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THE UTTAR ~RADESEICO-OPERATIVFLAND DEVELOPMENT BANKS 1.


(SECOND AMENDMENT) ACT, 1978
(U. P. ACT NO. 3
,

OF

mx rm,
c-

"

1979)

[ A ~ t h w i t n fEuglish
i ~ ~ Text of the Uttar Pradesh Sahkari Bhoomi Vikas Bank
(D#itiy.z Smzrhsdhgn) Adhiniyan, 1978 (Uttrr Pradesh Adhiniyam Sankhya 3
of 197911
AN
ACT
further to amend the Uttar Pra lesh Co-operative Land Development Banks Act,
1964
IT IS HBREBY enacted in the ~wenty-ninthYear of the Republic b d i a
as follows :
1. (1) This Act may be called the Uttar Pradesh C/o-operative
Development Banks (Second Amendment) Acty 1978.

161704 3

e&. I

Short titlo, and

Land cornmancement.

(2) It shall be deemed to have come into force on October 5, 1978.


2. In section 9 of the Uttar Pradesh Co-operative Land Development
Banks Act, 1961, hereinafter referred to as the principal Act after subssztion ( 2 ) , the follosing sub-section shall be inserted, namely:"'(2-A) The State Government may also contribute to the fund from
time t o time-,s_uch.amountas it may deem fit."
3. In section 10 of the principal Act, after the words "mortgage executed"
he words "or charge created" shall be inserted and after the words "execution
of such mortgage" the words "or creation of such charge" shall be inserted.
4. En section 11 of the principal Act,-

no. 16 of

1864.

Amendment
sect~on10.

0 f

Amendmeat o f
saction 11.

( a ) for sub-section (I), the following sub-section shall be substituted,


namely :"(1) Notwittlstanding anything contained in any law for the
time being in force, it shall be lawful for a land development bank
or the State Land Development Bank to purchase any property sold
unier this Act and the property so purchased shall be disposed of
by such Bank by sale within such period as may be fixed by the
Trustee.";
For Statement of Objects and Reasons, please see Uttar Pradesh Gazette, (Extraordinary ),
dated Decsrnbar 12, 1978.
( P ~ s s :in~ Hi n i i by the Uftar Pradesh Legislative Assembly on December 13, 1978
a l l by t h j U X J PP.adesh'Leg~slativeCouncil o n Docember 28, 1978).
[Rejsivei th~iass31:ofth: P-eli3e1t D n raouary 15, 1979 under Article 201 ofthe ConstitutionofIniia d n l w*spublish3d in PA-t I ( a ) o f the Cs:islativa Ssppleneat of the Urtar
r z l:gi 3 z : ? t l ? , E z ' r o r d i z v - y , . f ~ t e ljaluory 16, 19791

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(b) after sub-section (2), the following sub-section shall be inrerted,
namely:"(2-A) If the bank has to lease out any land acquired by it under
sub-section (1) pending sale thereof, the period of lease shall not
exceed one year at a time and the lessee shall not acquire any
other interest in that property, no twitbsts nding any provisions Ic
the coaftrary i n any other law f o r the rim;: heis-ig j1-1 ? c ? ~ c P . "
Aqendmelll of
sect~on16.

5.

i n section 16 of the principal Act,(a) i n sub-section (I), for the words "'by mortgage deea*', th?; M~OTC;S
c
by a declaration of charge made or mortgage Qeed" shall be szibstiluteci
and for the words "mortgage money" the words "money due under the
mortgage or charge" shall be ,substituted, and ,for the words "to bring
the mortgage property to sale" the words "to bring t h t propert) subject
to any mortgage or charge to sale" shall be srrbstilnted.
6

( 6 ) after srtb-section (3), the following sub-section shall be inserted,


namely :\

Insartion of new
section 21 -A.

"(4) Where any property sold under this Act is iiz the occupancy
of any person creating mortgage or charge, or of sonie person on
his behalf, or of some person claiming title subseqvent tc the creation of such mortgage or charge in favour of a land development
bank or the State Land Development Bank, the Collector, shall,
on the application of the purchaser, order delivery t o be made by
putting such purchaser, or any person appointed by him in this
behalf, in possession of the property."

6 . After section 21 of the principal Act, the foilowing secticl; slal:


inserted, namely :c6

le

21-A. The State Government may, by notification vest, subject

to such restriction as may be specified i n the


Vesting of right notification, all Bhumidhars whetk~r with transof alienation on
ferable rights or not and the Government
agriculturists not
lessees with rights of alienation in land hrld under
haying such rights- their tenuri: or any interest in such lal~dincluding the

right to create a charge or mortgage on such land or


interest in favour of a land development bank or the State Land Development Bank for the purpose of obtaining loan from swch banks and
upon the issue of such notification, such Bhumidliar and Gohernment
lessees shall, notwithstanding anything contained i n any law for the
time being in force or any contract, grant or other instrument to the
contrary or any custom or tradition, have a. right of alienationin
accordance with the terms of notification."
Substitution of

section 22

7. For section 22 af the principal Act, the fo1lowi11.g section shall be

substituted, namely :-

"22. Notwithstanding anything contained in the Transfer of Property


Act, 1882, or any other law for the time being in force
on property i n respect of which a charge, hypothecation or mortgage has been made in favour of a land
development bank or the 'State Land Development
Bank shall be sold or otherwise (ransterred by
the
person making the charge, hypothecation c r mortgage
until the entire amount of loan or advance taken by
him from the land development bank or the State Land Development
Bank together with interest thereon is paid to the bank and any transaction made in contravention of this section shall be void :

Restrictiolls on
mortgagors power
to lease or to
create
rights it1 other
tho
mortgaged
and
charged property.

