[10 March 1976] G.S. Rule 154.- In exercise of
the powers conferred by section 30 of the Rajasthan Agricultural Credit
Operations (Removal of Difficulties) Act, 1974 (Rajasthan Act 22 of 1974), The
State Government hereby makes the following rules:- (1)
These Rules shall
be called the Rajasthan Agricultural Credit Operations (Removal of
Difficulties) Rules, 1976. (2)
They shall extend
to the whole of the State of Rajasthan. (3)
They shall come
into force form the date of their publication in the Rajasthan Gazette. (1)
In these rules
unless the context otherwise requires:- (a)
Act means the
Rajasthan Agricultural Credit Operations (Removal of Difficulties) Act, 1974
(Rajasthan Act, 22 of 1974): (b)
Section means the
Section of the Rajasthan Agricultural Credit Operations (Removal of
Difficulties) Act, 1974 (Raj. Act 22 of 1974). (2)
Words and
expressions defined in the Rajasthan Agricultural Credit operations (Removal of
Difficulties) Act, 1974 shall wherever used herein, be constructed to have the
meaning assigned to them therein. The
time stipulated by the State Government for the purpose of section 9 (1) shall
be {Substituted for the expression "15 days" by G.R.S. No. 64 vide
notification No. F. 2(1) Agri./ V/70, dated 4.8. 1976, Published in Rajasthan
Gazette Part IV-C, dated 26.8.1976, Pages 253 & 254} [one month]. A document
relating to a charge or mortgage or their variation, to be registered
effectively under this section, must be sent by the Bank to the Sub-Registrar
concerned with this time limit. (1)
The District
Collector/Assistant Collector/Additional Collector of the
District/Sub-Divisional Officer of the Sub-Division, within whose jurisdiction,
the bank or its branch which disburse the loan is situated, shall be the
official designed by the State Government for exercising powers for the purpose
of section 5(3). However, in case of standing crop. other produce or other
movable property attached to or installed on the land, the Collector/Additional
Collector/ Assistant Collector of the District/Sub-Divisional Officer/Assistant
Collector officer of the Sub-Division where the property is situated shall be
the designed official, in case the bank or its branch is not located in that
District/Sub-Division. (2)
For the purpose
of distraint and sake in the event of failure of the cultivator to pay an
overdue loan, Branch Manager/Agent of the Bank shall make an application to the
Collector/Additional Collector/Sub-Divisional Officer concerned giving the
following particulars:- (i)
Name of the
cultivator [his heir or legal representative, as the case may be], (ii)
Certified copy of
loan agreement; (iii)
Certified
statement of account; (iv)
Amount overdue
towards principal and towards interest with date on which it became overdue; (v)
Description
crop/other movable property charged, including location and details of
defaulters interest or share thereof; (vi)
Description of
property required to be distrained and sold; (vii)
Description of
efforts made by the Bank to effect recovery, if any; and (viii)
Reasons, if known
to the Bank for non-payment. (3)
On receipt of the
application, along with the necessary documents and information, if the
Collector/additional Collector/ Sub-Divisional Officer/Assistant Collector
concerned is satisfied that- (a)
the cultivator
has taken a loan from the bank against a charge on the property sought to be
distrained; (b)
the Charge has
been proper ly affected; (c)
the loan or an
instalment of it is over due; (d)
the Bank has
issued a demand notice by registered post with acknowledgement due asking the
cultivator to pay the overdue amount and a period of one month has elapsed
without payment being made; he shall make an order for distraint of the said
property. (4)
The
Collector/Additional Collector/Sub Divisional Officer/ Assistant Collector
concerned shall also issue a show cause notice to the defaulter asking him to
make payment within 15 days or to explain why the distrained property may not
be put to sale in case of default. Copy of this notice should also be sent to
the Bank/Branch manager/Agent of the Bank. (5)
After the period
of show cause notice has expired, if the defaulter has not made payment or has
not entered into any satisfactory arrangements with the authorised
representative of the Bank for payment [or where the cause shown in considered
to be insufficient] The Collector/Additional Collector/Sub-Divisional
Officer/Assistant Collector concerned shall order sale of the property
distrained. (6)
The proceeds of
the sale shall be appropriated to payment, of all dues outstanding including
cost of recovery, to the Bank and the surplus, if any, shall be paid back to
the cultivator. (1)
The District
Collector/Additional Collector/Sub-Divisional Officer/Assistant Collector
having jurisdiction in the area wherein the immovable property is situated
shall exercise the powers of the prescribed authority under section 13 (1) of
this Act. (2)
The Branch
manager/Agent of the Bank concerned shall for the purpose of this section make
an application to the Collector/ Additional Collector/Sub-Divisional
Officer/Assistant Collector concerned giving the following particulars with
respect to the loan sought to be recovered:- (i)
Name of the
cultivator, [his heir or legal representative, as the case may be]; (ii)
Certified copy of
loan agreement; (iii)
Certified
statement of account; (iv)
Amount overdue
towards principal and towards interest and date on which it became overdue; (v)
Certified copy of
documents creating mortgage or charge with evidence regarding its registration; (vi)
Other details of
the immovable property sought to be sold such as valuation, detail of co-owners
etc. Which may be available with the Bank; (vii)
Details of any
other effort made by the Bank to effect recovery; and (viii)
Reasons, if known
to the Bank for non-payment. (3)
If upon receipt
of this application along with the information detailed above,
Collector/Additional Collector/Sub-Divisional Officer/ Assistant Collector is
