UTTAR PRADESH AGRICULTURAL CREDIT
RULES, 1975[1] CHAPTER I Preliminary (1)
These rules may be called the Uttar Pradesh
Agricultural Credit Rules, 1975. (2)
They shall come into force at once. In these rules, unless the context
otherwise requires- (a)
'Act' means the Uttar Pradesh Agricultural
Credit Act, 1975; (b)
'Form' means a form appended to these rules; (c)
'Section' means section of the Act; (d)
all other words and expressions used in the
Act and not defined in these rules shall have the meanings assigned to them in
the Act. CHAPTER II Creation of Charge and Mortgage (1)
The declaration referred to in Section 6(1)
shall ordinarily be prepared in quintruplicate. The original document shall be
duly stamped but the copies shall be prepared on stout and durable papers. (2)
The copies referred to in sub-rule (1) shall
not be carbon copies but shall be neatly handwritten, printed or typewritten or
be cyclostyled copies of typewritten matter on only one side of the paper. (3)
Such copies shall further contain the
following particulars, namely- (a)
the number of stamps and their value; (b)
a copy of the endorsement made by the stamp
vendor or the treasury on the back of such stamps ; and (c)
the date of execution and the names and
addresses of the witnesses. (4)
Such copies shall be certified to be true
under the seal and signature of a responsible employee of the bank who has been
authorised to do so under Section 9 (1). (5)
The original declaration shall be retained by
the Bank and two copies thereof shall be sent to the Sub-Registrar concerned by
registered post acknowledgment due for purpose of registration. Another copy of
the declaration shall be sent to the Tahsildar as required by Rule 4, while the
last copy shall be delivered to the agriculturist. (1)
Where copies of the document creating charge,
or mortgage have been sent to the Sub-Registrar under Section 9 and such charge
or mortgage relates to an agricultural land, another copy of such document
shall be sent to the Tahsildar within whose territorial jurisdiction such land
is situate. (2)
On receiving the copy of the document
referred to in sub-rule (1), the Tahsildar shall cause to be noted, in the
Remarks Column of the Annual Register (Khatauni) for the Fasli year in which
such document was executed the following particulars of the charge, variation
or mortgage- (a)
the amount of financial assistance; (b)
the name of the bank granting such
assistance; (c)
the date of execution of the deed of charge,
variation to mortgage; and (d)
the period during which the amount shall be
repaid. (3)
The official making the note shall put his
dated signature below the note. (4)
The Tahsildar shall thereafter return the
copy to the bank after endorsing thereon the following words, namely- "Encumbrances noted (Signature) dated......................" Where the document creating charge,
variation or mortgage is not sent to the Sub-Registrar within the period
mentioned in sub-section (1) or sub-section (3) of Section 9, then such
document may be registered by following the normal procedure laid down in the
Registration Act, 1908. (1)
After receiving the copies of document under
sub-rule (5) of Rule 3, the Sub-Registrar shall check whether the document is
duly stamped, and whether the document or its copies are free from defects. (2)
If the Sub-Registrar is of the opinion that
the copies are in order, he shall make necessary endorsements on both the
copies of the document. The Sub-Registrar shall then cause one copy of the
document to be filed in Book No. 1 prescribed under Section 51 of the
Registration Act, 1908 and shall return the other copy to the Bank in the
registered envelope supplied for the purpose. (3)
If the Sub-Registrar is of opinion that the
copies are not in order, he shall follow the procedure specified in Section 9
(3). (4)
Where the copy of the document is received
back from the Sub-Registrar under Section 9 (3) on the ground that the
document- (a)
is not duly stamped, the bank shall get the deficiency
made good by annexing additional stamp paper to the original document and the
additional stamp paper so annexed shall be cancelled by the bank so that it
cannot be used again; (b)
suffers from any defect arising out of an
accidental slip or omission, the bank shall get the defects removed, and then,
fresh copies of the document shall be prepared and sent to the Sub-Registrar in
accordance with Rule 3 (5) within the time allowed by Section 9 (3). While sending the copies of the
document to the Sub-Registrar under sub-rule (5) of Rule 3 or to the
Tahsildar under sub-rule (1) of Rule 4, the Bank shall also supply to each of
such officers, a self-addressed envelope bearing requisite postage stamps in
order to enable them to return the copy by registered post. Where a copy of the document creating
