The Bihar Agricultural Credit Operations and Miscellaneous Provisions (Banks) Act, 1977

{
    "id": 15699,
    "slug": "bihar-agricultural-credit-operations-and-miscellaneous-provisions-banks-act-1977",
    "title": "The Bihar Agricultural Credit Operations and Miscellaneous Provisions (Banks) Act, 1977",
    "short_title": "The Bihar Agricultural Credit Operations and Miscellaneous Provisions (Banks) Act, 1977",
    "act_number": "Bihar Act 7 of 1982",
    "act_year": 1977,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Bihar Agricultural Credit Operations and Miscellaneous Provisions (Banks) Act, 1977",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definition.",
            "chapter": null,
            "content": "(a) \"agriculture\" and \"agricultural purpose\" shall include making land fit for cultivation, cultivation of land, improvement of land including development of sources of irrigation, raising and harvesting of crops, horticulture, forestry, planting and farming and cattle breeding, animal husbandry, dairy farming, seed farming, pisciculture, agriculture, sericulture, piggery, poultry farming and such other activities as are generally carried on by agriculturists, dairy farmers, cattle breeders, poultry farmers and other categories of persons engaged in similar activities including marketing of agricultural products, their storage and transport and acquisition of implements and machinery in connection with any such activity;\n(b) \"agriculturist\" means a person who is engaged in agriculture;\n(c) \"Agro-Industries Corporation\" means a company or other body corporate, one of the principal objectives of which is to undertake activities connected with or intended for the development of agriculture and not less than fifty-one per cent of the paid-up share capital of which is held by the Central Government or by any State Government or Government or partly by the Central Government and partly by one or more State Government;\n(d) \"bank\" means-\n(i) a banking company as defined in the Banking Regulation Ad, 1949 (Act X of 1949);\n(ii) the State Bank of India constituted under the State Bank of India Act, 1955 (Act XXIII of 1955);\n(iii) a subsidiary Bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (Act XXXVII of 1959);\n(iv) a corresponding new Bank constituted under the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970 (Act V of 1970);\n(v) any banking institution notified by the Central Government under section 51 of the Banking Regulation Act, 1949 (Act X of 1949);\n(vi) the Agricultural Refinance and Development Corporation constituted under the Agricultural Refinance and Development Corporation Act, 1963 (Act X of 1963);\n(vii) the Agro-Industries Corporation as defined in clause (c);\n(viii) Agricultural Finance Corporation Limited, a company incorporated under the Indian Companies Act, 1956 (Act I of 1956);\n(ix) a Regional Rural Bank established under the Regional Rural Bank Act, 1976 (Act 21 of 1976);\n(x) any other financial institution notified by the State Government in the official Gazette as a bank for the purpose of this Act.\n(e) \"Collector\" means the Collector of a district duly appointed by the State Government, which term includes Deputy Commissioner of a scheduled district;\n(f) \"Commissioner\" mean the Commissioner of a Division duly appointed by the State Government;\n(g) \"Co-operative Society\" means a co-operative society registered or deemed to be registered under the Bihar and Orissa Co-operative Societies Act, 1935 (B. & O. Act VI of 1935), the object of which is to provide financial assistance as defined in clause (i) to its members and includes a Co-operative Land Development Bank;\n(h) \"District Judge\" means the District Judge of a district or districts which term includes the Judicial Commissioner of Ranchi;\n(i) \"Financial Assistance\" for the purpose of this Act means assistance granted by way of loans, advances, guarantees or otherwise for agricultural purposes; and\n(j) \"Registrar\" means a person appointed to perform the duties of the Registrar of Co-operative Societies under the Bihar and Orissa Cooperative Societies Act, 1935 (B. & O. Act VI of 1935).\nChapter II\nRights of Agriculturists to alienate land or interest in land in favour of Banks",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Removal of restrictions on alienation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. State Government may by notification vest agriculturists not having alienable rights with such rights.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Charge on crops and other movable property in favour of a bank.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Creation of charge on land in favour of bank by declaration.",
            "chapter": null,
            "content": "Chapter III\nCharges and mortgages in favour of Banks and their priorities",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Removal of disability in creation of charges and mortgages.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Priority of charges and mortgages in favour of Government, a bank and a co-operative society.",
            "chapter": null,
