(1) This Act may be called the Gujarat Agricultural Credit (Provision of Facilities) Act, 1979.
(2) It extends to the whole of the State of Gujarat.
(3) It shall come into force on such date as the State Government may by notification in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires,--
(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;
(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 cooperative farming society;
(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 State Governments.
(d) "bank" means—
(i) a banking company as defined in the Banking Regulation Act, 1949;
(ii) the State Bank of India constituted under the State Bank of India Act, 1955;
(iii) Subsidiary Bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959;
(iv) a corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 ;
(v) any banking institution notified by the Central Government under section 51 of the Banking Regulation Act, 1949;
Short title, extent and commencement.
Definitions X of 1949 XXI of 1955.
XXX VIII of
1959.
5 of 1970.
X of 1949 The Gujarat Agricultural Credit (Provision of Facilities) Act, 1979.
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(vi) the Agricultural Refinance and Development Corporation constituted under the Agricultural Refinance and Development Corporation Act, 1963;
(vii) any Agro-Industries Corporation ;
(viii) the Agricultural Finance Corporation Limited, a company incorporated under the Companies Act, 1956;
(ix) any other financial institution notified by the State Government in the Official Gazette as a Bank, for the purposes of this Act.
(e) "Co-operative Societies Act" means the Gujarat Co-operative Societies Act, 1961 ;
(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 ;
(g) "financial assistance" means assistance granted by way of loans advances, guarantees or otherwise to an agriculturist—
(i) for any agricultural purpose; or
(ii) for the purpose of carrying out any State-sponsored scheme; or
(iii) for relief against distress caused by fire or by serious draught, flood or other natural calamities ;
(h) "Government Company" means a Government Company as defined in section 617 of the Companies Act, 1956.
(i) "prescribed" means prescribed by rules made under this Act;
(j) "Registrar" means a person appointed to be the Registrar of Co- operative Societies under the Co-operative Societies Act ;
(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.
CHAPTER II.
RIGHTS OF AGRICULTURISTS TO ALIENATE LAND IN FAVOUR OF BANKS.
3. Notwithstanding anything contained in any law for the time being in force or in any custom or usage having the force of law, restricting the right of an agriculturist to alienate his land or any of this interest therein, it shall be lawful for an agriculturist to mortgage, or create a charge on; his land or any interest therein, in favour of a bank for the purpose of obtaining financial assistance from that bank.