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State of Madhya Pradesh - Section

Section 19B in The M.P. Bhumi Sudhar Yojana Adhiniyam, 1967

19B. [ Transfer of rights and liabilities of the schemes sanctioned and effect thereof. [Inserted by Madhya Pradesh Act No. 13 of 1975 (w.e.f. 5-6-1975).]

(1)Where any works included in the land improvement scheme, which has come into force under this Act, are carried out at the cost of the State Government and such cost is to be recovered from the owner of the land, included in the scheme as shown in statement prepared under clause (a) of sub-section (2) of Section 18, then notwithstanding anything contained in this Act, all the rights and liabilities of the State Government for the recovery of the costs or part cost from the owner of the land shall stand transferred to the Bank, as defined in the Madhya Pradesh Krishi Udhar Pravartan and Prakirn Upbandh (Bank) Adhiniyam, 1972 (No. 32 of 1973) (hereinafter referred to as the Financing Bank), which has agreed to such transfer in relation to such owner of the land and subject to such terms and conditions as may be agreed upon between the State Government and such Bank and for arriving at such agreement every owner of land shall produce before the concerned Bank all such documents and other evidence relating to his land included in such scheme as the concerned Financing Bank may require.
(2)On such transfer of rights and liabilities of the State Government, the Financing Bank concerned shall pay to the State Government, an amount equal to the extent of liability accepted by it under such agreement, and the State Government shall inform the owner of the land concerned of such transfer, and thereupon the rules and procedure of the concerned Financing Bank regarding advancing of loans, including the provision of mortgage of property, and recovery thereof shall apply in relation to the amount of cost to be recovered from each owner of land, as they apply in relation to advancing of loans and recovery thereof, including interest, as if such owner was a borrower of such Bank. The transfer of the rights and liabilities and payments made in accordance therewith shall discharge the owner of land his liability to make payment to the State Government under this Act, but to the extent only of his liability accepted by the concerned Financing Bank.
(3)Where rights and liabilities of the State Government in relation to the recovery of costs or part cost of the works carried out under any scheme from any owner of land included in such scheme stand transferred to a concerned Financing Bank under sub-section (1) then, notwithstanding anything contained in this Act, every such owner of land shall pay the amount recoverable from him under this Act to the concerned Financing Bank and the amount of such costs or part cost, shall be paid by and recovered from such owner of land in accordance with the provisions of Sub-Section (2) and the rights and liabilities transferred to the Bank shall be entered in the final statement referred to in sub-section (2) of Section 18.]