            "content": "(a) Any charge or mortgage created on any land or interest therein in favour of Government shall have priority over any other charge or mortgage that might have been created on such land or interest therein by an agriculturist in favour of person or a bank or a cooperative society irrespective of the dates of creation of charges or mortgages.\n(b) Where charges or mortgages on any land or interest therein are created in favour of both a co-operative society and a bank priority of such charges or mortgages shall, after commencement of this Act, be determined in accordance with the dates of creation of the charges or mortgages.\n(c) Any charge or mortgage created on any land or interest therein in favour of a bank in respect of financial assistance given to an agriculturist by that bank shall have priority over any other charge or mortgage that may have been created over such land or interest in favour of any person other than the Government, a co-operative society or any other bank, prior to the date on which the charge or mortgage was created in favour of the bank.\n(d) Where different charges or mortgages over the same land or interest therein have been created by an agriculturist in favour of a cooperative society or a bank or more than one bank, any such charge or mortgage created as security for financial assistance given by the co-operative society or a bank or banks by way of term loan for development purposes shall have priority over other charges or mortgage created in favour of a co-operative society or any of the banks, provided notice of such financial assistance by way of term loan for development purposes has been given to such co-operative society or bank and such co-operative society or bank has concurred in such financial assistance and where more than one such charge or mortgage is created as security for financial assistance given by way of term loan, the charges or mortgage by way of security for term loan for development purposes shall rank for priority in accordance with the dates of their creation.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Registration of charges and mortgage in favour of banks.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Noting of charge or mortgage created in favour of a Bank in the record of rights.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Restriction on creation of tenancy by an agriculturist borrower.",
            "chapter": null,
            "content": "Chapter IV\nArrangements for recovery of dues by Banks",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Removal of bar to attachment and sale by process of court.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Right of a bank to acquire and dispose of immovable property.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Exemption to banks from restriction on acquisition of land in excess of ceiling.",
            "chapter": null,
            "content": "Chapter V\nFinancing of Co-operative Societies by Banks",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Bank eligible to become member of a co-operative society.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Power of co-operative societies to borrow from banks.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Inspection of books of co-operative society by a bank.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Disputes between a bank and co-operative society.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Settlement of dispute.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Procedure for hearing of dispute.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Decision of Registrar or any person exercising the powers of Registrar or Arbitrator/Arbitrators.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Recovery of money awarded.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Powers of a bank to proceed against defaulting members of a cooperative society.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. Audit, inspection and inquiry reports of societies to be available to banks.",
            "chapter": null,
            "content": "Chapter VI\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "25. Exemption from legislations relating to money-lending and agriculturists' debt relief.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26",
            "title": "26. Mortgages executed by Karta of Joint Hindu Families.",
            "chapter": null,
            "content": "27.\nvf/kfu;e 32] 1956 dh /kkjk 8 dk mikUrfjr :i esa ykxw gksuk%& fgUnw vizkIro;rk vkSj laj{kdrk vf/kfu;e] 1956\nvf/kfu;e 32] 1956\ndh /kkjk 8 cSad ds i{k esa fd;s x;s ca/kdksa ij ,sls mikUrj.k ds v/khu ykxw gksxh fd mlesa U;k;ky; ds izfr funsZ'k dk vFkZ lekgRrkZ ;k mlds uke funsf'krksa ds izfr funs'k yxk;k tk;xk vkSj lekgrkZ ;k mlds uke funZsf'krksa ds vkns'k ds fo:) vihy vk;qDr ds ikl dh tk;xhA",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "28",
            "title": "28. Power of State Government to make rules. - (1) The State Government may by notification in the official Gazette make rules consistent with the provisions of this Act, to provide for all matters for which provision is necessary of expedient for the purpose of giving effect to the provision of the Act.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "28",
            "title": "28. Power of State Government to make rules.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "29",
            "title": "29. Repeal and Saving.",
            "chapter": null,
            "content": "Schedule\nDeclaration under Section 6(1)\nName of village\nName of C.D. Block and Sub-Division\nName of District\nSurvey No.\nBoundaries\nArea\nPlot No.\nCity\nSouth East\nNorth West\nAcres kathas\n1\n2\n3\n4\n5\n6\nAssessment\nAppropriate Value\nEncumbrances, if any\nRemarks, if any\nRs.\nP.\nNature\nAmount\n7\n8\n9\n10\n(1)\n(2)\nSignature of declarant\nManager/Agent ......Bank Place.........\nAnchal Adhikari Revenue Officer\nManager/Agent ......Bank Place.........\nSub-Registrar.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        }
    ],
    "metadata": {
        "Act ID": "bh010",
        "Act Number": "Bihar Act 7 of 1982",
        "Enactment Date": "",
        "Act Year": "1977",
        "Short Title": "The Bihar Agricultural Credit Operations and Miscellaneous Provisions (Banks) Act, 1977",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:52:23"
}