Section 83A in The Orissa Co-operative Societies Act, 1962
83A. [ Grant of loan by [Co-operative Agricultural and Rural Development Bank] [Substituted by Orissa Act No. 1 of 1979 Sections 3 & 4-See Orissa Gazette Extraordinary dated 25.9.1979.].
- Any [Co-operative Agricultural and Rural Development Bank] [Substituted by Orissa Act No. 23 of 1994 Section 5.] may grant loan to its members against the creation of a charge on or mortgage of land free on encumbrances.][ [83B. Applicant for loan to make a declaration.] [Substituted by Orissa Act No. 5 of 1970 Section 10, See Orissa Gazette Extraordinary dated 5.3.1970.](1)Every applicant for a loan to a [Co-operative Agricultural and Rural Development Bank] [Substituted by Orissa Act No. 23 of 1994 Section 5.]shall make a declaration in the form prescribed by the Co-operative Agricultural Rural and Development Bank before an officer authorised by the Registrar in this behalf, on solemn affirmation that the land sought to be mortgaged is free from all encumbrances and that the mortgagor is in possession thereof and has the right to create the mortgage.(2)The declaration made under Sub-Section (1) shall be conclusive, final and binding.(3)If at any time a declaration made under Sub-Section (1) is found to be false or defective, the [Co-operative Agricultural and Rural Development Bank] [Substituted by Orissa Act No. 23 of 1994, Section 5.] shall subject to the provisions of Section 85, have a first charge on all other movable and immovable properties of the applicant, and all such properties shall be deemed to have been included in the mortgage deed and the Development Bank may proceed against all such properties of mortgagor under Section 91.Explanation - A charge created under Section 34 shall not constitute an encumbrance for the purposes of this section and Section 83-A.(4)Only those applications which confirm to the requirements of Sub-Section (1) shall, in accordance with the rules made in that behalf, be taken into consideration by the bank.]
