State of Odisha - Act
Executive Instructions Issued by the Board of Revenue, Orissa under the Orissa Fertilisers Loans Rules, 1965
ODISHA
India
India
Executive Instructions Issued by the Board of Revenue, Orissa under the Orissa Fertilisers Loans Rules, 1965
Rule EXECUTIVE-INSTRUCTIONS-ISSUED-BY-THE-BOARD-OF-REVENUE-ORISSA-UNDER-THE-ORISSA-FERTILISERS-LOANS-RULES-1965 of 1965
- Published on 1 January 1965
- Commenced on 1 January 1965
- [This is the version of this document from 1 January 1965.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Introduction.
2. Allotment of funds.
3. [ Applications for loans exempted from stamp duty. [Vide Government of Orissa in the Law Department Notification No. 17957-J-(C). dated the 23 August, 1943.]
- Applications for loans or for the suspension or remission of loans under the Agriculturists' Loans Act, 1884 (Act XII of 1884) are exempted from stamp duty.]4. Applications for loans.
5. Restriction of loan to non-members of co-operative societies.
6. Register of Applications for loans.
- The Tahasildar having jurisdiction over the village of the applicant should receive the applications for loans. A Register of Applications for loans should be maintained in his office in Form No. 1 given in the Appendix.7. Officers competent to sanction loans.
8. Maintenance of case records.
9. Nomination of enquiring officers.
- As the Village Level Workers are closely associated with the agricultural efforts of the cultivators they may generally be nominated under Sub-rule (1) of Rule 11 to conduct enquiries into the applications for loans. The enquiry should primarily relate to adequacy of the securities offered and verification of encumbrances thereon. The Village Level Worker does not have land records and it must be ensured that he has reasonable access to land records which would be available with Revenue Inspector.Any instance of non co-operation between the Village Level Worker and the Revenue Inspector should be severally dealt with. It may be desirable to arrange the verification of land records in the Tahasil Office where the Revenue Inspectors and the Village Level Workers can meet and expedite verification under the supervision of the Revenue Supervisor and the Tahasildar. The Tahasildar and the Officer sanctioning the loans should also make arrangements for verification of encumbrances in accordance with instructions in paragraph 16.10. Mode of transmission of the application for enquiry.
- When an application is sent for enquiry to another officer it should be sent to him in original and a record of such transmission should be kept in the order-sheet of the case record. If the application is delivered personally to the enquiring officer or is sent to him through any other agent, the signature of the person to whom the application is delivered should be taken in Column 3 of the order-sheet. If on the other hand, the application is forwarded by post, the letter under which it is forwarded should be noted in the said column of the order-sheet.11. Enquiry to be expeditious.
- The enquiry should be conducted summarily and as expeditiously as possible, in no case should it be prolonged beyond a week from the date of receipt of the application for enquiry. The enquiring officer should carefully enquire into the particulars mentioned in Columns 1,2,3 (a) and (b) of the reverse of the application. He should specifically indicate under Column 3 (c) of the reverse of the application whether the conditions mentioned in sub-paragraph (5) of paragraph 1 are satisfied and whether the applicant is a member of a co-operative society dealing with supply of chemical fertilizers on credit in furnishing the recommendation under Column 4, only such amount as is considered sufficient to cover the cost of the fertilizers recommended should be mentioned and the type and quantity of each type of fertilizers should also be specified. The loan application should be returned in original to the officer who forwarded it for enquiry.12. Fixed dates for disposal of applications for loans for different Panchayats.
13. Transmission of records to the Tahasildar in case the loan is sanctioned by an officer other than the Tahasildar.
- In case the loan is sanctioned by any officer other than the Tahasildar, all records shall be forwarded to the Tahasildar having jurisdiction over the village to which the loanee belongs for recovery of the loan and maintenance of accounts.Chapter-III Security and Security Bonds14. [ Bonds for grant loans exempted from stamp duty. [Vide Article 40 of Schedule I and Article 40 of Schedule I-A of the Indian Stamp Act, 1899 as amended by the Indian Stamp (Orissa Amendment) Act, 1962.]
- Instruments executed by persons taking an advance under the Agriculturists' Loans Act, 1884 (XII of 1884) or by their sureties as security for the repayment of such advance are exempted from stamp duty.]15. Security.
