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The Bihar Agricultural Credit Operations and Miscellaneous Provisions (Banks) Act, 1977

Bihar · state statute
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The Bihar Agricultural Credit Operations and Miscellaneous Provisions (Banks) Act, 1977 
 
1.  Short title,  extent and commencement 
 
2.  Definition. 
 
3.  Removal of restrictions on  alienation. 
 
4.  State Government may by notification vest agriculturists not having alienable rights with  such rights. 
5.  Charge on  crops and other movable property in favour of a bank. 
 
6.  Creation of charge on  land in favour of a bank by declaration. 
 
7.  Removal of disability in creation of charges and mortgages. 
 
8.  Priority of charges and mortgages in favour of Government, a bank and a co-operative society. 
9.  Registration of charges and mortgage in favour of banks. 
 
10. Noting of charge or mortgage created in favour of a Bank  in the record of rights. 
11. Restriction on  creation of tenancy by an agriculturist borrower. 
 
12. Removal of bar to attachment and sale by process of court. 
 
13. Right of a bank to acquire and dispose of immovable property. 
 
14. Exemption to banks from restriction on  acquisition of land in excess of ceiling. 
15. Bank eligible to become member of a co-operative society 
 
16. Power of co-operative societies to borrow from banks. 
 
17. Inspection of books of co-operative society by a bank. 
 
18. Disputes between a bank and co-operative society. 
 
19. Settlement of dispute. 
 
20. Procedure for hearing of dispute. 
 
21. Decision of Registrar or any  person exercising the powers of Registrar or arbitrator/arbitrators. 
22. Recovery of money awarded. 
 
23. Powers of a bank to proceed against defaulting members of a cooperative society.  
24. Audit, inspection and inquiry reports of societies to be available to banks. 
 
25. Exemption from legislation's relating to money-lending and agriculturists' debt relief. 
26. Mortgages executed by Karta of Joint Hindu Families. 
 
27. vf/kfu;e 32] 1956 dh /kkjk 8 dk mikUrfjr :i esa ykxw gksuk 
 
28. Power of State Government to make rules. 
29. Power of State Government to make rules.   
The Bihar  
Agricultural Credit Operations and Miscellaneous 
Provisions (Banks) Act, 1977 
 
(Bihar Act 7 of 1982) 
 
Published in Bihar Gazette (extra-ordinary) dated 30.1.1983. 
 
An  Act  to  make  provisions  to  facilitate  adequate  flow  of  credit  for  agricultural  production  and 
development through Banks and other institutional credit agencies and for matters connected therewith 
and/or incidental thereto. 
Be it enacted by the Legislature of the State of Bihar in the Thirty-third year of the Republic of India as follows:- 
 
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CHAPTER I 
 
 
Preliminary 
 
 
1. Short title, extent and commencement. - (1) This Act may be called the Bihar Agricultural Credit 
 
Operations and Miscellaneous Provisions (Banks) Act, 1977. 
(2) It extends to the whole of the State of Bihar. 
(3) It shall come into force on such date as the State Government may, by notification in the official 
Gazette, appoint in this behalf and different dates may be appointed for different provisions of the Act 
and for different areas of the State. 
2. Definition. - In this Act, unless there is anything repugnant in the subject or context:- 
 
(a) "agriculture" and "agricultural purpose" shall include making land fit for cultivation, cultivation of 
land, improvement of land including development of sources of irrigation, raising and harvesting 
of crops, horticulture, forestry, planting and farming and cattle breeding, animal husbandry, dairy, 
farming,  seed farming,  pisciculture,  agriculture,  sericulture,  piggery,  poultry  farming  and such 
other activities as are generally carried on by agriculturists, dairy farmers, cattle breeders, poultry 
farmers  and other  categories  of persons  engaged  in similar  activities  including  marketing  of 
agricultural products, their storage and transport and acquisition of implements and machinery in 
connection with any such activity; 
(b) "agriculturist" means a person who is engaged in agriculture;  
(c) "Agro-Industries Corporation" means a company or other body corporate, one of the principal 
objectives of which is to undertake activities connected with or intended for the development of 
agriculture and not less than fifty-one per cent of the paid-up share capital of which is held by the 
Central Government or by any State Government or Government or partly by the Central 
Government and partly by one or more State Government; 
 
