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Section 85: Authority to Land Development Bank to exercise power under section 89

The Rajasthan Co-operative Societies Rules, 2003State Rules of Rajasthan · 2002

The authorisation for the purpose of clause (a) of the proviso to sub-section (1) of section 89 shall be granted to the Land Development Bank by the Registrar after hearing the objection, if any of the mortgagor or mortgagors concerned.

86. Appointment of Receiver and his powers under section 89 -

(1) The State Land Development Bank may, on the application of a Land Development Bank and under circumstances in which the power of sale conferred by section 89 can be exercised appoint any person in writing to be a Receiver of the produce and income of the mortgaged property or any part thereof and such Receiver shall be entitled either to take possession of the property or collect its produce and income as the case may be, to retain out of any money realised by him, his expenses of management including his remuneration, if any, as fixed by the State Land Development Bank and to apply the balance in accordance with the provisions for sub-section (8) of section 69-A of the Transfer of Property Act, 1882.

(2) A receiver appointed under sub-rule (1) may, for sufficient cause and on application made by the mortgagor, be removed by the State Land Development Bank.

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(3) A vacancy in the office of the Receiver may be filled up by the State Land Development Bank.

(4) Nothing in this rule shall empower the State Land Development Bank to appoint a Receiver where the mortgaged property is already in the possession of a Receiver appointed by civil court.

Where this provision sits

ActThe Rajasthan Co-operative Societies Rules, 2003
Section85
Marginal noteAuthority to Land Development Bank to exercise power under section 89
JurisdictionState of Rajasthan
StatusIn force as published by the source

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