State of Uttar Pradesh - Act
The U.P. Sahkari Gram Vikas Banks Rules, 1971
UTTAR PRADESH
India
India
The U.P. Sahkari Gram Vikas Banks Rules, 1971
Rule THE-U-P-SAHKARI-GRAM-VIKAS-BANKS-RULES-1971 of 1971
- Published on 20 August 1974
- Commenced on 20 August 1974
- [This is the version of this document from 20 August 1974.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
Preliminary
1. Short title and commencement.
2. Definitions.
- In these rules unless there is anything repugnant in the subject or context -Chapter II
3. Issue of debentures.
- The total amount due on the debentures issued by the Board under sub-section (1) of Section 6 outstanding at any time shall not exceed the aggregate of the amounts mentioned in clauses (a) and (b) of sub-section (3) of Section 6 and 10 per cent of such aggregate.4.
Chapter III
5. Guarantee Fund.
6. [ Maintenance of Fund and Deposit of interest earned. [Substituted by Notification No.765-C(IFC) /XII-C-1Bh-71 dated 27th August, 1979.]
- The fund shall be maintained by me Finance Department of the Government of Uttar Pradesh in the Public Accounts Section of the State Accounts and all contributions to the fund and interest earned on investment made from the Fund shall be credited direct to the Fund].7. [ Procedure, conditions and restrictions to meet losses out of the constituted of Guarantee Fund. [Substituted by Notification No.765-C(IFC) /XII-C-1Bh-71 dated 27th August, 1979.]
- The losses on account of loans advanced by a Gram Vikas Bank on the security of mortgages not being fully recovered because of the following circumstances shall be met out of the Guarantee Fund constituted under Section 9:Chapter IV
Procedure of Distraint and Sale of Produce of Mortgaged Land Including Standing Crops Thereon
8.
The managing committee of a bank may make an application to the Registrar under sub-section (1) of Section 15, in Form 1 through its Secretary or Branch Manager or Land Valuation Officer or whosoever is duly authorised for this purpose by the managing committee.9.
On the receipt of an application under Rule 8, the Registrar or any other person authorised by him in this behalf in writing shall if he is satisfied that the particulars entered in the application are correct and the applicant has deposited the required costs of distraint and sale on the scales indicated in Annexure to these rules, prepare or cause to be prepared a demand notice in triplicate in Form II. Two copies of such demand notice shall be forwarded to the sale officer concerned:Provided that an application not accompanied by the costs of distraint and sale and a copy of the resolution of the managing committee authorising an officer under Rule 8 to sign such application, shall riot be considered.10.
The Sale Officer shall serve or cause to be served upon the defaulter the notice of demand by delivering a copy of the same to him or to any adult male member of his family at his usual place of residence or to his authorised agent, or when such service cannot be effected, by affixing a copy of the demand notice on some conspicuous part of his residence.11.
If the notice of demand has been served on the defaulter and he fails to pay the amount due under the demand notice, the Sale Officer shall distrain the produce of the mortgaged land and shall immediately deliver to the defaulter a list of inventory of the property distrained and an intimation of the place, date and hour at which the distrained property shall be brought to sale in case the amount due is not paid before such date, and in any case shall also affix the list of inventory of the property distrained on the house where the defaulter ordinarily resides and endorse thereon the place where the property may be lodged or kept and also the place, date and hour at which the sale shall be held.12.
The Sale Officer shall make proper arrangement for the custody and preservation of the distrained property during the interval between its distraint, and sale. The applicant bank or an officer of the Gram Vikas Bank concerned, if he is authorised in this behalf by it shall, if required by the Sale Officer, undertake the custody and preservation of property distrained. If standing crops or ungathered produce of the land belonging to a defaulter are distrained the State Officer may direct them to be sold when fit for reaping or gathering, or at his option, may at the cost of the defaulter cause them to be reaped or gather in due season and stored in proper place until sold. The Sale Officer may, at the instance of the defaulter or of any person claiming an interest in such property, leave it in the Village or place where it was attached in the charge of such defaulter or person, if he enters into a bond in the form specified by the Registrar with one or more surities as may be considered sufficient for the production of the properly when required:Provided that where the property seized is subject to speedy and natural decay or where the expense of keeping it in custody is likely to exceed its value, an earlier date may be fixed on which the Sale Officer may sell it unless the amount is sooner paid.13.
No distraint under Rule 11 shall be made after sunset and before sunrise.14.