(d) "bank" means- 
 
(i) a banking company as defined in the Banking Regulation Act, 1949 (Act X of 1949); 
 
(ii) the State Bank of India constituted under the State Bank of India Act, 1955 (Act XXIII of 
 
1955);  
(iii) a subsidiary Bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (Act 
 
XXXVII of 1959); 
 
(iv) a corresponding  new Bank constituted  under the Banking Companies  (Acquisition  and 
 
Transfer of Undertaking) Act, 1970 (Act V of 1970);  
(v) any banking institution notified by the Central Government under section 51 of the Banking 
 
Regulation Act, 1949 (Act X of 1949);  
(vi)   the   Agricultural   Refinance   and   Development   Corporation   constituted   under   the 
 
Agricultural Refinance and Development Corporation Act, 1963 (Act X of 1963); 
(vii) the Agro-Industries Corporation as defined in clause (c); 
(viii)  Agricultural  Finance  Corporation  Limited,  a  company  incorporated  under  the  Indian 
 
Companies Act, 1956 (Act I of 1956); 
 
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(ix) a Regional Rural Bank established under the Regional Rural Bank Act, 1976 (Act 21 of 
 
1976); 
 
(x) any other financial institution notified by the State Government in the official Gazette as a 
bank for the purpose of this Act. 
(e) "Collector" means the Collector of a district duly appointed by the State Government, which term 
includes Deputy Commissioner of a scheduled district; 
 
(f) "Commissioner" mean the Commissioner of a Division duly appointed by the State Government; 
 
(g) "Co-operative Society"  means a co-operative  society registered  or deemed  to be registered 
under the Bihar and Orissa Co-operative Societies Act, 1935 (B. & O. Act VI of 1935), the object 
of which is to provide financial assistance as defined in clause (i) to its members and includes a 
Co-operative Land Development Bank; 
 
(h) "District Judge" means the District Judge of a district or districts which term includes the Judicial 
Commissioner of Ranchi;  
(i) "Financial assistance" for the purpose of this Act means assistance granted by way of loans, 
advances, guarantees or otherwise for agricultural purposes; and 
(j) "Registrar" means a person appointed to perform the duties of the Registrar of Co-operative 
Societies under the Bihar and Orissa Cooperative Societies Act, 1935 (B. & O. Act VI of 1935). 
 
 
CHAPTER II 
 
 
Rights of Agriculturists to alienate land or interest in land in favour of Banks 
 
 
3. Removal of restrictions on alienation. - Notwithstanding anything contained in any law for the time 
being in force or any custom or usage or tradition, it shall be lawful for an agriculturist whose rights of 
alienation of land or his interest therein, or to create a charge or mortgage on such land or of any 
interest  therein  are restricted,  to alienate  the land or his interest  therein,  or to create a charge  or 
mortgage on such land or interest in favour of a bank for the purpose of obtaining financial assistance 
from that bank. 
4. State Government  may by notification  vest agriculturists  not having  alienable  rights  with 
such rights. - Notwithstanding anything contained in the Bihar Land Reforms (Fixation of Ceiling Area 
and Acquisition of Surplus Land) Act, 1961 (Act XII of 1962) or the Bihar Tenancy Act, 1885 (Act VIII of 
1885) or in any law for the time being in force, the State Government may, by notification in the official 
Gazette, vest (i) under-raiyats of surplus land under the Bihar Land Reforms (Fixation of Ceiling Area 
and Acquisition of Surplus Land) Act, 1961, (ii) non-occupancy under-raiyats as defined under the Bihar 
Tenancy Act, 1885 and (iii) tenants other than occupancy tenants not having right of alienation in land 
or any interest therein, with right of alienation including right to create charge or mortgage of such land 
or interest in favour of a bank for the purpose of obtaining financial assistance from that bank without 
any restriction or subject to such restriction as may be specified in the notification. 
5. Charge on crops and other movable property in favour of a bank. - (1) It shall be lawful for an 
agriculturist to create a charge on the movable property owned by him or on the crop raised by him, 
standing or otherwise, or other produce from land cultivated by him to the extent of his interest therein, 
in favour of a bank, to secure financial assistance from that bank, notwithstanding that he may not be 
 
