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Section 11

The Gujarat Agricultural Credit (Provision of Facilities) Act, 1979.State Act of Gujarat · Act 19 of 1979

(1) Such officer as may be authorized by the State government for the purpose of this section (hereinafter referred to as the “ authorized officer”) may, on the application of a bank, after making such inquiry as he deems fit, make an order on any agriculturist or his heirs or legal representatives, directing the payment of any sum due to the bank on account of financial assistance availed of by the agriculturist, by the sale of any land or interest therein on which a charge or mortgage is created as security for such financial assistance :

Provided that no order shall be made by the authorized officer under this section for the payment of any sum or the sale of any land or interest therein on which such charge or mortgage is created, unless the agriculturist or the heirs or legal representative of the agriculturist, as the case may be,-

(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 comm- itted default in repayment of such sum or have otherwise failed to comply with the terms and conditions of the grants, and

(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.

(2) Every application by a bank under sub-section (1) shall be made on a courtfee stamp of a prescribed amount.

(3) Every order passed by the authorised officer under sub-section (1) shall be deemed to be a decree of a Civil Court of competent jurisdiction and shall be executed in the same manner as a decree of such Court.

(4) Nothing in this section shall debar a bank from seeking to enforce its rights in any other manner under any other law for the time being in force.

Where this provision sits

ActThe Gujarat Agricultural Credit (Provision of Facilities) Act, 1979.
Section11
JurisdictionState of Gujarat
StatusIn force as published by the source

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