Section 12A(1) in Himachal Pradesh Co-operative Agriculture and Rural Development Banks Act, 1979
(1)Every person who applies for a loan from the Agriculture and Rural Development Bank shall make a declaration in the prescribed form before an officer specified by the Registrar in this behalf that the movable or immovable property on which the gehan or mortgage or hypothecation is created as security for the loan is free from encumbrances, that he is in actual possession thereof and that he has the right to create the gehan or mortgage or hypothecation, as the case may be, thereon in favour of the Agriculture and Rural Development Bank.