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Agriculture Credit Operation and Miscellaneous Provision Act, 1974 Complete Act

Title: Agriculture Credit Operation and Miscellaneous Provision Act, 1974

State: Karnataka

Year: 1974

..... Section 10A - Registration of discharge certificates Chapter 3 Section 11 - Removal of bar to attachment and sale by process of court Section 12 - Recovery of dues of a credit agency on a certificate by the prescribed officer Section 13 - Right of a credit agency to purchase and dispose immoveable property Section 14 - Power to lease Section 15 - Exemption from registration fee Section 16 - Power to make rules Chapter 4 Section 17 - Amendment of Karnataka Act 11 of 1959 Section 18 - Money Lenders Act not to apply Section 19 - Modified application of section 8 of the Act XXXII of 1956 Section 19A - Application of Indian Limitation Act, 1963 Section 19B - Burden of proof

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Agriculture Credit Operation and Miscellaneous Provision Act, 1974 Chapter 4

Title: Miscellaneous

State: Karnataka

Year: 1974

.....lie to the Divisional Commissioner. Section 19A - Application of Indian Limitation Act, 1963 1[19A. Application of Indian Limitation Act, 1963 The provisions of sections 4, 5 and 15 of the Indian Limitation Act, 1963 (Central Act 36 of 1963) and articles 19, 21, 25, 36, 37, 38 and 62 of the Schedule to the said Act, shall apply mutatis-mutandis to all the proceedings under this Act and rules.] _______________________ 1. Sections 19A and 19B inserted by Act 26 of 1984 w.e.f. 28.4.1984. Section 19B - Burden of proof 1[19B. Burden of proof Where validity of a mortgage or charge created under this Act is questioned in a court of law, notwithstanding anything contained in any law for the time being in force, the burden of proving that it was not created for agricultural or valid purposes shall be on the party alleging it.] _______________________ 1. Sections 19A and 19B inserted by Act 26 of 1984 w.e.f. 28.4.1984.

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Agriculture Credit Operation and Miscellaneous Provision Act, 1974 Preamble 1

Title: Karnataka Agricultural Credit Operations and Miscellaneous Provisions Act, 1974

State: Karnataka

Year: 1974

THE KARNATAKA AGRICULTURAL CREDIT OPERATIONS AND MISCELLANEOUS PROVISIONS ACT, 19741 [Act, No. 2 of 1975] [13th February, 1975] PREAMBLE An Act to make provisions to facilitate flow of credit for purposes of agricultural production and development through credit agencies. WHEREAS it is expedient to make provisions to facilitate flow of credit for purposes of agricultural production and development through credit agencies and for matters connected therewith or incidental thereto ; BE it enacted by the Karnataka State Legislature in the Twenty-fifth Year of the Republic of India as follows :- _________________________ 1. First published in the Karnataka Gazette Extraordinary on the Eighteenth day of February 1975.

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Agriculture Credit Operation and Miscellaneous Provision Act, 1974 Chapter 1

Title: Preliminary

State: Karnataka

Year: 1974

.....Agricultural Refinance Corporation constituted under the Agricultural Refinance Corporation Act, 1963; (vi) Agro-Industries Corporation as defined in clause (c); (vii) the Agricultural Finance Corporation Limited, a company incorporated under the Companies Act, 1956; and 2[(vii-a) the regional rural banks constituted under the Regional Rural Banks Act, 1976 (Central Act 21 of 1976);] (viii) any other financial institution notified by the State-Government as a credit agency for the purpose of this Act; (f) "financial assistance'' for the purpose of this Act means, assistance granted3[whether before or after the commencement of this Act] by way of4[loan, advance, guarantee] or otherwise for agricultural purposes. _______________________ 1. Clause (A) substituted by Act 34 of 1978 w.e.f. 29.12.1978. 2. Inserted by Act 26 of 1984 w.e.f. 28.4.1984. 3. Substituted by Act 26 of 1984 w.e.f. 28.4.1984 4. Substituted by Act 34 of 1978 w.e.f. 29.12.1978.

