Section 11 in The U.P. Agricultural Credit Act, 1973
11. Recovery of dues of a bank through a prescribed authority.
- [(1) Notwithstanding anything contained in any law for the time being in force an officer specified by the State Government by notification in the Gazette (hereinafter referred to as the prescribed authority) may, on the application of a bank by order, direct that any amount due to the bank on account of financial assistance given to an agriculturist be paid by the sale of the land of any interest therein or other immovable property which is charged or mortgaged for the payment of such amount:Provided that no order of sale shall be made under this sub- section unless the agriculturist has been served with a notice by the prescribed authority calling upon him to pay the amount due.(1-A) The provisions of the Limitation Act, 1963 shall apply in relation to an application under sub-section (1), as if such application were a suit in civil court for sale of the land or interest therein or other immovable property for enforcing recovery of the sum referred to in that sub-section.] [ Substituted by U.P. Act 19 of 1975, vide Section 12(a) (w.e.f. 31-3-1975)](2)An order passed by the prescribed authority shall, subject to the result of appeal under Section 12, be final and be binding on the parties.(3)Every order passed by the prescribed authority in terms of sub-section (1) or by the appellate authority under Section 12 shall be deemed to be a decree of a civil court and shall be executed in the same manner as a decree of such court by the civil court having jurisdiction.(4)[] [ Old sub-section (4), is deemed always to have been omitted by U.P. Act, 19 of 1975, vide Section 12 (b), and the new sub-sect ion (4) was again] No suit for the recovery of any sum due to a bank on account of financial assistance given to an agriculturist shall lie in the civil court.[11-A. Recovery in the case of personal security. [Instituted by U.P. Act 19 of 1975, vide Section 13 (w.e.f. 31-3-1975)] - (1) Where any amount of financial assistance is granted by a bank to an agriculturist and the agriculturist fails to pay the amount together with interest on the due date, then without prejudice to the provisions of Sections 10-B and 11, the local principal officer of the bank by whatever name called may forward to the Collector a certificate in the manner prescribed, specifiying the amount due from the agriculturist.(2)The certificate referred to in sub-section (1) may be forwarded to the Collector within three years from the date when the amount specified in the certificate fell due.(3)On receipt of the certificate, the Collector shall proceed to recover the agriculturist the amount specified therein together with expenses of recovery as arrears of land revenue, and the amount due to the bank shall be paid after deducting the expenses of recovery and satisfying any Government dues or other prior charges, if any.Explanation. - For the purposes of this section, the expression "Collector" means the Collector of the district in which the agriculturist ordinarily resides or carries on the activities referred to in clause (a) of Section 2 or where any movable or immovable property of the agriculturist is situate, and includes any officer, authorised by him in that behalf].