a charge, variation or mortgage has been sent to the Sub-Registrar under
Section 9, a nominee of the Bank may inspect the relevant record of the
Sub-Registrar concerned to ensure whether the said copy has been filed in
accordance with the said section. No fee shall be charged if such inspection is
made within one month from the date of sending the copy to the Sub-Registrar
under Section 9 (1). Where the properties charged or
mortgaged are situate within the local limits of jurisdiction of more than one
Sub-Registrar or Tahsildar, the procedure prescribed by Rules 3 to 8 shall be
followed in respect of each Sub-Registrars or Tahsildars. Where an agriculturist intends to vary
a declaration in accordance with sub-section (2) of Section 6, he shall, as far
as possible, follow the procedure laid down in Rules 3 to 9. (1)
When the amount of any financial assistance
secured by a charge or mortgage has been fully paid up, the agriculturist or
his legal representatives may apply to the bank for issuing a Certificate of
Discharge. (2)
The Bank shall thereupon prepare Certificate
of Discharge in Form A which shall be handed over to the agriculturist or his
legal representatives along with the original declaration referred to in Rule 3
(5). (3)
Whenever the agriculturist or his legal
representatives obtains a Certificate of Discharge from the bank, he may apply
to the Tahsildar that the factum of discharge of the debt may be noted in the
remarks column of the Annual Register (Khatauni) for the Fasli year in which
such certificate was issued. CHAPTER III Distraint and Sale of Movables (1)
Where any charge has been created on any
movable property or the crop, or other produce in favour of a Bank in respect
of any financial assistance granted to an agriculturist, and the whole or any
part of the amount due in respect thereof remains unpaid, the Bank may apply to
Tahsildar having jurisdiction, for distraint and sale of such property, crop or
other produce. (2)
Every application under sub-rule (1) shall be
in Form B. The application shall be accompanied by sufficient number of copies
thereof along with copies of notices in Form C for service on the agriculturist
or his heirs or legal representatives, as the case may be. (3)
A fee at the rate of ten per cent (or at such
other rate as the State Government in the Revenue Department may from time to
time fix in this behalf), on the amount of the claim shall be payable in
respect of every such application. The amount of fee shall be deposited in
Government Treasury under the Head "065-Other
Administrative Services-Other
Services-(20) Other Miscellaneous-Receipt",
and the Treasury Challan shall be attached to the application as evidence of
payment of the prescribed fee. (4)
An attested copy of the document creating the
charge shall be filed along with the application referred to in sub-rule (1).
But the Tahsildar may summon the original document as and when he considers it
necessary. On receipt of the application referred
to an Rule 12 the Tahsildar shall cause to be noted thereon, the date of its
presentation, and if he is satisfied that the application is in order, he shall
cause to be served on the agriculturist or his heir or legal representative, a
written notice of demand in Form C, calling upon him to pay the amount
specified in the notice within a period of fifteen days from the date of
service thereof or to show cause why the property charged be not distraint and
sold. The notice referred to in Rule 13,
shall be served by delivering a copy to the agriculturist or his heir or legal
representative or to any adult male member of his family at his usual place of
residence or to his authorised agent, or when such service cannot be so
effected, by affixing a copy of the notice on some conspicuous part of his
residence, or by registered post. If the amount specified in the notice
or any part thereof remains unpaid after the expiry of the time allowed
therefor, or if no cause is shown, or where the cause shown is considered by
the Tahsildar to be insufficient, the Tahsildar shall cause the property
charged to be distrained. The Tahsildar shall make proper
arrangement for the custody and preservation of the distrained property during
the interval between distraint and actual sale thereof. The applicant or an
officer of the Bank concerned shall if so required, undertake the custody and preservation
of the property distrained. The distraint shall not be made at any
time after sunset and before sunrise. Where the crops or ungathered produce
of the land are distrained, the Tahsildar may cause them to be sold when fit
for reaping or gathering, or at his option may cause them to be reaped or
gathered in due season and stored in proper place until sold. It shall be lawful for the Tahsildar
or any official authorised by him to force open any stable, cow house, granary
