redeemed; (b) ~hat where the mortgage is with possession the mortgagor be put in possession of the mortgaged property os against the mortgagee; " .
(c) (d) that the mortgagee deposits with thE;!Collector it be delivered petitioner; to the the mortgage-deed, if any.

if then in his possession or power, and that .

that subject him: to the ~ortgoge-deed, it'any, being so deposited by the mortgagee the sum in deposit be paid to - Provided that no such order shall be mode inconsistent with any condition of the mortgage whereby a season orperiod of the year is fixed for redemption or for surrendering possession.

7.
7.

Procedure when petitioner is present and mortgagee absent.

- When the petitioner appears, but the mortgagee does not the Collector shall, unless he adjourns the proceedings, is entitled to redeem the mortgaged property, and (b) whether inquire in a summary the sum deposited by the appear, when the petition is called on for hearing, manner the petitioner (a) whether petitioner is the sum rightly due under the mortgage.
If the Collector If the Collector is not satisfied that is satisfied that the petitioner the petitioner is entitled to redeem, he sholl dismiss the petition.

mortgage, he sholl make an order as laid down in clauses (0), (b), is entitled to redeem, and theit the sum deposited is the sum rightly due under the (c) and (d) of section 6 of this Act.
If the Collector is satisfied that petitioner is entitled to redeem, but is of opinion that asum larger thon that in depOsit is due the mortgage, under together with any further sum which may be due on account of interest up to the date of deposit.
deposit within such period or such further period not exceeding 30 days, as the Collector may fix, the Collector sholl ~ke fix a period not exceeding 30 days within which the petitioner If the petitioner makes such an the difference, shall deposit he shall order in monner aforesaid.

If the petitioner foils to make such deposit within the period fixed; the Collector sholl dismiss the petition.

8.

Procedure when both parties a re 'in attendance, orderfor redemption.
-Where called on for hearing, the Collector sholl inquire from thembrtgogee whetherneadmitstnotthepetitionerisentitlecl both parties appear when the petition is to redeem, wliether he is willmgto accept the sum in deposit in full discharge ohlle mortgage debt, and where the mortgage is with p,ysession whether he is willing to surrender possession of the mortgaged property.

If the mortgagee replies in the affirmative.
the Collector shall make on order as laid down in clauses (a), (b), (e) and (d) of section 6 of this Act If the mortgagee Collector shall admits the petitioner's in deposit, inquire from the petitioner whether he is willing to pay such larger sum, and if he replies iq the affirmative, title to redeem, but demands payment of a sum larger than that the the Collector shall further fix a period not exceeding 30 days within which the petitioner ';um wh;ch may be due on account of interest upto the date of deposit.
together with any shall deposit IHhe petitioner makes such deposit within such the difference, period or such'further period not exceeding 30 days, as the Collector may fix, the Col~tor clauses (a), (b), (c) and (d) of section 6 of fhis Act.

shall make on order as laid down IT, If the petitioner foils to make such deposit within the period fixed, the Collector sholl dismiss the petition.

9.
9.

Procedure in contentigustases.-If the mortgagee or if the petitioner recorded dismiss the petition, or(b) make a summary'inquiry sum due.

is not willing to pay the sum demanded by the mortgagee, raises objection on any ground other than the amount of the deposit, the Collector may either (0 ~for reasons to be regarding the objection raised by the mortOGlee or regarding the 10.
Inquiry into objection Collector is of opinion that raised by mortgagee.-If the it bars redemption or is 0 sufficient cause for not proceeding further with thft""'_ he shall dismiss Cl" order as laid if he is not of thot opinion, he sholl, unless he dism!sses the petition under section 1 t ""e any objection 50 rai&e41ay •••• mortgagee on inquiry regarding the petition; down in douses (a), (b), (c) and (d) of section 6 of·fhis Act.

tlut 11.
tlut 11.

Inquiry regarding sum rightly due under sum due.-If is of opinion that the sum deposited is the the mortgage, he sholl, unless he dismisses the petition under section 10, make an order as laid down in on inquiry regarding the sum due the Collector clauses (a), (b), deposited by.
the-petitioner, (c) and (d) of section 6 of this Act, but thon the sum deposited should be he shall, unless he dismisses the petition under section 10, fix a period not exceeding 30 days within if he is of opinion thot a sum larger which the petitioner shall depositthe difference, together with any further sum which may be due on account of interest upto the date of the deposit.
Collector may fix, the Collector shall make on order as laid-down If the petitioner makes such deposit within such period or such further period not exceeding 30 days, as the in c1buses (a), (b), (c) and (d) of section 6 of this Act.

If the petitioner fails to make such deposit within the period fixed, the Collector shall dismiss the petition 12.
Saving of suits to establish rights and setting aside ex-porte orders or orders of dismissal.-Any party aggrieved by an order mode under sections 6, 7, 8, 9, 10 or 11 of this Act may institute a suit to establish !lis rights in respect of the mortgage, but, subject to the result of such suit, if any, the order shall be conclusive.
Notwithstanding anything in this section a mortgagee against whom an ex-porte order under section 7 has been made or a petitioner whose petition has been dismissed in default under section 6 Inay apply to the Collector to have such order or dismissal set aside, and the Collector may in his discretion set aside, such order or dismissal on such terms as to costs or otherwise as he may deem fit: Provided that the order or dismissal shall not be set aside unless notice of the applicotion has-been served on the opposite party.
13.

