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

State of Odisha - Section

Section 22 in The Orissa Intensive Cultivation Scheme Loans Rules, 1951

22. Returns, registers and accounts.

- The Agricultural Department shall regulate the forms of all returns, registers and accounts relating to loans under the Act.Form 'A'
Name, father's naame,residence, etc. of applicant Type or machineries orimplements required alongwith full particulars Nature of security Probable price ofmachineries or implements Amount of loanadmissible Situation of the landoffered as security Applicant's right inthe land Proposed date or datesof repayment
1 2 3 4 5 6 7 8
               
Signature of applicantI/We declare that the statements made by me/us in the above application are true to my/our knowledge, except as to matters stated on information and believe, and as to those I/we believe the same to be true.Signature of applicantNote - Column 1-Aliases, if any, to be entered ; Column 3-The enquiring officer should, so far as may be possible, enquire into the statements made as to encumbrances, and record the result of his enquiries on the reverse of this Form.(Reverse of Form 'A')(Particulars to be filled in by Enquiring Officer)I. Field number and area of land owned or occupied by applicant and mahal, mauza and thana in which it is situated.II. Status of applicant, that is, whether proprietor, tenure-holder or raiyat.III. Security-
(i)If an interest of the applicant in immovable property than the nature and value of that interest and the extent of pre-existing encumbrances thereon, if any.
(ii)Where sureties offer personal security, their number, names, residence, status and means (viz., immovable landed property).
(iii)Where sureties offer to mortgage immovable property, then their names and the nature and value of the property, and, the extent of pre-existing encumbrances thereon, if any.
(In figures as well as in words)State here whether personal or otherwise, and whether, if it consists of immovable property, such property is free from encumbrances, and, if not, the nature and extent of the encumbrances, and if registered, the number and date of the registered deed and the name of the registry office.Reference to the Khatian number in the record-of-rights (if any) in which the land is contained shall be given.IV. Repayment-
(i)Suitable date for first instalment with reference to the circumstances under which the loan is applied for.
(ii)Proposed instalments and period of repayment.
V. Date on which the loan or any instalment thereof should be received by the applicant.Recommendations of the Enquiring Officer.Note-1. Where a record-of-rights has been prepared, a reference should be made to that record in order to ascertain the interest of the applicant, or that of his collateral surety, in the land which it is proposed to pledge.Note-2. In cases of joint loans in which no landed property is offered a security all that is necessary is to enquire whether the applicants are owners or occupiers of arable land within the meaning of Section 5 (1) of the Act, and to assertain the quantity of land in the cultivating possession of each, care being taken to exclude any land which has been sub-let or given away in usufructuary mortgage.Note-3. A statement is to the probable cost of the machinery supplied and how it is proposed to be used.Form 'B'[See Rule 9 (1) and (3)]Order and agreement under the Agriculturists' Loans Act, 1884 and the rules made thereunderOrderWhereas..........................son of.........of.................has applied for a loan under the Agriculturists' Loans Act, 1884 and has executed the agreement set forth below; it is hereby ordered that a sum aggregating *Rs...................to be advanced by the under-mentioned instalments, be granted as a loan under the said Act to be the said on the conditions set out in the agreement hereinbefore referred to, and for the benefit of the land specified in the first schedule thereto.InstalmentsDate...............*AmountSignature of officer granting the loanAgreementWhereas I......................son of.............of........have applied/application No.............dated................for loan of Rs*.........under the Agriculturists' Loans Act, 1884 to be expended on..........on the land specified in the first schedule hereto, I do hereby agree to observe on receipt thereof, the following terms and conditions :
(a)That the loan shall be payable on the dates and by the amounts specified below :
Date...............*Amount
(b)The loan shall be interest-free for a period of**............from the date of issue of the same/first instalment of the same. Thereafter it shall charge interest at Rs* per rupee per month or*....................per annum-
(a)On each kist date I shall pay, together with the instalments of principal, which is due from me, interest at the above rate on the amount outstanding against me up to the kist date.
(b)That if, after taking one or more instalments of the loan, I fail to take any other instalments within six weeks from the date on which I am entitled to it, the Collector or the Sub-divisional Officer may declare the loan closed. The total of the instalments taken by me shall then constitute the loan which shall be treated as having been fully paid on the date on which the last instalment was actually taken; and I shall be bound to repay the loan in such instalments annually or half-yearly as the Collector or the Sub-divisional Officer may decide, instead of the instalments specified in Clause (a) together with interest calculated in the manner described in Clause (a).
* In figures as well as in words.** Here enter the period and the rate as may have been notified under Rule (1) by Government.
(c)That the interest due on the previous instalments of the loan subject to the conditions in Clause (a) above shall be deducted from the amount of the last instalment at the time when this is paid to me, the whole loan being then considered, for the purpose of repayment, to have been made on the date on which the last instalment was advanced to me.
Note - Clauses (b) and (c) to be omitted in cases where the loan is granted in one instalment only.
(d)That the loan shall be applied solely to the purpose specified above, and that, if it is proved to the satisfaction of the Collector or the Sub-divisional Officer that any part of the said loan has been misapplied, the whole amount of the loan shall be deemed to become due forthwith, and the Collector or the Sub-divisional Officer may proceed to recover it with interest at the rate of 6V4 per cent per annum from the date on which the loan was made to the date of recovery.
(e)That as security for the payment of the loan, with any interest and costs that may become payable in respect of the same, the immovable property specified in Section A and the implements or machinery purchased with the loan granted under this Agreement and as described in Section B of the 1st schedule hereto is hypothecated to the State Government.
(f)That as collateral security for the repayment of the loan, with any interest and costs that may become payable in respect of the same, the immovable property specified in the 2nd schedule hereto is hereby mortgaged to Government.
Note - This clause will be retained only in immovable property other than the land to be improved, is mortgaged.
(g)That if any instalment is not repaid on the due date, the whole amount of the loan shall be deemed to have become due and payable.
(h)If it shall be proved to the satisfaction of the Collector or the Sub-divisional Officer that the statements made by me in my application for this loan as to the nature and extent of encumbrances are in any particular untrue the Collector or the Sub-divisional Officer may so declare in writing, and proceed to recover the whole amount of the loan with interest at the rate of 6 V* per cent per annum from the date on which the loan was made to the date of recovery.
First ScheduleSecond ScheduleWitnesses