godown, outhouse or other building, and he may also enter any dwelling-house in
outer door of which may be open, and may break open the door of any room in
such dwelling-house for the purpose of distraining the properties referred to
in Rule 12 (1): Provided that it shall not be lawful
for the Tahsildar or such official to break open or enter into any apartment in
such dwelling-house appropriated for or the residence of women except after
giving due notice for retirement or removal of such women. (1)
The Tahsildar may, subject to the provisions
of Rule 22, sell or cause to be sold by public auction any property distrained
under Rule 15 of such part thereof as may in his opinion be necessary to
satisfy the demand together with expenses of the distraint and sale. (2)
The Tahsildar shall at any time before the
date of sale cause a proclamation of the date and place of the intended sale to
be made by beat of drum in the village in which the agriculturist or his heir
or legal representatives reside or the properties referred to in Rule 12 (1)
are kept and in such other place or places as the Tahsildar may consider
necessary to give due publicity to the intended sale. (3)
The Tahsildar may in his discretion adjourn
the sale to a specified day recording the reasons for such adjournment. Where a
sale is adjourned for longer period than fifteen days, a fresh proclamation
under sub-rule (2) shall be made unless the agriculturist or his heir or legal
representative consents to waive it. (4)
The purchaser shall not be permitted to carry
away any part of the property purchased until he has paid for it in full. (1)
Where any crop, produce or other movable
property is distrained and sold under this Chapter, the amount realised be utilised
in the manner laid down in Rule 29. (2)
The agriculturist or his heir or legal
representative shall be given a receipt for the amount discharged from the sale
proceeds. Where, prior to the date fixed for
sales, the agriculturist or his heirs or legal representatives or any person
acting on his behalf or any person claiming an interest in the property
distrained pays the full amount due, including interest, and other expenses
incurred in the distraint and sale of the property charged the Tahsildar shall
not proceed with the sale and shall release the property forthwith. CHAPTER IV Sale of Land or Interest therein (1)
Where any charge or mortgage has been created
on any land or interest or on any other immovable property in favour of a bank
in respect of any financial assistance granted to an agriculturist and the
whole or any part of amount due in respect thereof remains unpaid, the bank may
apply to the Prescribed Authority for the sale of such land, or interest
therein or other immovable property. (2)
Every application by a Bank under sub-rule
(1) shall be in Form D. The application shall be accompanied by sufficient
number of copies thereof along with copies of notices in Form E for service on
the agriculturist or his heirs or legal representatives, as the case may be. (3)
A fee at the rate specified in Rule 12(3)
shall be payable on every application referred to in sub-rule (1). The amount
of fee shall be deposited in Government Treasury or the State Bank of India
under the Head mentioned in Rule 12(3) and the Treasury Challan shall be
attached to the application as evidence of payment of the prescribed fee. (4)
An attested copy of the document creating the
charge of mortgage shall be filed along with application referred to in
sub-rule (1). But the Prescribed Authority may summon the original as and when
it is considered necessary. (1)
On receipt of the application referred to in
Rule 23, the Prescribed Authority shall cause to be noted thereon, the date of
its presentation, and if it is satisfied that the application is in order, a
notice in Form E shall be served on the agriculturist, his heir or legal
representatives, as the case may be, calling upon him to pay the amount
specified in the notice within a period of twenty-one days or to show cause why
a direction for the sale the property charged or mortgaged be not issued. (2)
The notice referred to in sub-rule (1) shall
be served in the manner laid down in Rule 14. (1)
If the amount specified in the notice
referred to in Rule 24 or any part thereof remains unpaid after the expiry of
the time allowed there for, or if no cause is shown, or where the cause shown
is considered by the Prescribed Authority to be in sufficient, the Prescribed
Authority shall by order direct that the amount due to the bank be paid by sale
of the property charged or mortgaged. (2)
Every order under sub-rule (1) shall be in
writing and shall contain the following particulars- (a)
the reasons on which the decision is based; (b)
a direction as to costs and interest, if any
; (c)
the number of cases, and the names and
description of the parties; (d)