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Agriculture Credit Operation and Miscellaneous Provision Act, 1974 Section 1

Title: Short Title, Extent and Commencement

State: Karnataka

Year: 1974

(1) This Act may be called the Karnataka Agricultural Credit Operations and Miscellaneous Provisions Act, 1974. (2) It extends to the whole of the State of Karnataka. (3) It shall come into force in such areas on such1[date] as the State Government may, by notification, appoint, and different dates may be appointed for different provisions of the Act and for different areas. _______________________ 1. Act came into force w.e.f. 17.07.1975 by notification No. PD 87 PCM 71, dated 17.7.1975.

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Agriculture Credit Operation and Miscellaneous Provision Act, 1974 Section 17

Title: Amendment of Karnataka Act 11 of 1959

State: Karnataka

Year: 1974

.....society to take proceedings against such member under section 70 or initiate proceedings under section 101, as the case may be, and if the committee fails to do so within a period of ninety days from the date of receipt of such direction the credit agency may itself proceed against such defaulting members under section 70 or section 101, as the case may be, in which case, the provisions of the Act, the rules or the bye-laws shall apply as if all references to the co-operative society or its committee in the said provisions, were reference to the credit agency. (2) Where a credit agency has obtained a decree or award against a co-operative society in respect of money due to it from the co-operative society the credit agency may proceed to recover such moneys firstly from the assets of the co-operative society and secondly from the members of the co-operative society to the extent of their debts due to the society.''

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Agriculture Credit Operation and Miscellaneous Provision Act, 1974 Chapter 3

Title: Recovery of Dues by Credit Agencies

State: Karnataka

Year: 1974

.....to be due therein shall be recoverable as if it were an arrear of land revenue (3) The actual period during which any proceedings under this Act or rules made thereunder were pending shall be excluded while computing the period of limitation for filing a suit for the recovery of any monies due in respect of financial assistance under this Act.] _______________________ 1. Explanation and sub-section (3) inserted by Act 26 of 1984 w.e.f. 28.4.1984 Section 13 - Right of a credit agency to purchase and dispose immoveable property 13. Right of a credit agency to purchase1[and dispose immoveable property] (1) Notwithstanding anything contained in any law for the time being in force, it shall be lawful for a credit agency to purchase2[agricultural land or interest therein or any other immoveable property which has been charged or mortgaged to it] at a sale held in enforcement of the mortgage executed in its favour in respect of the financial assistance given when no person has offered to purchase it for a price which is sufficient to pay to the credit agency the moneys due to it and provisions of Chapter IV of the Karnataka Land Reforms Act, 1961 shall not be.....

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Agriculture Credit Operation and Miscellaneous Provision Act, 1974 Section 19B

Title: Burden of Proof

State: Karnataka

Year: 1974

1[19B. Burden of proof Where validity of a mortgage or charge created under this Act is questioned in a court of law, notwithstanding anything contained in any law for the time being in force, the burden of proving that it was not created for agricultural or valid purposes shall be on the party alleging it.] _______________________ 1. Sections 19A and 19B inserted by Act 26 of 1984 w.e.f. 28.4.1984.

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Agriculture Credit Operation and Miscellaneous Provision Act, 1974 Section 19A

Title: Application of Indian Limitation Act, 1963

State: Karnataka

Year: 1974

1[19A. Application of Indian Limitation Act, 1963 The provisions of sections 4, 5 and 15 of the Indian Limitation Act, 1963 (Central Act 36 of 1963) and articles 19, 21, 25, 36, 37, 38 and 62 of the Schedule to the said Act, shall apply mutatis-mutandis to all the proceedings under this Act and rules.] _______________________ 1. Sections 19A and 19B inserted by Act 26 of 1984 w.e.f. 28.4.1984.

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Agriculture Credit Operation and Miscellaneous Provision Act, 1974 Section 18

Title: Money Lenders Act Not to Apply

State: Karnataka

Year: 1974

The provisions of Karnataka Money Lenders Act, 1961 (Karnataka Act 12 of 1962) shall not apply to financial assistance granted to an agriculturist by a credit agency.

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