satisfied. (a)
that the loan has
been duly taken and the loan amount or an instalment is overdue; (b)
the Bank has
issued a demand notice by registered post with acknowledgement due, asking the
cultivator to pay the overdue amount, and more than one month has elapsed. (c)
the property
sought to be sold has been mortgaged/Charged to the bank against the overdue
loan; he may issue a notice to the cultivator informing him,- (i)
that an
application for recovery of the loan due along-with the necessary documents has
been filed by the concerned Commercial Bank for action under section 13 (1) of
Rajasthan Agricultural Credit Operations (Removal of Difficulties) Act, 1974; (ii)
if the cultivator
wishes to deny liability for payment of the amount determined as due, he should
within 30 dyas of the receipt of this notice, file a petition denying liability
and produce documentary and other proof to support his claim; (iii)
the notice should
state that if the cultivator does not deny liability or make payment,
proceedings will be taken to effect recovery of the amount determined as
overdue, through a sale of the immovable property specified in the notice. (4)
If the cultivator
denies his liability the Collector/Additional Collector/Sub-Divisional
Officer/Assistant Collector shall after hearing him decide his petition within
a further period of two months. (5)
If the cultivator
does not deny liability or cannot shown sufficient cause for non payment, the
Collector/Additional Collector/ Sub Division Officer/Assistant Collector shall
order sale of the immovable property as per the application made by the Bank. (6)
The proceeds of
the sale of such property shall be appropriated for payment of the dues of the
Bank and the cost of recovery and balance amount, if any, shall be paid to the
cultivator. [(7) For all
distrains and all sales effected under sub-section 3 of section 5 or
sub-section (1) of section 13 the procedure followed shall be similar to that
prescribed for attachment and sale of movable or immovable property for
recovery of arrears of land revenue under the Rajasthan Land Revenue Act, 1956,
and rules framed thereunder".] (8) ? When land
or other immovable property is offered for sale by public auction in pursuance
of an order for sale under section 13 for recovery of a loan due to the Bank,
and no one offers to purchase it, for a price sufficient to pay to the Bank the
money due to it, the Bank may instead of waiting for resale, close the recovery
proceedings by acquiring the land or interest there under or other immovable
property charged or mortgaged to it, in exercise of the powers vested in it
under section 14. (9) ? For this
purpose the Bank Manager or Agent concerned may apply to the Collector
informing him of the intention of the bank to exercise this right. (10) The
Collector shall thereupon stop all recovery proceedings and pass an order
directing that necessary entries be made by the Sub-Registrar and Tehsildar
concerned, in their books and record of rights, -vesting the rights to the
property which belonged to the defaulting cultivator, in the name of Bank in
discharge of all liabilities of the cultivator, for the amount of loan, for which
the property was charged. (11) The
Collector/Additional Collector/Sub-Division Officer/ Assistant Collector shall
also if so requested take steps to handover the possession of such land or
other immovable property to the Branch Manager/ Agent of the Bank concerned. (12) The Bank
shall in such cases, sell the property so required by it within a period of
[five] years from the date of taking over possession. (13) It may
during this period lease out the property as per provisions of section 14 (3). (14) Any sale of
such property shall subject to the following restrictions:- (1)
The buyer must be
an agriculturist as defined in the Act. [(2) Land
acquired from a person who is a member of a Scheduled Caste or Schedule Tribe
shall not be sold to persons who are not members of Scheduled Castes or
Scheduled Tribes.] (3) ? The buyer
should not on acquisition of such land by sale, exceed the ceiling limit
applicable to him under the law relating to ceilings on agricultural holdings. (1)
All notices,
summons and proclamations required to be issued for the purpose of this Act,
shall be issued, in the manner laid down in the Rajasthan Land Revenue Act and
Rules framed thereunder for notices, summons and proclamations. (2)
The Bank shall,
while making applications for recovery to the prescribed officer/designated
officer concerned under these rules, add a flat rate of 5% as recovery charges,
to the overdue amount. These shall be leviable form the defaulter, in case
recoveries are effected through distraint or sale of movable/ immovable
property. The recovery charges shall be deposited in the Government Treasury.
Recovery charges at the rate of 2% shall, however, be leviable in case the
cultivator makes payment after recovery proceedings have started, but no
distraint or sale has been affected. (3)
Collector/Additional
Collector/Sub-Division Officer/ Assistant Collector shall maintain in their
offices a register containing the following particulars:- (1)
Name of the Bank. (2)
Date of
application. (3)
Name of the
cultivator. (4)
Amount determined
as overdue. (5)
Amount recovered. (6)
procedure adopted
for recovery. (7)
Costs charged. (4)
The Collector of
the Districts shall sent to the Revenue Board every quarter, information,
regarding recovery of bank dues in the folloieng proforma:- (1)
Name of the Bank. (2)
Total number of
Pending applications. (3)
Amount overdue. (4)
Amount recovered
during the quarter. (5)
Reasons for non
recovery of the remaining amount. (5)
Collectors/shall
also send information relating to the progress of recoveries to the Bank
Manager/Agent of the lead Bank at the District head quarter and to the Branch
Manager of the Bank concerned.Rajasthan Agricultural
Credit Operation (Removal Of Difficulties) Rules, 1976