LexThe Himachal Pradesh Agricultural Credit Operations and Miscellaneous Provisions (Banks) Act, 1972
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH AGRICULTURAL CREDIT
OPERATIONS AND MISCELLANEOUS PROVISIONS (BANKS)
ACT, 1972
ARRANGEMENT OF SECTIONS
Sections:
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
RIGHT OF AGRICULTURISTS TO ALIENATE LAND/INTERESTS
IN LAND IN FAVOUR OF BANKS
3. Removal of restrictions on alienation.
4. State Government may by notification vest agriculturists not
having alienable right with such rights.
5. Charge on crop and other movable property in favour of a bank.
6. Creation of charge on land in favour of a bank by declaration.
CHAPTER III
CHARGES AND MORTGAGES IN FAVOUR OF BANKS AND
THEIR PRIORITIES
7. Removal of disability in creation of charges and mortgages.
8. Priority of charges and mortgage in favour of the Government, a
bank and a co-operative society.
9. Registration of charge and mortgage in favour of banks.
10. Noting of charge or mortgage created in favour of a bank, in the
record-of-rights.
11. Restrictions on creation of tenancy by an agriculturist borrower.
CHAPTER IV
ARRANGEMENTS FOR RECOVERY OF DUES BY BANKS
12. Removal of bar to attachment and sale by process of court.
13. Recovery of dues of a bank through a prescribed authority.
14. Right of a bank to acquire and dispose of immovable property.
15. Exemption to banks from restrictions on acquisition of land in
excess of ceiling.
H.P. AGRICULTURAL CREDIT OPERATIONS AND MISCELLANEOUS
PROVISIONS (BANKS) ACT, 1972
2
CHAPTER V
FINANCING OF CO-OPERATIVE SOCIETIES BY BANKS
16. Bank eligible to become member of a co-operative society.
17. Power of co-operative societies to borrow from banks.
18 Inspection of books of a co-operative society by a bank.
19. Disputes between a bank and a co-operative society.
20. Settlement of disputes.
21. Procedure for hearing of disputes.
22. Decision of Registrar or his nominee or board of nominees.
23. Recovery of money awarded.
24. Powers of a bank to proceed against defaulting members of a co-
operative society.
25. Audit, inspection and inquiry reports of societies to be available
to banks.
CHAPTER VI
MISCELLANEOUS
26. Exemption from Legislations relating to money lending and
agriculturists’ debt relief.
27. Mortgages executed by managers of joint Hindu families.
28. Modified application of section 8 of Act No. XXXII of 1956.
29. Power of State Government to make rules.
SCHEDULE
THE HIMACHAL PRADESH AGRICULTURAL CREDIT
OPERATIONS AND MISCELLANEOUS PROVISIONS (BANKS)
ACT, 1972
(ACT NO. 7 OF 1973)1
(Received the assent of the Governor on the 24th March, 1973 and
was published in R.H.P. Extra., dated the 18th April, 1973 at page 571-582)
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.
1. For Statement of objects and Reasons, see R.H.P. Extra, dated the 10th June,
1972. p. 525 and for Authoritative Hindi Text See R.H.P. Extra., dated 3-1-1987,
P. 45.
H.P. AGRICULTURAL CREDIT OPERATIONS AND MISCELLANEOUS 3
PROVISIONS (BANKS) ACT, 1972
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Twenty-third Year of Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.- (i) This Act may be
called the Himachal Pradesh Agricultural Credit Operations and
Miscellaneous Provisions (Banks) Act, 1972.
(ii) It shall extend to the whole of the State of Himachal Pradesh.
(iii) It shall come into force from such date1 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. Definitions.- In this Act, unless the context otherwise requires,-
(a) "agriculture" and "agriculture 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, apiculture, sericulture, piggery, poultry
farming and such other activities as are generally carried on by
agriculturists, dairy farmer, cattle breeders, poultry farmers and
other categories of persons engaged in similar activities
including marketing of agricultural products, their storage and
transport and the 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 Governments or
partly by the Central Government and partly by one or more
State Governments;
(d) "bank" means,-
(i) a banking company as defined in the Banking Regulation
Act, 1949 (10 of 1949);
1. The Act enforced in the whole of Himachal Pradesh w.e.f. the 15th September,
1973, vide Not. No. 8-29/71-Fin, (W & M), dated the 31st August, 1973,
published in R.H.P., dated 8-9-1973, P. 1338.
