Section 9 in The U.P. Agricultural Credit Act, 1973
9. Registration of charge and mortgage in favour of banks.
(1)Notwithstanding anything contained in the Registration Act, 1908 (Act No. XVI of 1908), a charge in respect of which a declaration has been made under sub-section (1) of Section 6 or in respect of which a variation has been made under sub-section (2) of that section, or a mortgage of any land or interest therein or other immovable property executed by an agriculturist in favour of a bank in respect of financial assistance given by that bank, shall be deemed to have been duly registered in accordance with the provisions of that Act with effect from the date of execution of such charge, variation or mortgage, as the case may be, provided the bank has sent to the Sub-Registrar within the local limits of whose jurisdiction the whole or any part of the property charged or mortgaged is situate, within a period of one month from the date of such execution, by registered post acknowledgment due, a copy of the document creating such charge, variation or mortgage duly certified to be a true copy by an employee of the bank authorised to sign on its behalf and the Sub-Registrar has filed it in Book No. 1 prescribed under Section 51 of the Registration Act, 1908.["(2) The Sub-Registrar receiving a declaration in respect of charge, variation or mortgage referred to in sub-section (1) shall, as immediately as practicable on receipt thereof, and after ascertaining that the document containing the declaration, variation or mortgage, as the case may be, has been made on a duly stamped paper, file its copy in Book No. 1 prescribed under Section 51 of the Registration Act, 1908.(3)Where the Sub-Registrar is of opinion that the declaration, variation or mortgage, as the case may be, has not been made on a duly stamped paper, he shall send back the copy of the document to the bank requiring it to get the deficiency in stamp duty made good by the agriculturist within thirty days or within such extended time as the Sub-Registrar may allow in that behalf.[(2) The Sub-Registrar shall, as soon as may be, on receipt of the copy of the document referred to in sub-section (1), and after ascertaining that said document is duly stamped, file the copy in Book No. 1 prescribed under Section 51 of the Registration Act, 1908.(3)Where the Sub-Registrar is of the opinion that the said document is not duly stamped or suffers from any defect arising out of an accidental slip or omission, he shall send back the copy of the document to the bank requiring it to get the deficiency in the stamp duty made good on the original or to get the defect removed within thirty days or within such extended time as the Sub-Registrar may allow in that behalf] [Substituted by U.P. Act No. 19 of 1975, vide Section 9 (w.e.f. 31-3-1975), old sub-rules (2).and (3) of Section 9, runs as under:](3-A) The bank shall get the deficiency made good or the defect removed, notwithstanding anything contained in the Indian Stamp Act, 1899.](4)After the deficiency in stamp has been made good [or as the case may be, the defect has been removed] [Instituted by U.P. Act 19 of 1975 Vide Section 9 (b), (w.e.f. 31-3-1975)], the Bank shall send the copy of the document again to the Sub-Registrar in the manner laid down in sub-section (1) and thereupon the Sub-Registrar shall file the copy in Book No. 1 in accordance with the provisions of sub-section (2).(5)Notwithstanding anything contained in the Registration Act, 1908, is shall not be necessary for the agriculturist or any officer of the bank to appear in person or by agent in any registration office in any proceeding connected with the registration of the document or. to sign as provided in Section 58 of the said Act.[9-A. Noting of charge or mortgage in the record-of-rights]. [ Sections 9-A and 9-B, inserted by UP. Act 19 of 1975, vide Section 10 (w.e.f. 31-3-1975)]- Where a copy of the document creating charge, variation or mortgage has been sent for registration under Section 9, the bank may give intimation to the Tahsildar or such other official as may be designated in this behalf by the State Government, of the particulars of such charge, variation or mortgage. The Tahsildar or the other official shall make a note of the particulars of the charge, variation or mortgage in the record-of-rights relating to the land in respect of which such charge or mortgage has been created or variation has been made.