the date when the order was signed and
pronounced. (3)
A copy of the order under sub-rule (1) shall
be sent to the Civil Court having jurisdiction and, subject to the result of
appeal, if any, shall be executed as a decree of such court. CHAPTER V Recovery of Dues as Arrears of Land
Revenue [2][* * * * *
* *] Every certificate referred to in
sub-section (1) of Section 11-A shall be prepared in Form F and shall be sent
to the Collector of the district in which the agriculturist or his heirs or
legal representatives ordinarily reside or carry on the activities referred to
in Section 2(a) or own properties. On receipt of the certificate in
accordance with Rule 27, the Collector shall cause the same to be entered in a
register maintained for the purpose and shall proceed to recover the amount
specified in the certificate as arrears of land revenue. The amount recovered under Rule 21 or
Rule 28 shall be utilized in the following manner: (a)
Firstly, for meeting the expenses of recovery
which shall be charged at the rate of ten per cent (or at such other rate as
the State Government in the Revenue Department may from time to time fix in
this behalf) on the amount of the claim ; (b)
Secondly, for payment of the Government dues
or other prior charges, if any; (c)
Thirdly, for payment of the dues of the bank; (d)
The balance, if any, shall be paid to the
person from whom the recovery was made. The account referred to in clause (c)
of Rule 29 shall be remitted to the Bank as far as possible within one month
from the date of recovery- (i)
by money order, if it docs not exceed rupees
twenty-five ; and (ii)
by bank-draft or by postal order, if it
exceeds rupees twenty-five. CHAPTER VI Procedure before. Appellate Authority (1)
Every appeal under Section 12 shall be
presented in the form of a memorandum setting forth concisely the grounds of
objection to the order appealed against. A certificate copy or a typed attested
copy of such order shall invariably be attached to the memorandum. (2)
The memorandum of appeal shall be accompanied
by sufficient number of copies thereof along with copies of notices in Form G
for service on the respondents. (3)
The provisions of Rule 23 (3) and Rule 24
shall mutatis mutandis apply to an appeal under Section 12 as they apply to an
application under Section 11(1). (1)
Where the appellate authority is of the
opinion that the memorandum of appeal suffers from any defect it shall make a
note to that effect and shall call upon the appellant to remove the same. (2)
If the defects pointed out by the appellate
authority are removed within the period specified therefor or within such
extended period as the appellate authority may from time to time grant, the
latter may admit the appeal for hearing. (3)
If the appellant fails to remove the defects
within the period specified in sub-rule (2), or if the appeal is beyond the
limitation specified in Section 12(1), the appellate authority shall, subject
to the provisions of Section 24, reject the appeal. (4)
Where the appeal is admitted, the appellate
authority shall fix a date for hearing and the notice of the date of hearing
shall be served on the respondent in Form G. An intimation of the date shall
also be sent to the appellant. (1)
On the date fixed for the hearing of an
appeal, the appellate authority shall go through the record and hear the
parties to the dispute or their authorised agents and shall pass such order on
the appeal as the appellate authority may deem fit. (2)
The provisions of sub-rules (2) and (3) of
Rule 25 shall mutatis mutandis apply to every order made under this rule. The appellate authority may, in its
discretion, adjourn to any other date the hearing of any appeal at any stage. CHAPTER VII Miscellaneous (1)
The Tahsildar, the Prescribed Authority or
the appellate authority, as the case may be, may issue summons for the
attendance of a witness, provided the party concerned deposits in advance such
amount towards expenses as officer or authority concerned considers necessary
for securing such attendance. (2)
The summons shall require the person
summoned, to appear before the said officer or authority at a stated time and
place, and the summons so issued shall specify whether his attendance is
required for the purpose of giving evidence or to produce any documents or for
both. Any particular document the production of which is required for the
purpose, shall be described in the summons with reasonable accuracy. (3)
Any person may be required to produce a
document, without being summoned to give evidence and such person shall produce
the required document personally or may send it by registered post. (4)
The summons may be served in the manner
specified in Rule 14 or by any other mode specified in the Code of Civil
Procedure, 1908. The Tahsildar, the Prescribed
Authority or the Appellate Authority shall make a memorandum of any oral
