The Gujarat Agricultural Credit (Provision of Facilities) Act, 1979

{
    "id": 16757,
    "slug": "the-gujarat-agricultural-credit-provision-of-facilities-act-1979",
    "title": "The Gujarat Agricultural Credit (Provision of Facilities) Act, 1979",
    "short_title": "The Gujarat Agricultural Credit (Provision of Facilities) Act, 1979",
    "act_number": "Gujarat Act No. 19 of 1979",
    "act_year": 1979,
    "act_type": "STATE",
    "location": "Gujarat",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Gujarat Agricultural Credit (Provision of Facilities) Act, 1979",
    "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. Definitions.",
            "chapter": null,
            "content": "(a) \"agriculture\" includes making land fit for cultivation, cultivation of land, improvement and development 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, fishing, pisciculture, apiculture, 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 the acquisition of implements and machinery in connection with any such activity; and also includes the purpose enumerated in section 116 of the Co-operative Societies Act; and the term \"agricultural purpose\" shall be construed accordingly;\n(b) \"agriculturist\" means a person who is engaged in agriculture and includes a co-operative society registered under the Co-operative Societies Act as a co-operative farming society;\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 percent paid-up share capital of which is held by the Central Government or any State Government or Governments or partly by the Central Government and partly by one or more Slate Governments.\n(d) \"bank\" means-\n(i) a banking company as defined in the Banking Regulation Act, 1949; (X of 1949)\n(ii) the State Bank of India constituted under the State Bank of India Act, 1955; (XXI of 1955).\n(iii) Subsidiary Bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959; (XXXVIII of 1959).\n(iv) a corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970; (5 of 1970).\n(v) any banking institution notified by the Central Government under section 51 of the Banking Regulation Act, 1949; (X of 1949).\n(vi) the Agricultural Refinance and Development Corporation constituted under the Agricultural Refinance and Development Corporation Act; 1963; (10 of 1963).\n(vii) any Agro-Industries Corporation;\n(viii) the Agricultural Finance Corporation Limited, a company incorporated under the Companies Act, 1956; (I of 1956).\n(ix) any other financial institution notified by the State Government in the Official Gazette as a Bank, for the purposes of this Act.\n(e) \"Co-operative Societies Act\" means the Gujarat Co-operative Societies Act, 1961; (Gujarat X of 1962).\n(f) \"Co-operative society\" means a co-operative society registered or deemed to be registered under the Co-operative Societies Act, the object of which is to provide financial assistance to its members and includes a co-operative land development bank;\n(g) \"financial assistance\" means assistance granted by way of loans, advances, guarantees or otherwise to an agriculturist-\n(i) for any agricultural purpose; or\n(ii) for the purpose of carrying out any State-sponsored scheme; or\n(iii) for relief against distress caused by fire or by serious drought, flood or other natural calamities;\n(h) \"Government Company\" means a Government Company as defined in section 617 of the Companies Act, 1956 (I of 1956).\n(i) \"prescribed\" means prescribed by rules made under this Act;\n(j) \"Registrar\" means a person appointed to be the Registrar of Co-operative Societies under the Co-operative Societies Act;\n(k) \"States-sponsored scheme\" means a scheme sponsored or adopted by the State Government or an officer authorised by it in that behalf, for the development of agriculture and notified as such by the State Government or the authorised officer, by a notification in the Official Gazette , for the purposes of this Act.\nChapter II\nRights of Agriculturists to Alienate Land in Favour of Banks",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Removal of restriction on alienation of land by agriculturists in favour of banks.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Charge on crop and other movable property in favour of a bank.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Creation of charge on land in favour of a bank by declaration.",
            "chapter": null,
            "content": "Chapter III\nCharge and Mortgages in Favour of Banks by Agriculturists and Priorities thereof",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Notice of creation of charge and mortgage in favour of bank to be given to cooperative society.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Priority of charges and mortgages in favour of a bank, Government and cooperative society.",
            "chapter": null,