H.P. AGRICULTURAL CREDIT OPERATIONS AND MISCELLANEOUS
PROVISIONS (BANKS) ACT, 1972
4
(ii) the State Bank of India constituted under the State Bank
of India Act, 1955 (23 of 1955);
(iii) a subsidiary bank as defined in the State Bank of India
(Subsidiary Banks), Act 1959 (38 of 1959);
(iv) a corresponding new bank constituted under the Banking
Companies (Acquisition and Transfer of Undertakings)
Act, 1970 (5 of 1970);
(v) any banking institution notified by the Central
Government under section 51 of the Banking Regulation
Act, 1949 (10 of 1949);
(vi) the Agricultural Refinance Corporation constituted under
the Agricultural Refinance Corporation Act, 1963 (10 of
1963);
(vii) the Agro-Industries Corporation as defined in sub-section
(c);
(viii) the Agricultural Finance Corporation Limited, a company
incorporated under the Companies Act, 1956 (1 of 1956);
(ix) any other financial institution 1 notified by the State
Government in the Official Gazette as a bank for the
purpose of this Act;
(e) "co-operative society" means a co-operative society registered or
deemed to be registered under the Himachal Pradesh Co-
operative Societies Act, 1968 (3 of 1969) the object of which is
to provide financial assistance as defined in clause (f) of this
section to its members and includes a co-operative land
mortgage/development bank; and
(f) "financial assistance" for the purpose of this Act means
assistance granted by way of loans, advances, guarantee or
otherwise for agricultural purpose.
CHAPTER II
RIGHT OF AGRICULTURISTS TO ALIENATE LAND/INTERESTS
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 tradition, it
shall be lawful for an agriculturist, whose rights of alienation of land or of any
interest therein are restricted, to alienate the land or his interest therein,
including by creation of a charge or mortgage on such land or interest in
1. For such institutions see Not. No. 9-29/71-Fin. (W & M), dated the 15th Jan.
1975, 8-2/71-Fin. (W&M) dated 24th July, 1976 and 8-29-71 Fin. (W&M) dated
29th January, 1979.
H.P. AGRICULTURAL CREDIT OPERATIONS AND MISCELLANEOUS 5
PROVISIONS (BANKS) ACT, 1972
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 any law for the time being in force, the State Government may,
by notification1 in the Official Gazette, vest any class or classes of
agriculturists not having rights of alienation in land or any interest therein
including,-
(i) persons belonging to Scheduled Tribes covered by the Himachal
Pradesh Transfer of Land (Regulation) Act, 1969 (15 of 1969),
(ii) tenants other than occupancy tenants,
(iii) occupancy tenants of the areas falling within Himachal Pradesh
prior to 1st November, 1966,
(iv) lessees of the State Government who are agriculturists, with
rights of alienation including the right 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 without
any restrictions, or subject to such restrictions as may be
specified in the notification.
5. Charge on crop and other movable property in favour of bank.-
(1) It shall be lawful for an agriculturist to create a charge on the movable
property owned by him or on the crops 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 owner of the land on and from which the
crop is raised.
(2) Notwithstanding anything to the contrary in the Himachal Pradesh
Co-operative Societies Act, 1968 (3 of 1969) or any other law for the time
being in force, no charge in respect of financial assistance extended by a co-
operative 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 given to him by a bank provided the
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) A bank may, distrain and sell through an official of the State
Government, designated in this behalf by the State Government, the crop or
other produce or other movable charged to that bank to the extent of the
agriculturist's interest therein and appropriate the proceeds of such sale
towards all moneys due to the bank from that agriculturists.
1. See Not. No. 8-29/71 Fin. (W & M), dated the 5th June, 1973.
H.P. AGRICULTURAL CREDIT OPERATIONS AND MISCELLANEOUS
PROVISIONS (BANKS) ACT, 1972
6
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 or as near thereto 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 take effect from such date on
which the variation, if it had been original declaration, would have effect
under section 9.