It shall be lawful for the Sale Officer to force open any stable, cow-house, granary, godown, out house or other building and he may also enter any dwelling house, the outer door of which maybe open and to break open the door of any room in such dwelling house, for the purpose of distraining the produce of the mortgaged land lodged therein, provided always that is shall not be lawful for such Sale Officer to break open or enter into any apartment in such dwelling house appropriated for the zanana or residence of women except as hereinafter provided15.
When the Sale Officer may have reason to believe that the produce of the mortgaged land is lodged within a dwelling house the outer door of which may be shut or within any apartment appropriated for the zanana which by custom or usage of the country is considered private the Sale Officer shall represent the fact to the Officer Incharge of the nearest police station. On such representation the Officer Incharge of the nearest police station shall send a police officer to the spot in whose presence the Sale Officer may force open the outer door of such dwelling house:Provided that where it is necessary for the Sale Officer to enter into the apartments of women for the purpose of distraining the produce of the mortgaged land, which is believed to be deposited therein he shall enter into such apartments only in the presence of the police officer and at least one female witness of the locality after giving due notice for retirement or removal of women and if the property sought for is found it shall be immediately removed by the Sale Officer from such apartment after which the apartments shall be left free to the women occupants.16.
The Sale Officer shall, on the day previous to and on the day of sale cause proclamation of the time and place of the intended sale to be made by beat of drum in the Village in which the defaulter resides or the produce is kept and at such other place or places as the Sale Officer may consider necessary to give due publicity to the sale.17.
If within fifteen days of the date of service of the demand notice on the defaulter he does not pay the amount for which the distraint was effected, the Sale Officer may sell in public auction to the highest bidder the distrained property or such part thereof as may, in his opinion be necessary to satisfy the demand together with the expenses of the distraint and sale:Provided that after the distraint of standing crop or produce of the mortgaged land which is subject to the speedy and natural decay it shall not be necessary to allow the time of fifteen days to the defaulter to deposit the money due as indicated in the demand notice and the sale may be conducted earlier:Provided further that it shall be open to the Sale Officer to decline to accept the highest bid where the price offered appears to be unduly low or for other adequate reasons:Provided also that the Sale Officer may, in his discretion, adjourn the sale to a specified day and hour recording his reasons for such adjournment. Where a sale is so adjourned for a period longer than seven days, a fresh proclamation under the rules shall be made unless the defaulter consents to waive it.18.
Cash payment of the price of the property shall be made at the time of sale and the purchaser shall not be permitted to carry away any part of the property until he has paid for it in full.19.
If the purchaser fails to pay the purchase money, the property shall be re-sold and the proceeds of such re-sale shall be applied in the manner hereinafter provided.20.
After the deduction of the expenses incurred in distraint and sale from the proceeds of sale the balance, if any, shall be applied to the discharge of the dues for which the distraint and sale were made. The surplus, if any, shall be delivered to the defaulter and he shall be given a receipt for the discharge of his liability, to the extent shown in the demand notice.21.
Where the expenses incurred in connection with the distraint and sale of the produce of the mortgaged property under these rules exceed the expenses deposited by the Bank, such excess shall be deducted from the sale proceeds of the property sold or the moneys paid by the defaulter as the case may be and the balance, if any, shall be made available to the Bank.22.
Where prior to the sale, a defaulter, or any person acting on his behalf or any person claiming through the defaulter an interest in the property distrained pays the full amount due including interest and other expenses incurred in connection with distraint and sale. The Sale Officer shall not proceed with the sale and shall re ease the property forthwith from distraint.Chapter V
Procedure in the Sale of Mortgaged Property
23.
Where a person commits default in making payment of the mortgage money or any part thereof within one month of the issue of notice of demand, the managing committee or any person authorised by it in this behalf, shall take steps to bring the mortgaged property to sale in accordance with sub-section (2) of Section 16.24. [ [Substituted by Notification No.232-C(IFC) /XII-CI-Bh-80 = 74-dated 29-8-1977, published in U.P.Gazette, Part 1-Ka, dated 10th September, 1977, pages 2541-43.]
While taking steps for sale under Rule 23 the managing committee or any person authorised by it in this behalf shall give a notice in writing stating therein the amount claimed by the bank including expenses incurred by it in the service of notice and the particulars of the property sought to be sold to all person referred to in clause (a) of sub-section (2) of Section 16, requiring them to pay the amount stated in the notice within one month of service of such notice].25.