16. Verification of encumbrances.
- For the proper security of the loan it is of utmost importance that the sanctioning authority should be satisfied that the transferable interest in immovable property offered as security for the loan is either unencumbered or, if encumbered, the value of the land after taking into account the existing encumbrances is sufficient to serve as security for the loan advanced. Ordinarily enquiry to ascertain the existence of encumbrances shall be made in the registration Office by the Officer conducting the enquiry and no searching fee shall be charged for the purpose. The search in Registration Office may be made to find out if any encumbrance has been created during twelve years preceding the date of application for the loan or during such longer period as the circumstances of each case may demand. Responsibility rests squarely on the Enquiring officer and on the officer sanctioning the to ascertain if the land offered as security is free from encumbrances or, if it is already encumbered, the extent thereof.17. Filing of loan bonds In registration offices.
18. Ascertainment of the price of fertilizers by the sanctioning authority.
- As the sanction of loan will be towards the cost of fertilizers to be supplied to the loanees, it is necessary that the sanctioning authority should be equipped with the current prices of different kinds of chemical fertilizers. The Agriculture and Animal Husbandry Departments will supply each year a copy of the circular indicating the current price of different fertilizers to all Collectors, Sub-divisional Officers and Tahasildars. The Tahasildars and other sanctioning authorities should also ascertain the prices of fertilizers from the Regional Cooperative Marketing Society.19. Timely supply of fertilizers by the co-operative societies.
- It is of utmost importance to make arrangements in advance for stocking of adequate quantity of different kinds of fertilizers and intimate the same to the Regional Co-operative Marketing Society and the primary co-operative societies concerned. The primary co-operative societies will get their supplies from the Regional Co-operative Marketing Society which, in its turn, will get its supply from the State Co-operative Marketing Society. The Collector should make a rough assessment of the requirement of different kinds of fertilizers required for his district taking into account the allotment of funds and intimate the same to the Regional Co-operative Marketing Society concerned and to the Registrar of Co-operative Societies. The Registrar of Co-operative Societies will ensure that supply of fertilizers according to the requirement is made to the primary co-operative societies in time so that there may be no delay in supplying fertilizers to the loanees on production of permits.20. Manner of drawal of permits.
21. Signature of the loanee in the Register of Fertilizers loans to be maintained by the co-operative society.
- The Co-operative Society on which the permit is issued should, in addition to the signature of the loanee in the triplicate copy of the permit as required under Sub-rule (7) of Rule 15, obtain the signature of the loanee in Register of Fertilizer Loans to be maintained by the society in Form No.3 given in the Appendix.22. Monthly demand list by co-operative society.
- Although the co-operative societies on which permits are issued are to submit demand list to the Tahasildar by the 20th March of the year in which the loan is sanctioned, it would be expedient that the co-operative societies furnish monthly demand lists so as to reach the Tahasildar by the 10th of the month following. The Tahasildar should press for timely furnishing of such monthly demand list by the Co-operative Societies concerned.23. Register of permits.
- The Tahasildar or any other officer authorised to sanction the loan shall maintain a Register of Permits in form No.4 given in the Appendix.Chapter-V Repayment and recovery24. Subsidy.
- Clear orders should be recorded in the order-sheet of the case record relating to the grant of subsidy under Rule 9 and the amount granted as subsidy.25. Collection through Revenue Inspector.
- The collection of loan should ordinarily be made through the Revenue Inspectors having jurisdiction who should keep proper account of the recovery of the loans.26. Local collection.
- The Revenue Inspectors should draw up a programme in advance for local collection of loans. The programme should be drawn up keeping in view the harvesting season in the area and it should be approved of in advance by the Tahasildar. Wide publicity should be given in advance in the villages concerned, relating to the programme drawn up for local collection of loan. The objective should be to make frequent approaches to the loanees for payment of the loans by the due date.Chapter-VI Maintenance of Accounts27. Loanee's Personal Ledger Account.
- The accounts of all loans sanctioned under Sub-rule (1) of Rule 15 of the Orissa Fertilizers Loans Rules, 1965, shall be maintained in Form No.5 (Personal Account of Loanees) given in the Appendix.28. Maintenance of Personal Ledger Account.