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owner of the land on and from which the crop is raised. 
(2) Notwithstanding anything to the contrary in the Bihar and Orissa Cooperative Societies Act, 1935 
(B. & O. Act VI of 1935) or other law for the time being in force, no charge in respect of financial 
assistance extended by a cooperative society to an agriculturist shall have priority over a charge on the 
crops raised by him, standing or otherwise, or any other movable property in respect of any financial 
assistance made by the bank is prior in point of time to that of the financial assistance extended by the 
co-operative society. 
(3) The crop or other produce or movables in respect of which a charge has been created in favour of 
the bank may be attached and sold to the extent of the interest of the agriculturists  therein, in the 
manner laid down in the Bihar and Orissa Public Demands Recovery Act, 1914 (B. & O. Act IV of 1914) 
and the proceeds of such sale may be appropriated  towards all moneys due to the bank from that agriculturist. 
6. Creation  of charge  on land in favour of a bank by declaration.  - (1) Where an agriculturist 
creates a charge on land or any other immovable  property which he owns, or in which he has an 
interest, in respect of any financial assistance given to him by a bank, he may make a declaration on 
the lines of the Form set out in the Schedule hereto annexed or as near hereto as circumstances permit 
declaring that thereby he creates in favour of the bank, a charge on such land or his interest therein, or 
other immovable property, as the case may be, to secure the financial assistance given to him by the bank. 
(2) A declaration made under sub-section (1) may be varied from time to time by the agriculturist with 
the consent of the bank in whose favour the declaration has been made. Such variation shall unless 
otherwise stipulated, take effect from the date the original declaration became effective. 
 
CHAPTER III  
Charges and mortgages in favour of Banks and their priorities 
 
 
7. Removal of disability in creation of charges and mortgages. - Notwithstanding anything to the 
contrary contained in the Bihar and Orissa Cooperative Societies Act, 1935 (B. & O. Act VI of 1935) or 
any other law for the time being in force and notwithstanding the fact that any land or interest therein 
stands already mortgaged to or is subject to a charge of a co-operative society, it shall be lawful for an 
agriculturist to create a charge or mortgage on such land or interest therein in favour of a bank as 
security for any financial assistance given to the agriculturist by that bank. 
8.  Priority  of  charges  and  mortgages  in  favour  of  Government,  a  bank  and  a  co-operative 
society. - (1) Notwithstanding anything to the contrary contained in the Bihar and Orissa Co-operative 
Societies Act, 1935 (B. & O. Act VI of 1935) or any other law for the time being in force- 
(a) Any charge or mortgage created on any land or interest therein in favour of Government shall 
have priority over any other charge or mortgage that might have been created on such land or 
interest  therein  by  an  agriculturist  in  favour  of  person  or  a  bank  or  a  co-operative  society 
irrespective of the dates of creation of charges or mortgages. 
 
(b) Where charges or mortgages on any land or interest therein are created in favour of both a co- 
operative society and a bank priority of such charges or mortgages shall, after commencement of 
this Act, be determined in accordance with the dates of creation of the charges or mortgages. 
 
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(c) Any charge or mortgage created on any land or interest therein in favour of a bank in respect of 
financial  assistance  given  to an agriculturist  by that  bank  shall  have  priority  over  any  other 
charge or mortgage  that may have been created over such land or interest in favour of any 
person other than the Government, a co-operative society or any other bank, prior to the date on 
which the charge or mortgage was created in favour of the bank. 
 
(d) Where different charges or mortgages over the same land or interest therein have been created 
by an agriculturist in favour of a co-operative society or a bank or more than one bank, any such 
charge or mortgage created as security for financial assistance given by the co-operative society 
or a bank or banks by way of term loan for development purposes shall have priority over other 
charges or mortgage created in favour of a co-operative society or any of the banks, provided 
notice of such financial assistance  by way of term loan for development  purposes  has been 
given to such co-operative society or bank and such co-operative society or bank has concurred 
in such financial assistance and where more than one such charge or mortgage is created as 
security for financial assistance given by way of term loan, the charges or mortgage by way of 
security for term loan for development  purposes shall rank for priority in accordance with the 
dates of their creation. 
 