If the amount specified in the notice issued under Rule 24 is not paid within the period stated therein, the managing committee or any person authorised in this behalf shall seek permission from the Board for the sale of the mortgaged property specified in the notice.26.
The Board shall within one month of the receipt of reference under Rule 25 invite objection regarding the proposed sale of the mortgaged property for which the Board shall issue notice to the mortgaged and any other person mentioned in clause (a) of sub- section (2) of Section 16, give them time not exceeding one month from the date of its service on them.27.
The Board shall after the expiry of the period of notice mentioned in Rule 26 dispose of the objections, if any, after hearing the objectors.28. [ [Substituted by Notification No.232-C(IFC) /XII-CI-Bh-80 = 74-dated 29-8-1977, published in U.P.Gazette, Part 1-Ka, dated 10th September, 1977, pages 2541-43.]
Where the Board rejects the objections received under Rule 27 or where no objection is received, it shall authorise the Sale Officer for the sale of the mortgaged property, provided that such sale not take place before the expiry of three months from the date of service of notice issued under Rule 24].29.
30.
31.
It shall be open to the Sale Officer to put the mortgaged land to sale in one or more lots as he may consider advisable and only as much portion of the mortgaged land shall be sold as may be considered by the Sale Officer sufficient to discharge the amount due with interest and expenses of sale.32.
Where the property sold is in the occupancy of a person entitled to occupy the same under Section 22 and the sale certificate has been granted in respect of it, the Sale Officer shall, on the application of the purchaser and after notice to such other person, put the auction purchaser into possession of such property by affixing a copy of sale certificate in conspicuous place on the property and proclaiming to the occupant by beat of drum or other customary mode at some convenient place, that the right, title and interest of the mortgagor have been transfered to the purchaser.33. [ [Substituted by Notification No.232-C(IFC) /XII-C-I-Bh.-80,74, dated 29-6-1977, Published in U.P. Gazette, Part 1-Ka, dated 10th September, 1977.]
34.
Where the Gram Vikas Bank at whose instance the property is sold is the purchaser, the Sale Officer shall dispense with the requirement of Rule 33. The Sale Officer shall then enter the satisfaction of the mortgage money in full or part, as the case may be:Provided that in case the purchase money exceeds the amount of the claim, the reminder of the amount shall be paid to the defaulter, subject to the provisions of Rule 41 within fifteen days of the confirmation of the sale.35.
Where the purchaser at the auction sale has deposited 25 per cent of the auction money in pursuance of Rule 33 and fails to pay the balance of the price as required therein, he shall forfeit the money paid as well as all claims to the property or to any part of the sum for which the property at any time subsequently be sold. The forefeited money shall after defraying all costs, charges and expenses of sale be made over to the bank.36.
Every resale of mortgaged property in default of payment of the purchase money within the period allowed for such payment, shall be made after the issue of a fresh proclamation in the manner and for the period hereinbefore laid down in these rules for sale.37.
Where prior to the sale the mortgagor or any person action on his behalf or any person claiming an interest in the mortgaged property tenders payment of the full amount due including interest and other cost, as well as charges and expenses incurred in connection with the sale of the property, the Sale Officer shall not proceed with the sale.38.
The proceeds of every sale effected under Section 16 of the act, shall be applied first in payment of all costs, charges and expenses incurred in connection with the sale or attempted sales, secondly, in payment of any or all interest due on account of the mortgage in consequence whereof the mortgaged property was sold and thirdly in payment of the principal due on account of the mortgage including costs and charges incidental to the recovery.If there remains any resident for the proceeds of sale, the same shall be paid to the mortgagor if he is alive, and if he is dead, to his successors in interest.If there remains any resident for the proceeds of sale, the same shall be paid to the mortgagor if he is alive, and if he is dead, to his successors in interest.39. [ [Substituted by Notification No.232-C (IFC) /XII-C-I-Bh-80-74, dated 29-8-1977, published in U.P. Gazette, Part-1-Ka, dated 10th September, 1977.]
40.
On the expiry of thirty days from the date of sale, if no application to have the sale set aside is made or if such application has been made and rejected, the Board shall make an order confirming the sale, whereupon the sale shall become absolute.41. [ [Substituted by Notification No.1443-C(IFC) /XII-C-I-Bh-71-76, dated 9-10-1985, published in U.P. Gazette (Extraordinary) Part IV, Section (Kha), dated 9th October, 1985.]