Provided that, if a part of the amount borrowed by a member IS paid,


the State Land Development Bank, or as the case way be, the land
development bank with the approval of the State Land Development
Bank, may, on application from the member release from the mortgage,
charge or hypothecation created or made in favour of the bank, such
part of the property or interest therein a s it may deem proper wlth due
regard to the security of the balance of the amount remaining outstanding from the member."

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8. For section 23 of the principal Act, the following sections shall be
9 substituted, namely :,

new sections 23
and 23-A for
section 23.

"23. (1) Notwithstan ling anything coatai ned in the Registration Act,
1,908, or any other law f o r the time being in force, a
Registration of
deed creating charge or mortgage in any land or
documents exeinterest therein or i n other irnlnovable propertJr,
cuted i n Eivour
executed
by a borrower memi:er in fat our of a land
of land development bank or the
Betelapment bank or the St;le Land Development
state Laid DeBank for the purpos.: of s.-curing repayment of loan,
velOpment Bank.
Shall be demed to have been duly registered i n accor-

dance wit11 that Act with effect from the cl.~teof the execution provided
the bank has sent to the Sub-Registrar within the local limits of
whose jurisdiction the whoie or axry part of the property charged, or
mortgaged is situate, within a period of three months from the date of
execution, by registered post or hand delivery under acknowledgement,
a copy of the document creatkg suck charge or mortgage duly certified to be a true copy by any employee of the bank authorised to sign
on its behalf and the Sub-Registrar concerned shall file such copy or copies
as the case may be, in his Bonk no. I prescribed under section 51 of the,
Registration Act, 1908.

(2) Where the Sub-Registrar is of the opinion that the said document
is not duly stamped or that it suffers from any defect arising out of accidental slip or omission, he shall send back the copy or copies, as the
case may be, of the document to the bank requiring i:to get the deficiency
in stamp duty made good 011 the original or to gettthe defect removed
within thirty days or within such extended time as the Sub-Registrar may
allow in that behalf. The bank shall net the deficiencv made good or the
defect removed, notwithstanding any&ingcontained in the 1n&an Stamps
Act, 1899.
(3) After the deficiency in stamp duty has been made good or as the
case may be, the defect has been removed, t h e bank sfiall send t l ~ ecopy
of the docunznt again to the Sob-Registrar in the manner laid down in
sub-section jl), and therealpon the Sub-Registrar shall file the copy in
Book an. 1 in accordancewi th the provisions of sub-section (1).

'

(4) Notwithstanding anything contained in the Regis'rarion Act, 1908


it slzzll not be necessary for the borrower rnexbcr, the trustee or for any
officer of a land develop ..ent bank or of the State Land Development
Bank t:, appear in person or by agent at any rc-giseraaion office in any
proceedings connected with the regis:ration of any instru,i,ent exccuted
by hiin in his official capacity or to sign as provided in section 58 of
the said Aot .

"23-A.

Where a copy of the document creating charge or mortgage


has been seat for registration under section 23, the
Revenue register for ilotir.g
bank shall also send a copy of such document to the
charge or m v t - Tahsildar or such other official as may be designated in
gage.
this behalf by the State Government. The Tahsildar or
other official shall make a note of the particulars of such charge, or
mortgage in a register maintained for this purpose. The register shall
be in such form and inspection thereof shal be allowed and copies of
extracts therefrom issued in such manner and on payment of such fee as
may be prescribed."
9. For section 24 of the principal Act, the following section shall be subs-

tituted, namely :"24.

The Board may, if it thinks fit, delegate all or any of its powers
under sections 16, 18 and 21 of this Act to any one or
more of the officers of the Bank."

Delegatioll of
certain powers by

Board.

substitution of
section 24.

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Amendment of
section 30.

10. In section 30 of the principal Act, in sub-section (I), the words "inoluding any rules prcscribiilg fees in respect of any proceedings under this Act, shall
be inserted at the end and be deemed always to have been so inserted.

and

11. (1) The Uttar Pradesh Co-operative Land Development Banks


(Second Amendmn&.t) Ordinance, 1978, is hereby repealed.

Repeal
saving,

(2) Notwithstanding such repeal, anything done or any action taken under
the principal Act as ainended by the aforesaid Ordinance, shall be deemed to have

hesn done or take11 under the corresponding provisions of the principal Act,
as amended by this Act, as if the provisions of this Act were in force a t all
inaterial times.

