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Section 7: Recovery of loans

The Kerala Agriculturists Loans Act, 1961State Act of Kerala · Act 27 of 1961

(1) Subject to such rules as may be made under section 9, all loans granted under this Part, all interest chargeable thereon, and costs, if any, incurred in making and recovering the same, shall, when they become due, be recoverable by the Collector in all or any of the following modes, namely:—

(a) from the borrower—as if they were arrears of land revenue due by him;

(b) from his surety, if any— as if they were arrears of land revenue due by him;

(c) out of the land for the benefit of which the loan has been granted— as if they were arrears of land revenue due in respect of that land;

(d) out of the property comprised in the collateral security, if any—according to the procedure for the realization of land revenue by the sale of immovable property other than the land on which that revenue is due.

(2) All sales of land under clause (c) of sub-section (1) shall be free of all encumbrances created on the land subsequent to the date of the order granting the loan.

(3) When any sum due on account of any such loan, interest or costs is paid to the Collector by a surety or an owner of property comprised in any collateral security, or is recovered under sub-section (1) by the Collector from a surety or out of any such property, the Collector shall, on the application of the surety or the owner of that property, as the case may be, recover that sum on his behalf from the borrower, or out of the land for the benefit of which the loan has been granted, in the manner provided by sub-section (1).

(4) It shall be in the discretion of the Collector acting under this section to determine the order in which he will resort to the various modes of recovery permitted by it.

Where this provision sits

ActThe Kerala Agriculturists Loans Act, 1961
Section7
Marginal noteRecovery of loans
JurisdictionState of Kerala
StatusIn force as published by the source

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