(1) It shall be lawful for an agriculturist to create a charge on the movable property owned by him or on the crops raised by him, standing or otherwise, or other produce from land cultivated by him, to the extent of his interest therein, in favour of a bank, to secure financial assistance from that bank notwithstanding that he may not be owner of the land on and from which the crop is raised.
(2) Notwithstanding anything to the contrary in the Himachal Pradesh Co-operative Societies Act, 1968 (3 of 1969) or any other law for the time being in force, no charge in respect of financial assistance extended by a cooperative society to an agriculturist shall have priority over a charge on the crops raised by him, standing or otherwise, or any other movable property in respect of any financial assistance given to him by a bank provided the financial assistance made by the bank is prior in point of time to that of the financial assistance extended by the co-operative society.
(3) A bank may, distrain and sell through an official of the State Government, designated in this behalf by the State Government, the crop or other produce or other movable charged to that bank to the extent of the agriculturist's interest therein and appropriate the proceeds of such sale towards all moneys due to the bank from that agriculturists.
1. See Not. No. 8-29/71 Fin. (W & M), dated the 5th June, 1973.
H.P. AGRICULTURAL CREDIT OPERATIONS AND MISCELLANEOUS PROVISIONS (BANKS) ACT, 1972 6