No second petition.

petitioner or his representative in respect of the some mortgage.

- The dismissal of a petition under this Act sholl bar any further petition under this Act by the so me 14.

Return of dep~sit.-If the Collector dismisses' a petition under this Act, he shall order that the sum deposited by the petitioner be returned to him.

15.

Deposit not.to be attached.


- No sum deposited with the Collector by a petitioner undE!r the provisions of this Act shall be attached by any Court or Revenue Officer.

16.

Cessation of interest.

'7'" When the petitioner has deposited with the Collector or is found by the Collector •• martgage, and such sum is occepted by the mortgagee, the sum declared by him to be due on the interest on the to be the sum actually due, mortgage sholl cease from the dote of the deposit.
Where the <::ollector finds that a further sum is due and the petitioner deposits such further sum, interest shall cease flom the dote of such further deposit: Provided that nothing in this section shall be deemed to deprive the mortgagee of his right to interest when th~re exists a contract that he sholl be entitled to reasonable notice before payment or tender of the.
mortgage money: Provided further that where a suit is instituted under- section ·12, the court may pass such order as to interest as it deems fit.

17.

Power to make rules.-( 1) The State Government moy, by notification in the Rajpatra, Himachal Pradesh, make rules for carrying out the purposes of this Act.
(2) Every rule made under this Act sholl be loid, as soon as may beaher it is made, before the Legi'Slative Assembly while it is in session for a total period of not less thon fourteen days which moy be comprised in one session or in two or more successive sessions and if before ·the expiry of the session in which ·it is 'SO laid or the sessions aforesaid, the Assembly makes any modification in the rule or decides that the rule should not be mode, the rule sholl thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such Illodification or annulment sholl be without prejudice to the validity of anything previously done under that rule.
18.
Repeal allld savings.- The Redemption of Mortgages (Punjab) Act, 1913 as applied to Himachal Pradesh by the Himachal Pradesh (Application the areas added to Himachal of Laws) Order, 1948 and the Redemption of Mortgages (Punjab) Act, 1913 in its application to ,Pradesh by section 5 of the Punjab Re-organisation Act, 1966 are hereby repealed: Provided that anything ,lone or any action taken or rules made or notification issued in exercise of the powers conferred by the provisions of the Acts so repealed to the extent of their being consistent with th~ provisions 'ofthis Ad, sholl be or under deemed to have been dor e, taken, made or issued in exercise of the powers conferred by or under issued.
inforce on the day on whi,:h such thing was done, action taken, rules mode or notification ./ this Act, as if this Act was THE REDEMPTION OF MORTGAGES (HIMACHAL' PRADESH) RULES, 1972 ARRANGEMENT OF RULES RULES: 1.

Short title, extend and commencement.

2.

Definitions.

3.

Form of petition and court-fees thereon.

4.

Number of Mortgagors S Registering of petition and issue of notice.

to join a petition.

,- 6.

Procedure.

7.

Verification.

of.written statement.

8.

Appearance in the proceedings.


9 .. Production of evidence and further enquiries.

10.

Deposit of sum due under mortgage.

11.

Payment of sum deposited.

Form A NOTIFICA TlONS AND RULES UNDER THE REDEMPTION OF MORTGAGES (HIMACHAL PRADESH) ACT, 1971 THE REDEMPTION OF MORTGAGES (HIMACHAL PRADESH) RULES, 1972 REVENU~ DEPARTMENT NOTIFICA TlON Shim/a-2, the 30th October, 1972 No.
10·23/71-Rev.A.-ln exercise of the powers vested in it under section 17 of the Redemption of Mortgages Pradesh) Act, 1971 (Act No.

12 of 1971), the Government of Himachal Pradesh is pleased to makf?

the following (Himachal rules:- 1.

Short title.

extent and commencement -(-1) These rules sholl be called the Redemption of Mortgages (Himachal Pradesh) Rules, 1972.

(2) They extend to the whole of Himachal Pradesh (3) :rhey shall come into force at once .2.

Definitions.
Definitions.

-In these rules unless there be anything repugnant in the context.- (0) "Act" means the Redempt40n of Mortgoges (Himachol Pradesh) Act, 1971; and (b) "petition" means 0 petition under section 4 of the Act.

3.

Form of Petition and Court-fees thereon - (1) A petition shall be mode in the Form 'A' attached to these rules, signed and verified as laid down in Order VI, rules 14 and 15 respectively, of the Code of Civil Procedure, 1908.
"(2) A petition shall bear the court-fee prescribed by Article l(b) 0.1Schedule II to the Himachal Pradesh Court-fees Act, 1968 (No.8 of 1968) and be accompanied by an attested copy of the latest Jamabandieritry relating to tbe land, and a copy of the mutation creating·the mortgage.
These shall be also filed as many copies of the petition as is the number of persons mentioned in columns (2) and (3) of the petition: Provided that if the petitioner is unable to supply the copies of the latest Jamobandi and the mutotion crE19ting the mortgage - he sholl pay a fee of Rs.2 and the CQllector shall get those copies from his office within 30 days of the date of thedepasit of the fee."

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