Explanation. - For purposes of this section term "loan for development purposes" shall mean financial 
assistance  which  could  generally  lead  to  improvement  of  agriculture  or  building  up  of  assets  in 
agriculture but shall not include financial assistance for meeting working capital expenses, seasonal 
agricultural operations and marketing of crops. 
(2) Nothing in this section shall apply to borrowing only from one or more cooperative societies or land 
development banks. 
9. Registration of charges and mortgage in favour of banks. - (1) Notwithstanding anything to the 
contrary contained in the Indian Registration Act, 1908 (Act XVI of 1908) a charge in respect of which a 
declaration has been made under sub-section (1) of Section 6 or in respect of which a variation has 
been made under sub-section (2) of that section or a mortgage executed by an agriculturist in favour of 
a bank in respect  of financial  assistance  given by that bank, shall be deemed  to have been duly 
registered  in accordance  with the provisions  of that Act with effect from the date of such charge, 
variation or mortgage as the case may be, provided that the bank sends to the Sub-Registrar within the 
local limits of whose jurisdiction the whole or any part of the property subject to the charge or mortgage 
is situate, within the time prescribed by the State Government for this purpose, by registered post and 
with acknowledgement due, a copy of the document creating such charge, variation or mortgage, duly 
certified to be a true copy by an employee of the bank authorised to sign on its behalf. 
(2) As soon as possible after the receipt of a copy of the document referred founder sub-section (1) 
from a bank the registering  officer shall cause to be registered the document so received for such 
purposes and shall follow the same procedure in regard to the registration of the said document as is 
followed in the case of registration of document granting loan under the Agriculturist Loans Act, 1884 
(Act XII of 1884) or the Land Improvement Loans Act, 1883 (Act XIX of 1883). 
10. Noting of charge or mortgage created in favour of a Bank in the record of rights. - Whenever 
a charge or mortgage on land or interest therein is created in favour of a bank by an agriculturist, the 
bank shall give intimation to the Anchaladhikari or such other revenue officer as may be designated in 
this behalf by the State Government  of the particulars of the charge or mortgage in its favour. The 
 
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Anchaladhikari or the other revenue officer shall make a note of the particulars of charge or mortgage in 
the register prescribed by the State Government from time to time relating to the land over which the 
charge or mortgage has been created. 
11. Restriction on creation of tenancy by an agriculturist borrower. - (1) Notwithstanding anything 
contained in any law for the time being in force, an agriculturist who has availed himself of financial 
assistance from a bank by creating a charge or mortgage on land or interest therein shall not, so long 
as the financial assistance continue to be outstanding, lease or create any tenancy rights in such land 
or interest therein without prior permission in writing of the bank if he has not already leased or created 
tenancy rights therein at the time of availing of the financial assistance from the bank. 
(2) Any lease granted or tenancy right created in contravention of this section shall be void.   
CHAPTER IV 
 
 
Arrangements for recovery of dues by Banks 
 
 
12. Removal of bar to attachment and sale by process of court. - Nothing in any law shall prevent 
in any manner a bank from causing any land or any interest therein mortgaged of it or in respect of 
which a charge has been created in its favour by an agriculturist to secure any financial assistance to 
be attached and sold through a civil court and applying the proceeds of such sale towards all money 
due to it from that agriculturist including the costs and expenses as may be awarded by the court: 
Provided  that  houses  and  other  buildings  (with  the  materials  and  the  site  thereof  and  the  land 
immediately appurtenant thereto and necessary for their enjoyment) belonging to an agriculturist and 
occupied by him shall not be liable to such attachment and sale. 
 
13. Right of a bank to acquire and dispose of immovable property. - (1) Notwithstanding anything 
contained in any law for the time being in force, a bank shall have power to itself acquire agricultural 
land or interest therein or any other immovable property which has been mortgaged to it or in respect of 
which a charge has been created in its favour by an agriculturist for securing any financial assistance, 
provided the said land or interest therein or any other immovable property has been sought to be sold 
by public auction and no person has offered to purchase it for a price which is sufficient to pay to the 
Bank the money due to it. 
(2) A bank which acquires land or interest therein or any immovable property in exercise of the power 
vested in it under sub-section (1) shall dispose it of by sale, within a period to be specified by the State 
Government through notification in this behalf: 
Provided that the State Government may, on an application by a bank extend the period notified. 
 