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 Himachal Pradesh
Co-operative Societies Act, 1968 (3 of 1969) or any other law for the time
being in force and notwithstanding that any land or interest therein stands
already charged or mortgaged to 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 the
Government, a bank and a co-operative society.- (1) Notwithstanding
anything to the contrary in any law for the time being in force but subject to
any prior claim of the Government in respect of land revenue,-
(a) no charge or mortgage created on any land or interest therein,
after the commencement of this Act, in favour of the
Government or a co-operative society shall have priority over a
charge or mortgage on such land or interest created by an
agriculturist in favour of a bank as security for financial
assistance given to the agriculturist the bank after the
commencement of this Act and prior to the charge or mortgage
in favour of the Government or the co-operative society; and
(b) 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.
H.P. AGRICULTURAL CREDIT OPERATIONS AND MISCELLANEOUS 7
PROVISIONS (BANKS) ACT, 1972
(2) Where different charges or mortgages over the same land or
interest therein have been created by an agriculturist in favour of the
Government, 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 Government, co-operative society or the bank or banks by way of term
loan for development purposes shall have priority over the other charges or
mortgages created in favour of the Government, co-operative society or any of
the banks, provided prior notice of any such financial assistance by way of
term loan for development purpose had been given to such Government, co-
operative society or bank and such Government, co-operative society or bank
has concurred in such financial assistance and where more than one such
charge or mortgage is as security for financial assistance given by way of term
loan, the charges or mortgages by way of security for term loan for
development purposes will rank for priority in accordance with the dates of
their creation.
Explanation.-For the purposes of this section "term loan for
development purposes" shall mean financial assistance which would generally
lead to improvement of agriculture and/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.
(3) Nothing in this section shall apply to barrowings only from one or
more co-operative societies including land mortgage banks.
9. Registration of charge and mortgage in favour of banks.- (1)
Notwithstanding anything contained in the Indian Registration Act, 1908 (16
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
charged or mortgaged is situate, within the time stipulated by the State
Government for this purpose, by a registered post 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) The Sub-Registrar receiving the declaration in respect of a charge
or variation or a mortgage referred to in sub-section (1) shall, as immediately
as practicable on receipt thereof, record in a register to be maintained in this
behalf, the fact of the receipt of such declaration, variation or mortgage for
registration.
10. Noting of charge or mortgage created in favour of a bank, in
the record-of-rights.- Whenever a charge or a mortgage on land or interest
H.P. AGRICULTURAL CREDIT OPERATIONS AND MISCELLANEOUS
PROVISIONS (BANKS) ACT, 1972
8
therein is created in favour of a bank by an agriculturist, the bank may give
intimation to the Tehsildar or such other revenue official as may be designated
in this behalf by the State Government of the particulars of the charge or
mortgage in its favour. The Tehsildar or the other revenue official shall make
a note of the particulars of charge or mortgage in the record-of-rights relating
to the land over which the charge or mortgage has been created.
11. Restrictions 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 continues to be outstanding, lease or
create any tenancy rights on such land or interest therein without prior
permission in writing of the bank if he has not already leased or created
tenancy right thereon at the time of availing of the financial assistance from
the bank.
(2) Any lease granted or tenancy rights 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 charged or mortgaged to it 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.
13. Recovery of dues of a bank through a prescribed authority.-
(1) an official of the State Government notified by the State Government as
the prescribed authority1 for the purpose of this section may on the application
of a bank, make an order on any agriculturist or his heir or legal
representative, directing the payment of any sum due to the bank on account
of financial assistance availed of by the agriculturist, by the sale of any land or
any interest therein upon which the payment of such money is charged or
mortgaged:
Provided that no order shall be made by the prescribed authority
under this section for the sale of any land or any interest therein or any other
movable property upon which the payment of money is charged or mortgaged
unless the agriculturist or the heir or legal representative of the agriculturist,
as the case may be, has been served with a notice by the prescribed authority,
calling upon him to pay the amounts due.
1. See Not. Nos. 8-29/71-Fin (W&M) dated 31st March, 1979 and Fin-I F (F)
1-26/83 dated 11th April, 1985.