            "content": "(a) any charge or mortgage created by an agriculturist on any land or interest therein, in favour of a bank, as security for financial assistance given to him by that bank, shall after the commencement of this Act, if prior in time have priority over any subsequent charge or mortgage in favour of Government or a co-operative society; and\n(b) any charge or mortgage created by an agriculturist on any land or interest therein in favour of a bank, as security for financial assistance given to him by that bank shall have priority over any other charge or mortgage in or over such land or interest therein in favour of any person other than Government or co-operative society or any other bank notwithstanding that such other charge or mortgage is prior in time to the charge or mortgage created in favour of the bank as security; for financial assistance given to such agriculturist.\n(i) to borrowings only from one or more co-operative societies, and\n(ii) to the recovery of sums due to Government as arrears of land revenue.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Exemption from registration of charge or mortgage in favour of bank.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Noting of charge or mortgage created in favour of bank in Record of Rights.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Restrictions on sale of land by agriculturist borrower.",
            "chapter": null,
            "content": "Chapter IV\nArrangements for Recovery of Dues by Banks from Agriculturists",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Recovery of dues of bank through authorised officer.",
            "chapter": null,
            "content": "(i) have become liable to repay such sum to the bank under the terms and conditions of the grant of the financial assistance and have committed default in repayment of such sum or have otherwise failed to comply with the terms and conditions of the grants, and\n(ii) have been served in the prescribed manner with a notice in writing by the authorised officer calling upon them to pay the amount due.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Rights of bank to acquire and dispose of land or interest therein.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Exemption to banks from registrations on acquisition of land in excess of ceiling.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Land not vesting in Government to be charged for unrecovered dues in certain cases.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Recovery of dues in respect of financial assistance to carry out State Sponsored scheme as arrears of land revenue.",
            "chapter": null,
            "content": "Chapter V\nFinancing of Co-Operative Societies by Banks",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Bank eligible to become member of co-operative society.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Inspection of books of co-operative society by bank.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Disputes between bank and co-operative society.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Settlement of disputes.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Recovery of money awarded.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Power of bank to proceed against defaulting members of a co-operative society.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Audit inquiry and inspection report of societies to be made available to banks.",
            "chapter": null,
            "content": "Chapter VI\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Exemption from legislations relating to money lending and relief of agricultural indebtedness.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. Mortgage executed by managers of joint Hindu families.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "8",
            "title": "25. Modified application of section 8 of the Act XXXII of 1956.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26",
            "title": "26. Mortgages not to be questioned on insolvency of mortgagors.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "27",
            "title": "27. Power of State Government to make rules.",
            "chapter": null,
            "content": "(a) the manner of serving notice on an agriculturist under the proviso to subsection (1) of section 11;\n(b) any other matter which is to be, or may be, prescribed.\nSchedule\n[ See Section 5(1)]\n[ See Section 5(1)]\nDeclaration Under Sub-Section (1) of Section 5\nDeclaration Under Sub-Section (1) of Section 5\nName of Village\nName of Taluka\nName of District\nSurvey No.\nCity Survey No.\nBoundaries\nAreas\nPlot No.\nPlot Hissa No.\nSouth East\nNorth West\nHectares\nAssessment\nRs.                                   P.\nApproximate Value\nEncumbrances, if any\nRemarks if any\nNature\nWhen created\nAmount\n(1)\n(2)\nSignature of the declarant.\nManager/ Agent. ..................................................Bank.\nPlace :.................\nVillage Accountant or both or designated revenue officer.\nManager/ Agent ................................................... Bank.\nSub-Registrar.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        }
    ],
    "metadata": {
        "Act ID": "guj005",
        "Act Number": "Gujarat Act No. 19 of 1979",
        "Enactment Date": "",
        "Act Year": "1979",
        "Short Title": "The Gujarat Agricultural Credit (Provision of Facilities) Act, 1979",
        "Type": "STATE",
        "Location": "Gujarat"
    },
    "updated_at": "2026-09-29 21:55:19"
}