In this Act, unless the context otherwise requires,-
(a) "Board" means the Board of Directors of the State Bank;
2[(aa) "Gehan" means a special charge on movable or immovable property, in favour of the Agriculture and Rural Development Bank or a Primary Agriculture and Rural Development Bank by a mere declaration in writing by the borrowers for securing the payment of money advanced, or to be advanced, by way of loan, which will have all the characteristics of a valid mortgage;]
(b) "land" shall have the meaning assigned to it in clause (7) of section 2 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972 (8 of 1974);
(c) 3"[Agriculture and Rural Development Bank]" means a 4[Primary Agriculture and Rural Development Bank] or State Bank registered or deemed to be registered under the Himachal Pradesh Co-operative Societies Act, 1968 (3 of 1969);
(d) 5"[Primary Agriculture and Rural Development Bank]" means means a 6[Co-operative Agriculture and Rural Development Bank] registered under the Himachal Pradesh Co-operative Societies Act, 1968 (3 of 1969) and affiliated as a member of the State Bank;
7[(dd) "mortgage" means a security by way of mortgage for the the payment of any definite and certain sum of money advanced or lent at the time, or previously due or owing, or forborne to be paid, being payable or for the repayment of money to be thereafter lent, advanced or paid, or which may become due upon on a current account, together with any sum
1. The Act came in to force, from 15th November, 1979 vide Notification No. 7- 41/79-II Co-op(s)-II dated 14th November, 1979, published in the Rajpatra, Himachal Pradesh (Extra-ordinary) dated 19th November, 1979, p. 2511.
2. Clause "(aa)" inserted vide H.P. Act No. 16 of 1987, effective from 16th November, 1987.
3. Substituted for the words "Land Development Bank" vide H.P. Act No. 16 of 1987, effective from 16th November, 1987.
4. Substituted for the words "Primary Land Development Bank" vide H.P. Act No.
16 of 1987, effective from 16th November, 1987.
5. Substituted for the words "Primary Land Development Bank" vide H.P. Act No.
16 of 1987, effective from 16th November, 1987.
6. Substituted for the words "Co-operative Land Development Bank" vide H.P. Act No. 16 of 1987, effective from 16th November, 1987.
7. Clause (dd) inserted vide H.P. Act No. 16 of 1987, effective from 16th November,
1987.
6 THE HIMACHAL PRADESH CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANKS ACT, 1979 already advanced or due, or without, as the case may be, and includes any charge or lien on any property for securing money or money's worth; and]
(e) "Official Gazette" means the Rajpatra, Himachal Pradesh;
(f) "prescribed" means prescribed by rules made under this Act;
(g) "Registrar" means the person appointed by the State Government to be the Registrar of Co-operative Societies for the State of Himachal Pradesh or any person appointed by the State Government to assist the Registrar under section 3 of the Himachal Pradesh Co-operative Societies Act, 1968 (3 of 1969);
(h) "State Government" means the Government of Himachal Pradesh;
(i) "State Bank" means 1[the Himachal Pradesh State Cooperative Agriculture and Rural Development Bank Ltd.], established for the purposes of this Act;
(j) "State" means the State of Himachal Pradesh;
(k) "trustee" means the trustee referred to in section 5(i) of this Act;
(l) "Collector" means the Collector of the District or such other officer not below the rank of the Assistant Collector 1st Grade as may be specially empowered by the State Government to discharge the functions of a Collector for the purposes of this Act;
(m) "Commissioner" means the Financial Commissioner of Himachal Pradesh for the time being and includes any other officer specially empowered by the State Government to exercise the powers of the Commissioner under this Act; and
(n) "joint Hindu family" consists of all persons lineally descended from the same common ancestor, and their wives and unmarried daughters.
CHAPTER-II BANKS AND LOANS