(3) If the bank has to lease out any land acquired by it under sub-section (1) pending sale thereof as 
indicated in sub-section (2), the period of lease shall not exceed one year at a time and the lessee shall 
not acquire any interest in that property notwithstanding any provisions to the contrary in any other law 
for the time being in force. 
(4) A sale by a bank of land or interest therein in terms of this section shall be subject to any provisions 
of any law in force which placed restrictions on purchase of land by non-agriculturist or by a person not 
belonging to a particular tribe or on the ground of ceiling for acquisition of land or fragmentation of land. 
14. Exemption to banks from restriction on acquisition of land in excess of ceiling. - Nothing in 
 
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any law for the time being in force placing a ceiling or limit on the holding or land shall apply to a bank 
acquiring land in terms of Section 13 and holding such land till such time as the bank is in a position to 
sell the land in the manner provided in Section 13 or otherwise a price which is adequate to cover its dues. 
 
CHAPTER V 
 
 
Financing of Co-operative Societies by Banks 
 
 
15. Bank eligible to become member of a co-operative society. - Notwithstanding anything 
contained in the Bihar and Orissa Co-operative Societies Act, 1935 or any law for the time being in force, 
it shall be lawful for a bank to become a member of a co-operative society. 
16. Power of co-operative societies to borrow from banks. - Notwithstanding anything contained in 
the Bihar and Orissa Co-operative Societies Act, 1935 it shall be lawful for any co-operative society to 
borrow from a bank: 
Provided that in the interest of promotion and growth of co-operative society the State Government may 
make such provision in the Rules as may be necessary from time to time to restrict the extent to which 
a Bank lend in areas adequately served by co-operatives. 
17. Inspection of books of co-operative  society by a bank. - (1) A bank shall have the right to 
inspect  the  book  of  any  co-operative  society  which  has  either  applied  to  the  bank  for  financial 
assistance or is indebted to the bank on account of financial assistance granted earlier. 
(2) The inspection of co-operative society may be carried out by an officer or any other member of the 
paid staff of the bank with the previous sanction in writing of a Registrar of Co-operative Societies. 
(3) The officer or any other member of the paid staff of the bank, undertaking such inspection, shall at 
all reasonable  time, have access to the books of accounts,  documents,  securities,  cash and other 
properties belonging to or in the custody of the co-operative society inspected by him, and shall also be 
supplied by such society such information, statements and returns as may be required by him to assess 
the financial condition of the society and security of the money advanced or to be advanced to the 
society by way of financial assistance. 
18. Disputes between a bank and co-operative society. - (1) Notwithstanding anything contained in 
any other law for the time being in force any dispute touching the constitution,  management  or the 
business of a co-operative society; between a bank financing a co-operative society and co-operative 
society  so financial  other than dispute  regarding  the disciplinary  action  taken by the society  or its 
committee  against a paid employee  of the society, shall be referred by either of the parties to the 
dispute to the Registrar of co-operative Societies for decision. 
(2) Where any question arises whether, for purposes of the foregoing subsection, a matter referred to 
for decision is a dispute or not, the question shall be decided by the Registrar of Co-operative Societies 
whose decision shall be final. 
19. Settlement of dispute. - (1) If the Registrar is satisfied that any matter referred to him or brought to 
his notice is a dispute within the meaning of Section 18, the Registrar shall decide the dispute himself 
or transfer it for disposal to any section exercising the powers of a Registrar in this behalf, or refer it for 
disposal to an arbitrator or arbitrators provided that nothing in the Arbitration Act, 1940 (Act X of 1940) 
 