- As soon as a loan is sanctioned and the permit issued in Form 'E' for issue of fertilizers by the co-operative society, the Tahasildar shall fill up Columns 1 to 8 of the Personal Ledger Account maintained in his office and attest the entries in Column 9. He should also fill up the Register in respect of cases disposed of by other officers empowered by the Collector under Sub-rule (2) of Rule 4 with reference to entries in the case records which are to be returned to the Tahasildar under sub-paragraph (5) of paragraph 7.29. Submissions of demand list by co.
- operative societies- The co-operative society shall send at regular intervals and not later than the 20th March of the year in any case a demand list in duplicate in Form No.6 to the Tahasildar for payment of the value of the fertilizers supplied on the strength of the permits issued. The triplicate copies of the permits in Form 'E' bearing acknowledgement of the loanee should invariably be forwarded along with the demand list.Note- When the value of fertilizers received by a loanee exceeds the loan sanctional, the excess shall be payable by him in cash to the cooperative society.30. Scrutiny of the demand list.
- On receipt of the demand list in Form No.6 the Tahasildar shall scrutinise the particulars with reference to the Register in Form No.5, the original of the permit in Form 'E' and its triplicate which would have been sent by the co-operative society. He shall then pass order of payment.31. Drawal of funds from the Treasury.
- He shall then draw the money from the Treasury or Sub-Treasury, as the case may be, debiting the expenditure to the Head "Demand 41-O-Loans and advances by State Government-D-Advances to Cultivators-II Advances under the Agriculturists' Loans Act-(ii) Loans in connection with drought".32. Mode of drawal of funds.
33. Drawal to be noted in the Personal Ledger Account.
- The fact of drawal and transfer credit of the amount shall be noted in Columns 10 and 11 of the Personal Ledger Account maintained in Form No.5 by quoting the T.V. No., Chalan No. and date.34. Return of a copy of demand list to the co-operative society after credit of cost of fertilizer.
- One of the copies of the demand list in Form No.6 received from the co-operative society shall then be returned to the said society by the Tahasildar together with the treasury chalan in token on credit of the amount.35. Procedure to be followed by the co-operative society on receipt of the demand list.
- On receipt of the demand list and the treasury chalan, the co-operative society shall retain the demand list and the treasury chalan in its records, make necessary entries in its accounts registers and then scene a true copy of the chalan to the Concerned Regional Co-operative Marketing Society.36. Procedure to be followed by the Regional Co-operative Marketing Society on receipt of copy of chalan from the co-operative society.
- The Regional Co-operative Marketing Society, on receipt of the true copy of the treasury chalan, shall credit to the account of the society to the extent noted in the chalan and send a true copy of the chalan duly certified by the President of the society to the State Co-operative Marketing Society for record and posting of necessary entries in their books of accounts.37. Maintenance of Bill Register.
- A Bill Register in Form No.7 shall be maintained in support of drawal and adjustment. In Order to watch the progress of expenditure Column 7 shall be carefully filled up after deducting the drawal (Column 4) from the available allotment.38. Procedure for maintenance of Cash Book.
- The amount drawn from the treasury shall be accounted for in Column 3 of the Cash Book in O.T.C. Form No.4 and its transfer credit shall be noted in Column 7 of the Cash Book. The entries in the Cash Book relating to drawal and transfer credit shall be attested by the Tahasildar.39. Preparation of list of loans in Tahsil Office and transmission of the same to the Revenue Inspector for collection.
- (l) The Tahasildar shall prepare a list of loans sanctioned till the 31st day of March of each financial year whether sanctioned during the financial year or earlier and remaining unpaid on the said date in Form No.8 of the Appendix with reference to the Register in Form No.5. He shall fill up Columns 1 to 5 of the list and forward it to the Revenue Inspectors concerned by the 30th day of April of the following financial year for collection of the loan.40. Manner of Calculation of interest.
41. Grant of receipt by the Revenue Inspector for collections.
- For every item of collection, the Revenue Inspector shall grant a receipt in O.T.C. Form No.5 in which the amount of principal and interest shall be specified. He shall record the details of repayment against the relevant entries in the list of loans in Form No.8 in Columns 6 to 11.42. Maintenance of Daily Collection Register by Tahsildar.
