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State of Madhya Pradesh - Section

Section 4 in The M.P. Krishi Udhar Pravartan Tatha Prakiran Upabandha (Bank) Adhiniyam, 1972

4. Charge on crop and other movable property in favour of bank.

(1)It shall be lawful for an agriculturist to create a charge on the movable property owned by him or on the crops raised by him, standing or otherwise or other produce from land cultivated by him to the extent of his interest therein, in favour of a bank, to secure financial assistance from the bank notwithstanding that he may not be owner of the land on and from which the crop in raised.
(2)Notwithstanding anything to the contrary in the Madhya Pradesh Co-operative Societies Act, 1960 (No. 17 of 1961) or any other law for the time being in force, no charge in respect of financial assistance extended by a co-operative society to an agriculturist shall have priority over a charge on the crops raised by him, standing otherwise, or any other movable property in respect of any financial assistance given to him by a bank, provided that financial assistance made by the bank is prior in point of time to that of the assistance extended by the co-operative society.
(3)A bank may distrain and sell through an official of the State Government designated in this behalf by the State Government, the crop or other produce or other movables charged to that bank to the extent of the agriculturists interest therein and appropriate the proceeds of such sale towards all moneys due to the bank from that agriculturist :Provided that the process specified in sub-section (3) shall not permit the attachment and sale of the following, namely :
(i)the necessary wearing apparel, cooking vessel, beds, and bedding of the defaulter, his wife and children, and such personal ornaments as, in accordance with the religious usage, cannot be parted with by any woman;
(ii)tools of artisans and, if the defaulter is an agriculturist, his implements of husbandry, except an implement driven by mechanical power and such cattle and seed as may, in the opinion of the designated official be necessary to enable him to earn his livelihood as such;
(iii)articles set aside exclusively for the use of religious endowments.