H.P. AGRICULTURAL CREDIT OPERATIONS AND MISCELLANEOUS 9
PROVISIONS (BANKS) ACT, 1972
(2) Every order passed by the prescribed authority in terms of sub-
section (1) shall be deemed to be a decree of a civil court and shall be
executed in the same manner as a decree of such court.
(3) Nothing in this section shall debar a bank from seeking to enforce
its rights in any other manner open to it under any other law for the time being
in force.
14. 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 charged or
mortgaged to it by an agriculturist in respect of any financial assistance
availed of by him, provided the said land or interests 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 moneys due to it.
(2) A bank which acquires land or interest therein or any other
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 in this behalf.
(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
contained 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 may place
restrictions on purchase of land by non-agriculturists or ceiling for acquisition
of land or by a person not belonging to a particular Tribe or Scheduled Caste
or fragmentation of land.
15. Exemption to banks from restrictions on acquisition of land in
excess of ceiling.-Nothing in any law for the time being in force placing a
ceiling or limit on the holding of land shall apply to a bank acquiring a land in
terms of section 14 and holding such land till such time the bank is in a
position to sell the land in the manner provided in section 14 or otherwise, at a
price which is adequate to cover its dues.
CHAPTER V
FINANCING OF CO-OPERATIVE SOCIETIES BY BANKS
16. Bank eligible to become member of a co-operative society.-
Notwithstanding anything contained in the Himachal Pradesh Co-operative
Societies Act, 1968 (3 of 1969), 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.
H.P. AGRICULTURAL CREDIT OPERATIONS AND MISCELLANEOUS
PROVISIONS (BANKS) ACT, 1972
10
17. Power of co-operative societies to borrow from banks.-
Notwithstanding anything contained in the Himachal Pradesh Co-operative
Societies Act, 1968 (3 of 1969), it shall be lawful for any co-operative society
to borrow from a bank.
18. Inspection of books of a co-operative society by a bank.-(1) A
bank shall have the right to inspect the books 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 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
the 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 times, 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 financial condition of the society and the
safety of financial assistance to be made to the society or already made to it.
19. Disputes between a bank and a 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 cooperative society and the
co-operative society so financed other than disputes 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
sub-section, 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.
20. Settlement of disputes.-(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 19, the Registrar shall decide the dispute himself or refer it for
disposal to a nominee or a board of nominees appointed by him.
(2) Where any dispute is referred under the foregoing sub-section for
decision to the Registrar's nominee or board of nominees, the Registrar may at
any time, for reasons to be recorded in writing, withdraw such dispute from
his nominee or board of nominees and may decide the dispute himself or refer
it again for decision to any other nominee or board of nominees appointed by
him.
(3) Notwithstanding anything contained in section 19, the Registrar
may, if he thinks fit, suspend proceedings in regard to any dispute if the
question at issue between a co-operative society and a bank is one involving
H.P. AGRICULTURAL CREDIT OPERATIONS AND MISCELLANEOUS 11
PROVISIONS (BANKS) ACT, 1972
complicated questions of law and fact, until the question has been tried by 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 shall take action as is provided in sub- section (1).
21. Procedure for hearing of disputes.-The Registrar or his nominee
or board of nominee's hearing a dispute under the last preceding, section shall
hear the dispute in the manner that may be prescribed by the Registrar in this
behalf.
22. Decision of Registrar or his nominee or board of nominee.-
When the dispute is referred for decision, the Registrar or his nominee or the
board of nominees may, after giving a reasonable opportunity to the parties to
the dispute to be heard, make an award on the dispute, on the expenses
incurred by the parties to the dispute in connection with the proceedings and
fees, expenses payable to the Registrar or his nominee or, as the case may be,
to the board of nominees. Such an 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, subject to appeal or review or revision by
the co-operative tribunal of the State, be binding on the parties to the dispute.
23. Recovery of money awarded.-Every award given by the
Registrar or the Registrar's nominee or the board of nominees under section
22, shall, if not carried out, on a certificate signed by the Registrar, be deemed
to be a decree of a civil court and shall be executed in the same manner as a
decree of such court.
24. Powers of a bank to proceed against defaulting members of a
co-operative 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 by them, the bank may direct the committee of
such society to proceed against such members by taking action under the
Himachal Pradesh Co-operative Societies Act, 1968 (3 of 1969).