- The Revenue Inspector shall maintain a Daily Collection Register in Form No. 9 in which the collections shall be entered as and when made. Progressive total of the collections from the last remittance to the date of present remittance shall be struck under Columns 4 to 6 in red ink.43. Transmission of Loan Collections to the Tahsil Office.
- The Revenue Inspector shall remit the Collections to the Tahasil Office with a chalan in duplicate in Form No.10 given in the Appendix.44. Procedure in Tahsil Office on receipt of remittance from Revenue Inspector.
45. Procedure to be followed by the Revenue Inspector on receipt of the duplicate chalan in support of receipt of the remittance in Tahsil Office.
- The Revenue Inspector, after receipt of the duplicate of the chalan from the Tahasildar, shall paste it in chronological order in a Guard File and record this fact in Column 11 of the Register in Form No.8 and Column 7 of the Register in Form No.9.46. Accounting of loans collection transactions in the Revenue Inspector's Cash Book.
- The Revenue Inspector shall record the transaction in his cash book.47. Procedure when repayment In made directly in the Tahsil office.
48. Repayment to be accounted for in the Cash Book and Register of Personal Ledger Accounts in the Tahsil Office.
49. Head to which repayments to be credited.
- The amounts received on account of repayment of loan shall be credited into the treasury in a separate chalan under the head "Q-Loans and Advances by State Government-D-Advances to cultivators-II-Advances under the Agriculturists' Loans Act-(ii)-Loans in connection with drought" and " XVI -interest-B-Other interest receipts-A-interest on loans and advances by State Government" tor principal and interest respectively.50. Prompt verification and return of the plus and minus memorandum.
- The monthly plus and minus memorandum received from the Treasury should be promptly verified from the records maintained in the office of the Tahasildar and returned to the Treasury for transmission to the Accountant-General. Particular care should be taken for quick reconciliation of the Treasury and Departmental figures, should any discrepancy be noticed between the two figures.Chapter-VII Miscellaneous51. Arrangement, consignment, preservation and destruction of loan case records.
- The instructions contained in Chapter-Ill of the Orissa Records Manual, 1964, should be followed for arrangement, consignment, preservation and destruction of case records relating to loans.52. Classification, preservation and destruction of loans registers.
| (i) | Register of Applications for loans for fertilizers | 3 years. |
| (ii) | Register of Fertilizer loans | 6 years. |
| (iii) | Register of permits | 6 years. |
| (iv) | Personal Ledger Accounts of Loanees | 12 years or after the the case records are destroyed fullrepayment of the loan, whichever is later. |
| (v) | Bill Register | 6 years. |
| (vi) | Daily Collection Register of Loans | 3 years. |
53. Monthly D.C.B. statements relating to fertilizers loans.
54. Reference to the Board of Revenue in case of difficulty or doubt.
- ln case of any doubt or difficulty in the implementation of the rules or the Executive Instructions, clarification from the Board of Revenue should be sought promptly.55. Promptness in recovery essential.
- The Tahasildar shall take steps to effect recoveries as soon as the demand becomes due, resorting, if necessary, to coercive procedure. It is difficult to collect old arrears and it is mistaken kindness to postpone recoveries. Such postponements, in the long run, cause the cultivator a hardship which would have been very much less had the demand been collected immediately after it become due.AppendixForm No. 1[See Paragraph 6 of the Executive Instructions]Register of applications for loans for fertilisers under the Agriculturist's Loans Act, 1884Name of Tahsil................................................ Year........| Serial No. | Date of receipt of the application | Name, father's name and address of the applicant | Amount of loan applied for to cover the cost ofthe fertiliser | Name and designation of the Officer to whom theapplication is made over fore disposal and date thereof | Signature of the Officer taking over theapplication |
| 1 | 2 | 3 | 4 | 5 | 6 |
| Officer to whom and the date of which theapplication is entrusted for enquiry | Date on which enquiry report received | Whether the loan is sanctioned or rejected andthe date of sanction/ rejection | Amount of loan sanctioned | Date of issue of the permit | Year and Serial No. in the Loan Ledger | Remarks |
| 7 | 8 | 9 | 10 | 11 | 12 | 13 |