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43 OF 1975
ORISSA ACT
THE QRISSA AGRICULTURAL CREDTT OPERATIONS ilND
MISCEELAI'JEOUS PROVISIONS (BANKS) ACT: 1973
SECTIONS
CHAPTER I
CHAPTER 11
Rights of Agdcult urists to create charge on land and iotcrcsfs
therein in favour of Banks
3. Craation OF chnrge on cro-3 3nd othcr rnwable properti in f;luour of bank
4. Creation of chargz on Isnd in favour of z bnnk by a declarat ioil I
CHAPTER I11
Cknrps rand martgages in farour of na&s nnd their priorities
5 . Removal of disabitity in creation of chargo and mortgages
CHAPTER I V
Arrangomcnts for rccovelLy of dues by Banks
9. Rzrnoval of bar to attachmcut and sale by pro:e;s of court
10. Recovery OF dues of a bank thro:lgh a~prsscrib~b
aut1101iiy
SECTIONS
15. lnspecrion of Books of Co-operative Socicty by a b?qk
15. Disputcs between a bank and a Co-operat ive Socic t?
17. SettIemcnt of disputes
18. Procedure for hearing of disputes
19. Decision of Registrar or his nominez or Board of nominees
20. Recovery of money nwardcd
21. Powers of a bank to proQcd against defaulting ~llembersof a Co-opcraliw
Society.
22. Audit, inspection and imquiry rcports of societies to be available to banks
CHAPTER VI
Miscellaneous
23. Exemption from legislations relating to rnoncy-lending and agriculturists debt
re1ief.
24. Mortgages executed by Managers of joint Hindu familicn
25. Modified appliaation of section 8 of Act 32 of 1956
26. Power of State Gnvcmment to makc rule
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PRELlMlNARY
I
1. (1) This Act may be called the Orissa Agri- z&;ttEi !
,,,,,
disability in
.,tained5. inNotwithstanding anything to the contrary con-
the Orissa Co-operative Societies Act, 1962
orissa A C ~
hf
crcatio~~ of
charge and DT in any other law- for the time being in force and
rnortgngcs. notjvithstanding that any land- or interest therein
stands already charged or mortgaged in favour of
a Co-operative Society, it shall be lawful for arl
agricult~zristto create a charge or mortgage on sucl)
land or interest therein in favour of a bank as
security for any financial assistance given to the
agriculturist by that bank,
Priority of 6. ( I ) Notwithstanding anything to the contrary
charflcs and in any law for the t h e behg in force,-
morl~36CS
in hvour of
Govcrnrncnt
,r n CO-
.petntavc
(a) no charge or mortgage created on any land
ocicty. or interest thereh, after the comence-
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.
co-operathe society or any other bank,
. prior. to the date on which the charge or
.'
'
L .
. .
mortgage was created in'favour of the bank.
'- (2) Where. different charges or mortgages over
the same land or interest therein have been created
by an 'agriculturist in favour of 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 Government, co-operative
society or the bank or banks by way of tcnn loan for
development purposes shall have priority over the
other charges or mortgages created in favotrr of
Government, co-operativc society or any of the banks,
provided prior notice of any sucl~financia1 assistance
by w a y of term loan for developn~ent purpose had
been given to such Govermne~lt,co-operat ive society
er bank and such Governlent, co-operaf ive society
or.bank has concurred in such financial assistance,
abd where more ,than one such cl~argeor mortgag
is as security for financial assistance given by way
of term loan, the charges or ~nortgagesby way of
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15. (1) A bank shall have the right to inspect the rnspcc~ion
books of any co-operative society which has either of books
,fmapcra-
applied to the bank for fi~~a~lcial assistance or- is tlvc SOC~C~P
by a bank.
indebtod to the bank on account of financial assis-
tance granted earlier.
(2) The inspection nlay be carried out by an
officer or any other ~nembcrof the paid staff of the
bank with the previous satlction in writing of the
Registrar of Co-operative Societies.
824 THEORISSAAGRICULTURAL
CREDIT AND
OPERAT~ONS [Or.Act
(Sacs. 25-26)
Power of
26, The State Government may, by notification,
Statc make rules to provide for all or any of the matters
Government for which provision is necessary or expedient for the
to rnakc
purpozs of giving eff'cctto the provisions of this Act.
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--
Namc of
Village
Name of
Tafiasil
Name of
District
City Survey No.
1 "' Hissa
-I. East
South- N~th-
West
7 .1 I 4 1
I
I
i
--
Area Assessment
Approximate
value
II Encumbrances, if any
Remarks,
if any
Acres Rupees 1I Paise Nature I Amount
I I
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(Sch. contd.)
In witness whereof, I, Shri.. .................. ,. ..... ..hcreunde set my
hand this. ...................... .day of. .................. .in the year onc thousand
nine hundred and.. ............................
Witnesses
Signed and delivered by the above-named in the presence of t
. (1)
Attested by
Forwarded to the Sub-Registrar with a request t o rctain a copy of thc document in
his ofice and recofd the particulars of the charge.. ...................... created
in the . .property of the executant.
..................................... .Bank
Place
Sub-Registrar