(1) The Board or the Trustee may direct the committee of a primary bank to t~ke action against a defaulter under sectiOn 16 or sectiOn UJ or sectiOn 29 and 1f the committee neglects or fails to do so the Board or the Trustee may take such action.
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(2) Where action IS taken by the Board under sub-section
(1), the provisiOns of this Act and of any rules or regulatiOns made thereunder shall apply 10 respect thereto as If all references to the primary bank and to Its committee 10 the said prov1::.10ns were 'r references to the Agricultural Development Bank and the Board _,., respectively. • '
(3) Where actwn IS taken by the Trustee unde1 sub-section · (1), the provisiOns of this Act and of any rules or regulations made • thereunder shall apply m respect thereto as If all references to the pnmary bank or to its committee m the said provisions were references to the Trustee.
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31. Bank's nght to 1m.provements effected afler Gehan or rrwrtgage or hypothecatwn -Notwithstandmg anythmg contained in the Kerala Compensat1on for Tenants Improvements Act, 1958 (29 of 1958), the Improvements, if any, made subseuuent to the date of the Gehan or mortgage or'hypothecation in favour of the Agricultural Development Bank or a pnmary bank, by the lessee of the property to which the Gehan or mortgage or hypothecation relates, ,shall be treated as accessiOn to the property and shall be available to such bank for -the realisatiOn of the amount under the Gehan or mortgage or hypothecatiOn. ,.
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32. Deduction from sale pror:eeds of aqncultural produae in certain cases -(1) Notwithstanding anythmg contameJ m any law for the time bemg in force, an applicant for a loan from a primary bank may execute an agreement m favour of that bank prov1dmg that it shall be lawful for ~he marketmg co-operative ~oc1eties or the Commodity Boards through which the agricultural produce belonging to the applicant IS marketed, to deduct such amount as may be specified in the agreement from the sale procef'ds of such agricultural produce marketed through such co-operative societies or boards and to pay the amounts so deducted to such pr1mary bank in satisfactiOn of any debt or other demand due by Lhe applicant to that bank.
' ' Explanatwn -For the purpose of this sectwn, "Commodity Boards" means the Coffee Board established under the Coffee Act, 1942 (Central Act 7 of 1942), the Tea Board established under the Tea Act, 1953 (Central Act 29 of 1953), the Rubber B·>ard constituted under the Rubber Act, 1947 (Central Act 24- of 1947), the ~ Cardamom Board established under the Caraamorr. Act, 1965 (Central Act 42 of 1965), and the Coconut Development Board , established under the C.oconut Development Board Act, 1919 (Central Act 5 of 1979).
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(2) On executiOn of an agre~mf'nt as provided I!J :;nb-!:icctJOn
(1), the marketmg co-operative society or CommoJJt y Board referred to m. that sub-sectiOn shall, on a requisitiOn 111 wntmg by the primary bank and so long as such debt or demand or any part of it remams unpaid, make a deductiOn, m accol'dance w1th the requisition, from the s?,le proceeds of the agricultural produ<.e belongmg to the applicant anq marketed through them and pay the amounts so deducted to the pnmary bank withm seven days from the date of deductiOn. .
(3) A_ny paymer:t made by a marketmg co-operative s•1ciet' or Commodity Board under sub!sectwn (2) shall be · vahd ami effectual agamst any demand upon such society or board by any person. •
33. Gehan or mortgage or hypothecation not to be qnestwned in msolvency proceedtngs -Notwithstandmg anythmg contamed IJ'l the Insolvency Act, 1955 (2 of 1956), a Gehan created or mortgage or hypothecatiOn executed m favour of the Agncultural Develop· ment Bank or a pnmary bank, shall not l:>e,callerl m quest1on on the p-round that It was not created or executed m good faith for valuable consideratiOn or on the ground that 1.t was created or executed lD order to give such bank a preference over the other creditors of the person who created the Gehan or executed the mortgage or hypothecation. ' 0