In this book, the author has made an attempt to examine, analyse and elucidate the various provisions of this Act. It explains in clear and candid language how financial assistance can be obtained by an agriculturist from a bank and how the law ensures its speedy recovery. Amendments and case-law are incorporated till the date of publication of the book.
Table of Contents:
PRERACE TO THE FOURTH EDITON V PREFACE TO THE FIRST EDITION VII TABLE OF CASES XII PREAMBLE 1
CHAPTER I : PRELIMINARY Short title, extent and commencement 5 Definitions 8
CHAPTER 2 : RIGHTS OF AGRICULTURIST TO ALLIENATE LAND OR INTEREST IN LAND IN FAVOUR OF BANKS Vesting of rights of alienations on agriculturists not having such rights 29 Charge on crop and other movable property in favour of a bank 37 [ Omitted ] 43 Creation of charge on land in favour of a bank by declaration 43 Transfer of charge or mortgage to land allotted during consolidation operations 48
CHAPTER 3 : CHARGES AND MORTGAGES IN FAVOUR OF BANKS AND THEIR PRIORITIES Removal of disability in creation of charges and mortgages 50 Priority of charges and mortgages in favour of Government, a bank and a co-operative society 53 Registration of charge and mortgage in favour of bank 56 Nothing of charge or mortgage in the record-of-rights 67 Registration of discharge certificates 69 Restriction on creation of tenancy by an agriculturist borrower 70
CHAPTER 4 : RECOVERY OF DUES BY BANKS Removal of bar to attachment and sale by process of court 73 Distraint and sale of produce and movable 75 Recovery of dues of a bank through a Prescribed Authority 83 Recovery in the case of personal security 91 Appeal 105 Rights of bank to acquire and dispose of immovable property 108 Recovery of dues from legal representatives 111 Recovery of dues from sureties 113
CHAPTER 5 : FINANCING OF CO-OPERATIVE SOCIETY BY BANKS Definition of Registrar 114 Bank eligible to become member of a co-operative society 115 Power of co-operative societies to borrow from bank 118 Inspection of books of a co-operative society by a bank 118 Disputes between a bank and a co-operative society 117 Settlement of disputes 121 Decision of Registrar or his nominee 123 Recovery of money award 126 Powers of a bank to proceed against defaulting members of a co-operative society 126 Audit, inspection and inquiry reports of societies to be available to banks 129
CHAPTER 6 : MISCELLANEOUS Exemption from legislations relating to money lending and agriculturist' debt relief 130 Mortgage executed by managers of joint Hindu family 131 Modified application of Section 8 of Act XXXII of 1956 133 Application of Sections 4, 5 and 12 of Act No. 36 of 1963 Power of State Government to make rules 137 SCHEDULE : U.P. Agricultural Credit Rules, 1975 141
APPENDICES The United Provinces Regulation of Agricultural Credit Act, 1940 (U.P. Act 14 of 1940) 156 The Banking Service Commission Act, 1984 (44 of 1978) 157 The Regional Rural Bank Act, 1976 (21 of 1976) 169 Notification under Section 2(c)(ix) of the Act 181 Notification under Section 2(c)(ix) of the Act 182 First Notification for exemption from stamp duty 182 Second Notification for exemption from stamp duty 183 Third Notification for exemption from stamp duty 184 Fourth Notification for exemption from stamp duty 185 Fifty Notification for exemption from stamp duty 186 Sixth Notification for exemption from stamp duty 187 Seventh Notification for exemption from stamp duty 188 Eighth Notification for exemption from stamp duty 189 Notification regarding the commencement of the U.P. Agricultural Credit Act, 1973 190 Notification under Sections 3, 5 11 and 12 of U.P. Agricultural Credit Act, 1973 190 Notification No. I.F.-1329/X-12/73, dated May 3, 1975 191 Notification No. I.F.-1328/X-119/74, dated May 3, 1975 191 Notification under Section 58(f) of Transfer of Property Act, 1882 191 Notification under Section 58(F) of the Transfer of Property Act, 1882 192 Extracts from the Indian Stamp Act, 1899, as amended in its application to Uttar Pradesh by U.P. Act 20 of 1974 192 The Uttar Pradesh Public Moneys (Recovery of Dues) Act, 1972 197 Notification under U.P. Public Moneys (Recovery of Dues) Act, 1972 201 Notification under Revenue Recovery (U.P. Amendment) Act, 1965 204 The Uttar Pradesh Co-operative Land Development Banks Act, 1964 206 The Uttar Pradesh Co-operative Land Development Banks Rules, 1971 217 SUBJECT INDEX 230
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