Whenever the sale of the mortgaged land is not confirmed, the purchase money deposited shall be returned to the purchaser along with interest at the rate prevailing in the State Bank of India for Saving Bank Account during the period of such deposit.]Provided mat no interest shall be allowed to the purchaser if the sale is not confirmed for any fault of the purchaser.42.
The Sale Officer shall, on the conclusion of the sale, make a report in Form III to the Registrar and the Gram Vikas Bank concerned regarding the result of the sale.43. [ [Substituted by Notification No.232-C(IFC) /XII-C-I-Bh-80-74 dated August 29, 1977, published in U.P. Gazette, Part I-Ka, dated 10-9-1977.]
Where a sale of the mortgaged property has become absolute and the sale proceeds have been received full by the Gram Vikas Bank on application from the purchaser accompanied by the amount required for general stamp, the Uttar Pradesh Gram Vikas Bank shall grant a sale certificate to the purchaser in Form IV certifying the property sold, the sale price, the date of sale, the name of the person who at the time of the sale is declared to be the purchaser and the date on which the sale become absolute original copy of sale certificate shall be given to the purchaser and a copy of the same shall be forwarded to sub-Registrar appointed under the Indian Registration Act, 1908. Upon the production of such certificate, the Sub-Registrar within the limits of whose (sic)][Chapter V-A] [Chapter V-A containing Rules 44 45; inserted by Notification No. 1577-C-(IFC) /XII-C-1-Bh-71-76, dated 22nd Jan. 1990, published in U.P. Gazette (Extraordinary),Part IV, Section (kha), dated 22nd Jan. 1990.] Financial Assistance and Sureties44. Conditions for Financial assistance on furnishing sureties.
- A person desirous of securing financial assistance from the Bank on furnishing sureties under sub-section (2) of Section 21-B of the Act shall be provided with the desired assistance, if he-45. Recovery of arrears of loans secured on furnishing sureties.
| Rs. | ||
| (a) | For an application for the distraint and sale of the produceof the mortgaged land at the rate of Rs. 1 per hundred rupeessubject to a maximum of rupees one hundred. | 2.50 |
| (b) | For each notice under the proceedings | 2.50 |
| (c) | For the distraint of movable properly of each defaulter | 2.50 |
| (d) | For beat of drum for publicity prior to sale per day for eachsale | 2.50 |
| (e) | Sale fee for each sale | 2.50 |
1. Name of defaulter.
2. Amount due for which distraint and sale is sought.
| Principal | ||
| Rs. P. | ||
| Interest | ||
| Costs | ||
| Total |
3. Due date of the instalment
4. Particulars of the property:
5. Value of the property.
Signature of Secretary /Branch Manager/Land Valuation Officer U.P.Rajya Sahakari Bhumi Vikas Bank Ltd.Certified that the Above statement of accounts is correct on the basis of records maintained in Bank.SignatureDesignationForm II(See Rule 9)Demand Notice should specify1. Name of the defaulter..........................s/o..............with address.
2. Amount due-
| Rs. P. | ||
| (a) Principal | ||
| (b) Interest | ||
| (c) Costs | ||
| Total |
1. Name of the Land Development Bank.
2. Name of the borrower member.
3. The amount which is due against the member:
4. The plots sold for recovery of overdue amount.
5. Name of Village, Pargana, Tehsil.
6. Khasra Number and Area.
7. The amount received from the salt of the above plots.
8. The date on which sale affected.
9. The name of the purchaser with parentage and full address.
Signature of Sale Officer.[Form IV] [Substituted by Notification No. 232-C (IFC) /XII-C-1-Bh-80-74 dated 29-8-1977, Published in U.P. Gazette part 1 Ka, dated 10-9-1977.](See Rule 43)Certificate of Sale of LandThis is to certify that Sri......................... s/o........... resident of......... P.O................... District..................... has been declared the purchaser at a sale by public auction on the....... day of..............., 19......., of the land described below and that the said sale has become absolute. The purchaser shall be entitled to have possession over the auctioned land from the date of issue of sale certificate.1. Sale certificate no.
2. Name of the auction purchaser (with full address)............
3. Date of sale...................
4. Date of sale becoming absolute..............
5. Sale price...................
6. Name (s) of defaulter loanee member (with full address)
...............s/o..............................s/o..............................s/o..............................s/o...............7. Description of the property sold in public auction.
| Serial No. | Name of Village | Pargana | Tehsil | District | Kind of Tendency right | Khasra No. | Area |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |