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[Cites 0, Cited by 0] [Section 5] [Entire Act]

State of Rajasthan - Subsection

Section 5(3) in Rajasthan Agricultural Credit Operations (Removal of Difficulties) Rules, 1976

(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.