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shall apply to such reference. 
(2)  Where  any  dispute  is  transferred  or  referred  under  the  foregoing  subsection  for  decision,  the 
Registrar may at any time, for reasons to be recorded in writing, withdraw such dispute from any person 
or arbitrator or arbitrators to whom it has been transferred or referred, as the case may be, and may 
decide  the  dispute  himself  or  either  transfer  it  or  refer  it  again  for  decision  to  any  other  person 
exercising the powers of a Registrar or to any other arbitrator or arbitrators. 
(3)  Notwithstanding  anything  contained  in  Section  18,  the  Registrar  may  if he  thinks  fit,  suspend 
proceeding in regard to any dispute of the question at issue between a co-operative society and a bank 
is one involving complicated questions of law and fact, until the question has been decided in a regular 
suit instituted by one of the parties to the dispute. If any such suit is not instituted within two months 
from the Registrar's order suspending proceedings, the Registrar may take action as it provided in sub- 
section (1) or may refer the case to the District Judge for decision. 
20. Procedure  for hearing of dispute.  - The Registrar  or any person exercising  the powers of a 
Registrar or any arbitrator or arbitrators hearing a dispute under the last preceding section shall mutatis 
mutandis,  follow  the  procedure  laid  down  under  sections  49  and  51  of  the  Bihar  and  Orissa 
Cooperative Societies Act, 1935 (B. & O. Act VI of 1935) and the rules framed thereunder. 
21. Decision  of Registrar  or any person  exercising  the powers  of Registrar  or 
arbitrator/arbitrators.   -  When  the  dispute  is  referred  for  decision  the  Registrar  or  any  person 
exercising  the  powers  of  a  Registrar  or  arbitrator  or  arbitrators  may  after  giving  a  reasonable 
opportunity to the parties to the disputes to be heard, make an award on the dispute, the expenses 
incurred by the parties to the dispute in connection with the proceeding and fees, expenses payable to 
the Registrar or any person exercising the powers of a Registrar or arbitrator or arbitrators, as the case 
may be. Such award shall not be invalid merely on the ground that it was made after the expiry of the 
period fixed for deciding the dispute by the Registrar and shall be final and binding on the parties to the dispute. 
22. Recovery of money awarded. - Every award given by the Registrar or any person exercising the 
powers of Registrar or arbitrator or arbitrators under section 21 shall, if not carried out, on certificate 
signed by the Registrar, be deemed to be a decree of a civil court having jurisdiction to entertain a suit 
in respect of the matter in dispute and shall be executed in the same manner as a decree of such court. 
23. Powers of a bank to proceed against defaulting members of a cooperative society. - (1) If a 
co-operative society is unable to pay its debts to a bank from which it has borrowed, by reason of its 
members defaulting in the payment of the moneys due from them, the bank may direct the Committee 
of such society to proceed against such members by taking action under the Bihar and Orissa Co- 
operative Societies Act, 1935. 
(2) If the Committee of the co-operative society fails to proceed against its defaulting members within a 
period of ninety days from date of receipt of such direction from the bank, the bank itself may proceed 
against such defaulting members in which even the provisions of the Bihar and Orissa Co-operative 
Societies Act, 1935, the rules and the bye-law made thereunder, shall apply as if all references to the 
society or its committee in the said provisions, rules and bye-law were references to the bank. 
(3) Where a bank has obtained a decree or award against a co-operative society indebted to it, the 
bank may proceed to recover such moneys firstly, from the assets of the co-operative  society and 
 
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secondly, from the members of the cooperative society to the extent of their debts due to the society. 
24. Audit, inspection and inquiry reports of societies to be available to banks. - The Registrar of 
the Co-operative Societies shall draw the attention of the bank financing a co-operative society to the 
financial irregularities and defects noticed in an audit or inquiry or inspection of such society conducted 
according to the provisions of the Bihar and Orissa Co-operative Societies Act, 1935 and shall also 
supply a copy of such audit, inquiry or inspection report it demanded, in writing by the bank. 
 