evidence admitted by him or it. (1)
In the case of absence of any party the case
may be decided ex parte. (2)
The Tahsildar, the Prescribed Authority or
the Appellate Authority may on an application being made in that behalf, and
for sufficient cause- (a)
set a side an ex parte order, or (b)
restore an application or appeal dismissed
for default of appearance of the applicant, or the appellant as the case may
be. (3)
An application under sub-rule (2) shall be
made within thirty days from the date of the ex parte order or from the date of
dismissal of application or appeal and in the case of an ex parte order, where
the notice was not duly served on the applicant, within thirty days from the
date of knowledge of such order. (4)
Notwithstanding anything contained in
sub-rule (3), no application referred to in sub-rule (2) shall be entertained- (a)
in the case of any movable property, if such
property has already been sold, and (b)
in the case of any immovable property, if the
sale has already been confirmed. (1)
Any person affected by an order passed by the
Tahsildar, the prescribed authority or the appellate authority shall be
entitled to be furnished with a certified copy thereof and any other connected
document on application duly made in that behalf. (2)
Every application for certified copy shall be
accompanied by the requisite copying charges. The scale of charges shall be the
same as laid down for the criminal courts subordinate to the High Court. (1)
Every document or record tendered by a party
or any other person may, on application, be returned to such party or person
after the disposal of appeal and where no appeal is filed, after the expiry of
the period for appeal. No fees shall be charged for return of said documents or
records. (2)
The original deed of charge, the variation or
mortgage in possession of the bank shall be returned to the agriculturist or
his legal representatives after the bank's dues are discharged in full. Every order, notice, summons or
intimation issued by any officer or authority under the Act or these Rules
shall be in writing and shall bear the signature of such officer or authority
or such authority as may be authorised in this behalf, and shall be
authenticated by the seal of such officer or authority. (1)
Where a bank acquires any land or any
interest therein or any other immovable property under Section 12-A, it shall
dispose it of by a registered sale-deed in favour of an agriculturist within a
period of one year from the date of such acquisition. (2)
A bank desirous of transferring the property
referred to in sub-rule (1) after the expiry of the period referred to in the
said sub-rule, shall have to obtain prior approval of the State Government, in
the Revenue Department. (3)
Every application for permission to transfer
a property under sub-rule (2) shall be sent to the Secretary to the Government
of Uttar Pradesh in the Revenue Department, Council House, Lucknow, and if no
reply is received within six months from the date of receipt of such application
by the Government the application for permission shall be deemed to have been
granted. Where the Sub-Registrar apprehends
that the original document referred to in Section 9 is not duly stamped or that
it is otherwise necessary to summon the original for purposes of perusal by
him, he may by notice summon the original document from the bank and the bank
shall be bound to comply with such notice. [3][(1) Notwithstanding
anything contained in these Rules, if a bank has already paid requisite fee- (a)
in accordance with Rule 12(3) in respect of a
particular claim, it shall not again be required to pay any fee under Rule
23(3) in respect of the said claim; (b)
in accordance with Rule 23(3) in respect of a
particular claim, it shall not again be required to pay any fee under Rule
12(3) in respect of the said claim ; (c)
either under Rule 12(3) or Rule 23(3) in
respect of any particular claim, then no deductions shall be made on account of
the expenses of recovery under Rule 29(a) in respect of the said claim. (2) Where a bank claim that it is not liable to
pay any fee under clause (a) or clause (b) of sub-rule (1) or that no
deductions should be made under clause (c) of the said sub-rule, then it shall
produce a certified or attested copy of the Treasury Challan as evidence of
payment of such fee in earlier proceedings.] [1] Vide Notification No. IF-1434/X117-74, dated May
12, 1975, published in U.P. Gazette, Extra., dated 12th May, 1975, pp. 12-22. [2] Omitted by Notification No. IF-196/X-77, dated February
18, 1978, published in U.P. Gazette, Extra., dated 28th February, 1978. [3] Inserted by Notification No.
IF-3007/10-150-75,
dated September 15, 1975, published in U.P. Gazelle, Extra., dated 15th
September, 1975 (w.e.f. 15-9-1975).UTTAR
PRADESH AGRICULTURAL CREDIT RULES, 1975