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6. In section 6 of the principal Act,-

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7
-

Amendment of
section 6

(a) in sub-section (I), the following proviso shall be inserted at the


end, namely :
"Provided that no debenture shall be issued otherwise than in conformity with such directions or instructions as may be issued by the Reserve
Bank of India, or the National Bank for Agriculture and Rural Development, from time to time. " ;
(b) in sub-section (2), for the words "ten years" the words "twenty
years" shall be substituted :
'
(c) in sub-section (3), in clause (a), aper the words "or hypothecation"
the words "or any loan advanced against the unconditional guarantee by
the State Government'' shall be inserted.

7. After section 9 of the principal Act, the following section shhll be


hserted, namely :"9-A. Notwithstanding anything contained in the Uttar Pradesh
power to borrow &-operative Societies Act, 1965, the Board may borrow
money from the State Government or the Reserve Bank
money
of India, or the National Bank for Agriculture and Rural
Development or such other financial institutions, as may be approved by
the Trustee."

1nsu;tion of new
section 9-A

8. In section 11 of the principal Act, in sub-section (2), nfer the words


"agricultural holding" as also after the words "acquisition of land" the words
"or other immovable property" shall be inserted.

$ztn:~~of

9. In section 16 of the principal Act, after sub-section(4), the following Amendmen* of


section 16
sub-section shall be inserted, namely :"(5) A sale under this section of an agricultural holding or any other
immovable property or of any interest therein shall be subject to the provisions of sections 157-A and 157-B of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950."
Amendment of
section 21 -A

10. In section 21-A of the principal Act(a) ajter the words "transferable rights or not" a coma and words,
"Asamis" shall bs inserted,
(b) apfer the words "such bhumldar" a coma and word, "Asami" shall
be fnserted.

%[n!'o:

11. After section 21-A of the principal Act, the following sections shall be
Inserted, namely :and 21-C i
"21-B (1) A person desirous of securSng financial assistance from a
Krishi Evam Gramya Vikas Bank or the Rajya Sahkari
of
In
favour of Krishi Evam Gramya Vikas Bank by hypothecation of
Krishi
Eyam movable property owned by him may make a declaraGramya
Vlkas tion in writing on a duly stamped paper that he thereSahkariOr Krishi
Bank
Ra~ya by hypothecates such property in favour of such Bank,

: ~

Evam
Gramya
VikasBank.

(2) When a person desig-ous of securing bancia1 assistance from a


Krishi Evam Gramya Vikas Bank or the Sahkari Krishi Evam Gramya
Vikas Bank does not possess property of sufficient value to secure the loan,
financial assistance may be provided to him by such bank on furnishing
sureties to the satisfaction of the Bank subject to such conditions, if any,
as may be prescribed.
21-C. The provisions of this Act and rules made thereunder relating

provisions of this to charges and mortgages made under this Act shall
~ c tot apply to .mutatis mutandis apply to hypothecation of movable
hypothecation
p~oprtymade under this Act."

12. 'Cn section 26 of the principal Act, in sub-section (2), afier clausez(b),
tha following clauac shall be inserted, namely :"(c) Construction of rural dwelling houses foc the family."

Amendmat of
sectton 26

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j;in&a snnanaitnz, 1 6 F ,

1989

-13. For section 28 -of the principal Act, the following sectiod shall be
substituted, namely :"28. (1) With effect from the commencement of the Uttar Pradesh
Co-sperative Land Development Banks (Amendment)
Refmnces
to
banks
in other
Act, 1989, any reference in any law or statutory instruActs how cons- ment --

P
.

trued

(a) to U. P. State Co-operative Land Mortgage Bank, or Uttar


Pradesh State Co-operative Land Development Bank or Uttar Pradesh
State Land Development Banks, shall be construed as a reference to
the Uttar Pradesh Rajya Krishi Evam Gramya Vikas Bank,
(b) to a land mortgage bank or a land development bank shall
be construed as P reference to a Krishi Evam Gramya Vikas Bank.

(2) The name of the Uttar Pradesh State Co-operative Land Development
Bank or a land development bank existing on the date of commencement of the
Uttar Pradesh Co-operative Land Development Banks (Amendment) Act, 1989
shall be changed as the Uttar Pradesh Rajya Sahkari Krishi Evam Gramya
Vikas Bank, or as the case may be, ICrishi Evam Gramya Vikas Bank, by the
Registrar by order in writing and the original cegificate and bye-laws of such
bank shall stand amended accordingly and such change of name, made under
order of the Registrar, be deemed to be a change of name duly effected by the
society under the Uttar Pradesh Co-operative Societies Act, 1965.
(3) Where a mortgage is executed by a person directly in favour of the
Uttar Pradesh Rajya Sahkari Krishi Evam Gramya Vikas Bank, all references
to Krishi Evam Gramya Vikas Bank in sections 14,20,22,23, 26 and 27 shall be
deemed to be references to the Uttar Radesh Rajya Sabkari Krishi Evam Gramya
vtba Bank.''

NARAYAN DAS,
SachSv