CHAPTER VI 
 
 
Miscellaneous 
 
 
25.  Exemption  from  legislation's  relating  to  money-lending  and  agriculturists'  debt  relief.  - 
Nothing in any law for the time being in force dealing with money-lending or agriculturists' debt relief 
shall apply to financial assistance given to an agriculturist by a bank. 
26. Mortgages executed by Karta of Joint Hindu Families. - (1) Notwithstanding anything contained 
in any law for the time being in force, mortgages executed after the commencement of this Act, by the 
Karta of a Joint Hindu Family in favour of a bank for securing financial assistance for an agricultural 
purpose shall be binding on every members of such Joint Hindu Family. 
(2) Where a mortgage executed in favour of a bank is called in question on the ground it was executed 
by Karta of a joint Hindu Family for a purpose not binding on the members (whether such members 
have attained majority or not) thereof, the burden of proving the same shall be on the party alleging it. 
27. vf/kfu;e 32] 1956 dh /kkjk 8 dk mikUrfjr :i esa ykxw gksuk%& fgUnw vizkIro;rk vkSj laj{kdrk 
vf/kfu;e] 1956 (vf/kfu;e 32] 1956 dh /kkjk 8 cSad ds i{k dk vFkZ lekgRrkZ ;k mlds uke funsf'krksa ds izfr funsZ'k 
yxk;k tk;xk vkSj lekgRrkZ ;k mlds uke funsZf'krksa ds vkns'k ds fo:) vihy vk;qDr ds ikl dh tk;xhA 
 
28. Power of State Government to make rules. - (1) The State Government may by notification in the 
official Gazette make rules consistent with the provisions of this Act, to provide for all matters for which 
provision is necessary of expedient for the purpose of giving effect to the provision of the Act. 
(2) Every rule made under this section shall be laid as soon as may be after it is made, before each 
House of the State Legislature, while it is in session for a total period of fourteen days which may be 
comprised in one session or in two successive sessions and if, before expiry of the session in which it 
is laid or the session immediately following both Houses agree in making any modification in the rule or 
both Houses agree that they should not be made, the rule shall thereafter have effect only in such 
modified  form  or be of no effect  as the  case  may  be,  so however  that  any  such  modification  or 
annulment shall be without prejudice to the validity of anything previously done under that rules. 
29. Repeal and Saving. - (1) The Bihar Agricultural Credit Operations and Miscellaneous Provisions 
 
(Banks) Second Ordinance, 1982 (Bihar Ordinance No. 57 of 1982) is hereby repealed. 
(2) Notwithstanding such repeal, anything done or any action taken in exercise of any power conferred 
by or under the said Ordinance shall be deemed to have been done or taken in exercise of powers 
conferred by or under this Act as if this Act was in force on the day on which such thing or action was 
done or taken. 
 
 
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Schedule 
Declaration under Section 6(1) I.....................(aged............................................year..........................................)           residing            at 
...................being desirous of availing myself of financial assistance from Agricultural Credit Operations 
and Miscellaneous Provisions (Banks) Act, 1977 and I hereby create a charge on the said land/interest 
in land in favour of the bank for securing the financial assistance which the bank may make and for all 
future  assistance,  if  any,  which  the  bank  may  make  to  me  together  with  interest  and  costs  and 
expenses thereon. 
Name of 
 
Name of 
 
C.D. 
Name of 
 
Survey No.     Boundaries    Area 
 
village Block and Sub- Division 
 
District Plot 
 
No. 
City    South 
 
East 
North 
 
West 
Acres 
 
kathas 
 
1            2            3                4                      5               6 
 
Assessment      Appropriate Encumbrances, if Remarks, if 
 
Value 
 
any 
 
any 
 
Rs.           P.                            Nature   Amount 
 
7                       8                       9                      10   
 
In witness whereof, I ......... hereunder set my hand this day of .......the year..................and........... 
Witness............signed and delivered by the abovenamed in the presence of 
 
(1) (2) 
Attested by 
 
Signature of declarant  
Forwarded  with compliments  to the Anchal Adhikari/Revenue  Officer  with a request  to include  the 
particulars of the charge....created under the declaration in the record-of-rights and/or other appropriate 
registers and to return to the bank for its record. 
 
Manager/ Agent 
…………Bank 
Place..............  
 
Returned with compliments  to the manager/Agent  Bank the charge created/under  the declaration 
is duly included in the record-of-rights and/ or register on the day of...........................19..... 
 
Anchaladhikari 
 
 
11/11 
 
Revenue Officer 
 
Forwarded with compliments to the Sub-Registrar with a request to record the particulars of the charge 
created under the declaration in his office. 
 
Manager/ Agent 
…………Bank 
Place.............. 
 
Returned with compliments to the Manager/Agent  Bank the charge created under the declaration is 
duly recorded.   Date............. 
 
Sub-Registrar   

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