(1) Notwithstanding anything contained in ~ o r t g a g c s any law for the t irne beitlg in force, mortgages executed exocuted Managers by after the commencement of this Act by the manager orjoint Hindu of a joint Hindu family favour of a bank for securing financial assistance for an agricultural purpose shall be binding on every member of such joint Hindu family.
824 THE ORISSA AGRICULTURAL CREDIT OPERAT~ONS AND [Or. Act (Sacs. 25-26)
(2) Where a mortgage executed in favour of a bank is caIIed in question on the ground that it was executed by the manager of a joint Hindu family for a purpose not binding on the members (whether such members have attained maiorjtv or not1 thereof.
the burden of proving the samezshafl lie on ihe party alleging it.
Modified 25. Section 8 of the Hindu Minority and application Guardianship Act, 1956, shall apply to mortgages 2 ,r 1956 of section 8 32 in favour of a bank subject to the modification that or 1956. reference to the court therein shall be construed as reference to the Collector or his nominee and the appeal against the order of the Collector or his nominee shall Iie to the Revenue Divisional Commissioner having jurisdiction.
Power of 26, The State Government may, by notification, Statc make rules to provide for all or any of the matters Government for which provision is necessary or expedient for the to rnakc purpozs of giving eff'cct to the provisions of this Act.
Declaration under section 4 (1) .......................................... I, ................... aged .years ............................. residing at. being.desirous of availing myself of financial ..................... assistance from the.. .Bank, make this declaration as required by section 4 (1) of the Orissa Agricultural Clredit Operations and MisceIlaneous Provisions ............................ (Banks) Act, 1975, that I. .ownlhave interest as a tcnant in the land specifieg below, and I hereby create a charge on the said landlinterest in land in favour of the bank for securing the financial assistance which the bank may make and for all future assistance, if any, which the bank may make to me together with interest and costs and expenses thereon.
-- Area Namc of Village -- Acres Name of Tafiasil 7 . 1 I 4 1 Assessment I Rupees 1 Paise I I Survey No. Boundaries I i Name of I I Encumbrances, if any Approximate value I Nature I Amount I City Survey No.
Remarks, if any District .I- South- East West N ~ t h - Hissa 1 "' 826 M-ORISSA AGRICULTURAL CREDIT OPERATIONS AND [Or. Act) 43 of 1975 (Sch. con td.)
In witness whereof, I, Shri.. .................. ., ..... ..hcreunde set my hand this. ...................... .day of. .................. .in the year onc thousand nine hundred and.. ............................
Witnesses Signed and delivered by the above-named in the presence of t . (1) Attested by Forwarded to the Sub-Registrar with a request to rctain a copy of thc document in his ofice and recofd the particulars of the charge.. ...................... created in the property of the executant. . .
................................. .. .. .Bank Place Copy to ManagerlAgent .. , ............................ .Bank. The cha rge crcated under the declaration is duly recorded and a copy witb necessary endorsmeut is :
returned herewith. !
Sub-Regis trar