Section 83 in Rajasthan Co-operative Societies Rules, 2003
83. Procedure for submission and consideration of applications for loans from Land Development Banks.
(1) All applications for loans from a Land Development Bank shall be made in the from prescribed by the State Land Development Bank with the approval of the Registrar. The form shall among other things contain a list of documents which are required to be submitted for purposes of dealing with the application.(2)Every Land Development Bank shall keep sufficient stock of printed copies of the forms of loan applications and shall supply them to the intending borrower on payment of such fee as may be specified, from time to time, by the State Land Development Bank.(3)Every Land Development Bank shall specify, from time to time the name, designation and address of the officer (hereinafter in this chapter referred to as "receiving officer"), who shall receive all loan applications from the intending borrowers.(4)The application together with copies of necessary documents and the amount of all fees specified by the State Land Development Bank with the approval of the Registrar and deposit equivalent to the value of one share of the Bank, shall be submitted by the applicant to the Receiving Officer.(5)On receipt of an application for loan, the Receiving Officer shall put his initials on the application and mention his designation and the date of receipt of the application.(6)After an application for loan has been received, the Receiving Officer shall verify whether it contains all the necessary particulars and is accompanied by the necessary documents. If any details are lacking, he shall get the application completed by the applicant.(7)Each application shall be entered in the chronological order in the register of applications for loans from the Land Development Bank to be maintained by the Receiving Officer and shall be dealt with in the same order.(8)Immediately after the application is entered in the register of applications for loans from the Land Development Bank, the Receiving Officer shall forward it to the Deputy/Assistant Registrar of Co-operative Societies with in whose jurisdiction the land in respect of which the application is made is situated, being the person prescribed for the purposes of sub-section(1) of section 74 of the Act, hereinafter in this chapter referred to as the Public Enquiry Officer'. The Public Enquiry Officer shall give at least eight days, public notice in Form "I" calling upon all persons interested to present their objections to the loan, if any, The notice shall also be given by beat of drum and shall be affixed at the Chopal of the village where the applicant resides and in the limits of which the land or lands proposed to be improved or offered as security for the loan is or are situated. A copy of the notice shall be exhibited in the head office and relevant branch office, if any, of the Land Development Bank concerned and in the office, if any of the person giving the notice. If any person, interested fails to appear as stated or as required by the aforesaid notice, the questions at issue will be decided in their absence and such persons will have no claim whatsoever against the property for which the loan applied for will be sanctioned till such time as the loan together with interest thereon or any other dues arising out of the loan are paid in full by the loanee.(9)The Public Enquiry Officer shall consider every objection submitted under sub-section (1) of section 74 and then forward the applications within two days of their disposal to the Land Development Bank concerned. In case the Public Enquiry Officer is unable to forward the application within two days, he shall make a report to the Registrar, stating thereunder the reasons therefor and he shall, thereafter act in accordance with such directions as may be issued to him by the Registrar.(10)The Land Development Bank may appoint an enquiry officer (hereinafter in this Chapter referred to as "the Enquiry Officer") to enquire into the applications. The Enquiry Officer shall make inquiry by actually visiting the land in which the improvement is proposed to be effected and the lands and other property offered as security. He shall conduct his enquiry in accordance with the form to be prescribed by the State Land Development Bank, with the approval of the Registrar.(11)The Enquiry Officer may make such other enquiries as may be necessary and shall value the lands according to such formula as may be laid down by the State Land Development Bank, with the approval of the Registrar, from time to time, estimate the repaying capacity of the applicant and examine the feasibility and the utility of the proposed improvement. He shall then submit his report stating what amount of loan may be granted to the applicant against what security and for what purpose and the period with in which it may be recovered from him. The Enquiry Officer shall complete his enquiry within fifteen days of the date of the receipt of the application by him. If the Enquiry Officer is unable to complete his enquiry within fifteen days, he shall make a report to the Registrar stating therein the reasons therefor and he shall thereafter act in accordance with such directions as may be issued to him by the Registrar.(12)After completion of the enquiry, the application together with his report shall be submitted by the Enquiry Officer to the Land Development Bank together with the following certificates:-(a)Certificate regarding outstanding Government dues.(b)Any other relevant certificate.(13)On receipt of the report of the Enquiry Officer under sub-rule (12), the Land Development Bank shall satisfy itself that the enquiry has been properly conducted. If there are any deficiencies, the Bank shall get them completed immediately.(14)The Land Development Bank may then undertake such further scrutiny as may be necessary and either pass final orders to the extent as may be empowered by the State Land Development Bank or recommend to the State Land Development Bank with in 30 days. Decision shall be communicated to the applicant within 7 days thereafter, The State Land Development Bank may also undertake such further scrutiny as may be necessary and pass final orders with in 30 days of the receipt of the application. In case the final orders are not passed within 30 days, the Land Development Bank or the State Land Development as the case may be, make a report to the Registrar stating therein the reasons thereof and shall thereafter act in accordance with such directions as may be issued to it by the Registrar.(15)All the applications received by the Land Development Bank shall be disposed of by the Bank within a maximum period of four months. If the Bank is unable to dispose of an application for loan with in the period of four months, it shall make a report to the Registrar stating therein the reasons thereof and the Bank shall thereafter act in accordance with such directions as may be issued to it by the Registrar.(16)In the case of rejection of application for loans, the reasons thereof shall be communicated by the Bank to the applicant, when the loan has been sanctioned, the Bank shall lay down the terms and conditions regarding grant of the loan, regarding payment of installments, submission of report on the progress of improvement of land and release of subsequent installments. The applicant shall be asked by the Land Development Bank to remain-present at the head office or branch office of the Bank on such date to be fixed, first for execution of the mortgage deed and the next date for receiving loan or the first installment thereof. The later date shall not ordinarily be later than 15 days from the date of communication of sanction of loan to applicant.(17)The applicant, while receiving the amount of the loan or the first installment of the loan, shall purchase shares of the bank to such extent as may be required under the bye-laws of the Bank. The Land Development Bank shall issue a receipt to the applicant giving full particulars of the amounts paid by him from time to time.(18)Failure to comply with any time limits specified in this rule shall not in any manner affect the validity of the sanction of the loans by Land Development Bank or by the State Land Development Bank.
