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Section 143A: Transfer of rights and liabilities of Government in respect of schemes sanctioned under Bom. XXVIII of 1942

The Maharashtra Co-operative Societies Act, 1960State Act of Maharashtra · Act 24 of 1961

(1) Where any works, included in a land improvement scheme which has come into force under the 15Bombay Land Improvement Schemes Act, 1942 (Bom. XXVIII of 1942), are carried out at the cost or part cost of the State Government, and such cost is to be recovered from the owners of lands (other than Government) included in the scheme as shown in the statement prepared 1 These words were substituted for the words “Agriculture and Rural Development Banks” by Mah. 41 of 2005, s. 8.

2 These words were substituted for the words “Agriculture and Rural Development Banks” by Mah. 41 of 2005, s. 8.

3 Now, the short title of the Act has been amended as the Maharashtra Agricultural Debtors Relief Act, by Mah. 24 of 2012, s. 2 and 3, Schedule, entry 26, with effect from the 1st May 1960.

4 These words were substituted for the words “Agriculture and Rural Development Banks” by Mah. 41 of 2005, s. 8.

5 These words were substituted for the words “Agriculture and Rural Development Banks” by Mah. 41 of 2005, s. 8.

6 These words were substituted for the words “State Agriculture and Rural Development Bank” and “Agriculture and Rural Development Banks” respectively by Mah. 41 of 2005, s. 8.

7 These words were substituted for the words “State Agriculture and Rural Development Bank” and “Agriculture and Rural Development Banks” respectively by Mah. 41 of 2005, s. 8.

8 This word was substituted for the words “Co-operative Bank” by Mah. 20 of 1986, s. 57.

9 These words were inserted by Mah. 10 of 1988, s. 27.

10 These words were substituted for the words “an Agriculture and Rural Development Bank” and “an Agriculture and Rural Development Bank” respectively by Mah. 41 of 2005, s. 8.

11 This word was substituted for the words “Co-operative Bank” by Mah. 20 of 1986, s. 57.

12 These words were inserted by Mah. 10 of 1988, s. 27.

13 These words were substituted for the words “an Agriculture and Rural Development Bank” and “an Agriculture and Rural Development Bank” respectively by Mah. 41 of 2005, s. 8.

14 Section 143A was inserted by Mah. 35 of 1969, s. 2.

15 The short title of the Act has been amended as “the Maharashtra Land Improvement Schemes Act” by Mah. 24 of 2012, s. 2 and 3, Schedule, entry 22, with effect from the 1st May 1960.

1961 : Mah. XXIV] The Maharashtra Co-operative Societies Act, 1960 107 under section 13 1[or in the interim or final statement] prepared under section 13A of that Act, then notwithstanding anything contained in this Act, all the rights and liabilities of the State Government for the recovery of the cost or part cost from the owners of lands shall stand transferred to a 2[Co-operative Agriculture and Rural Multipurpose Development Bank], in relation to such owners of land and subject to such terms and conditions (including any condition regarding giving of any guarantee by the State Government) as may be agreed upon between the State Government and such 3[Co-operative Agriculture and Rural Multipurpose Development Bank]; and for arriving at such agreement, every owner of land shall produce before the Bank all such documents, and other evidence relating to his land including in such scheme as the Bank may require.

(2) On such transfer of rights and liabilities of the State Government, the 4[Co-operative Agriculture and Rural Multipurpose Development Bank] shall pay to the State Government an amount equal to the extent of the liability accepted by it under such agreement, and the State Government shall inform the owners of lands concerned of such transfer; and thereupon, the provisions of this Act and rules thereunder in so far as they provide for advancing of loans (including provision for mortgaging of property) and recovery thereof shall apply in relation to the amount of cost to be recovered from each owner of land as they apply in relation to advancing of loans and recovery thereof (including interest) as if such owner was a member of the 5[Co-operative Agriculture and Rural Multipurpose Development Bank]. The transfer of the rights and liabilities and payment made in accordance therewith shall discharge the owners of land of their liability to make payment to the State Government under the 6Bombay Land Improvement Schemes Act, 1942 (Bom. XXVIII of 1942), but to the extent only of their respective liability accepted by the Bank].

Where this provision sits

ActThe Maharashtra Co-operative Societies Act, 1960
Section143A
Marginal noteTransfer of rights and liabilities of Government in respect of schemes sanctioned under Bom. XXVIII of 1942
JurisdictionState of Maharashtra
StatusIn force as published by the source

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