(2) If the committee of the co-operative society fails to proceed
against its defaulting members within a period of ninety days from the date of
receipt of such direction from the bank, the bank itself may proceed against
such defaulting members in which event, the provisions of the Himachal
Pradesh Co-operative Societies Act 1968 (3 of 1969), the rules and the bye-
laws made thereunder shall apply as if all references to the society or its
committee in the said provisions, rules and bye-laws 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 money
firstly from the assets of the co-operative society and secondly from the
members of the co-operative society to the extent of their debts due to the
society.
H.P. AGRICULTURAL CREDIT OPERATIONS AND MISCELLANEOUS
PROVISIONS (BANKS) ACT, 1972
12
25. Audit, inspection and inquiry reports of societies to be
available to banks.-The Registrar of Co-operative Societies shall draw the
attention of the bank financing a co-operative society to the defects noticed in
every audit, inquiry or inspection of such society conducted as per provisions
of the Himachal Pradesh Co-operative Societies Act, 1968 (3 of 1969), and
shall also supply a copy each of such audit, inquiry or inspection report if
demanded, in writing by the bank.
CHAPTER VI
MISCELLANEOUS
26. Exemption from legislations 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 availed of by an agriculturist from a bank.
27. Mortgages executed by managers 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 manager of a
joint Hindu family in favour of a bank for securing financial assistance for an
agricultural purpose shall be binding on every member of such joint Hindu
family.
(2) Where a mortgage executed in favour of a bank is called in
question on the ground that it was executed by the manager 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 lie
on the party alleging it.
28. Modified application of section 8 of Act No. XXXII of 1956.-
Section 8 of the Hindu Minority and Guardianship Act 1956 (32 of 1956),
shall apply to mortgages in favour of a bank subject to the modification that
reference to the court therein shall be construed as reference to the Collector
or his nominee and the appeal against the order of the Collector or his
nominee shall lie to the Commissioner.
29. Power of State Government to make rules.-(1) The State
Government may make rules1 to provide for all matters for which provision is
necessary or expedient for the purpose of giving effect to the provisions of
this Act and all such rules shall be published in the Official Gazette.
(2) The rules framed under sub-section (1) shall be subject to previous
publication.
(3) Every rule made under this section shall be laid, as soon as may be
after it is made, before the Himachal Pradesh Legislative Assembly while it is
in session and if, before the expiry of the session in which it is so laid or the
1. Rules made vide Not. 8-29/71-Fin (W&M) dated the 31st July, 1975, published in
R.H.P.dated 9.8.1975, p.924-927.
H.P. AGRICULTURAL CREDIT OPERATIONS AND MISCELLANEOUS 13
PROVISIONS (BANKS) ACT, 1972
session immediately following, the House makes any modification in the rule
or decides that the rule should not be made, 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 rule.
SCHEDULE
Declaration under section 6(1)
I,.....................(aged...............years) residing at ......................... ..........
...............being desirous of availing myself of financial assistance from
the....................... ......................bank make this declaration as required by
section 6(1) of the Himachal Pradesh Agricultural Credit Operations and
Miscellaneous Provisions (Banks) Act, 1972, that I...........................own/ have
interest as tenant in the land specified below, 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, costs and expenses
thereon.
______________________________________________________________
Name of Revenue Name of Name of Khasra Boundaries Area in
Estate Tehsil District number South, North, acres
East, West 1 2 3 4 5 6
Assessment Encumbrances, if any Remarks, if any
--------------- Approximate -------------------------------
Rupees Paise value Nature Amount 7 8 9 10 11
H.P. AGRICULTURAL CREDIT OPERATIONS AND MISCELLANEOUS
PROVISIONS (BANKS) ACT, 1972
14
In witness whereof, I, Shri.......................Hereunder set my hand
this........................day of.....................in the year one thousand nine hundred
and.........................................................
Witnesses.
Signed and delivered by the above named in the presence of:-
(1)
(2)
Signature of declarant.
ATTESTED BY
Forwarded with compliments to the Tehsildar with a request to
include the particulars of the charge.......................created under the
declaration in the record-of-rights 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 on the .....................day of.......................19
Tehsildar.
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.
Sub-Registrar.
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