(1) Notwithstanding anything contained in ~ ; $ ~ ~ ~ $ ~ ~ s the Indian Registration Act, 1908, i t shall not be neces- exccufed on of ,908. sary for any Director, Secretary or other officer of a p$;s;l"rC;and *[primary land development bank] or of the .[State ~ , , , o p ~ , , n , Land Development Bank] to appear in persorl or by bank] o r of the agent at any registration office in any proceeding con- ~ ~ ; ~ , ~ ~ : : ~ , llected with the registration of any j~~strument execu- Bank].
ted by him in his official capacity 01. to sic11 as provided in section 58 of that Act.
(2) Where any instrument is SO cxecutcd, the registering officer to whom such instrument is presented for registr~tiotl may, if he thinks fit. refcr to such Director, Secretary or office^ for information respecting the same, and, on being satisfietl of thc cxccution thereof, shall register the instrument.
31, 4[Notwithstanding that n, mortgage e x c l \ 'c.d I'o\vCt C I 2 [ p r ~ ~ ~ i , u ! I C . ld in favour of a z[p:im;iry land devclopmc~lt bank 1 h s tlovcl,,pmLn been Irai~sferrecl, nr i s d(1~rned ulldr~r t11e ],rovl>lc>n bdnh] to I ~ L C I \ ~ of section 23-A to have been tmnsferrcd, t o 1 he ' ( S t n ~ c " I ::iyy:;',{::
Land D,-velopmalt Bank)]- d, . go not\$ II\I ~ ~ ~ I I I I I
(a) all moIwys due imder the mortgage sh'dl, ~n a\vg,l., n ~ , r t l~e abscocc of any spcc~fic direction to tlic contr;lry ;;;;~a~;s;lLl~ issued by thc Board or Trustce and communicated to D,,,;,,,,, --- -- - - - - - - . - - lncnt Bank].
3 Tllis word was substituted for the uord " Plo \ rnc i 11 " I,y tho ~ \ d a ~ t , ~ f i o n O r d e r of 1970 8 TIIIS Oxpresslon wJs stlbstltutcd for the. euplc\s!on " rlcol tgdgr , b.lnl\ " by swt ton 4 of the Tslmiil Nadu C o - o p c i a ~ t v c Lantl M o l t - gage B ~ n k s (Amendmenr)Act, 1969 (Tarn11 Nadu AGI 14 (,( 1060).
8 This exprenqion way ~ubs t l tu lcd for the cxpre5,ltrn " Ccnlral Mortgage Rank" by chid r T~lisevpresbion w.15 tubvtitulrd fcr thc wortls " N t , ~ w t ~ h ~ t , i n d - iny tile tranqfer ?,fa mortgage by :I mortgage b'ttlk to tilo CLlllrdl Mortyago Bank by ser;tlOn 5 of the Mddras Co-opera l~ve Ldnd Mortgage Banks (~menamtnt) Act, 1950 (Madras Act IX of 1350).
\ 1 - 1 448 Co-operative Land 11934 : .T.N. ,Act X k Development Banks the mortgagor, be payable to the '[primary land development bank] and such paymmt shall-be as valid as if the mortgage had not been so transferred; and
(b) the '[primary land development bank] shall, in the absence of any specific direction to the contrary issued by the Board or Trustee and communicated to th_e '[primary land development bank], be entitled to sue on the mortgage or take any other proceeding for t h ~ e c o ~ e r y of the moneys due under the mortgage.
'[32. (1) Where a mortgage executed in favour of a '[primary land development bank] eithzr before or after the passing of this Act is called in question on the g,round that it was executed by the manager of a joint Hindu family or the karnavan o: a Marumakkattzyam tarwad or tavazhi or of a Nambudri illom.
or the manager of a Thiyy,~ or Ezhava family, or the eja~nan or ejanlanthi of an Aliyasantana family, for a purpose not binding on the mzrnbers thereof, whether mqjors or mitlors, the burden of proving the same shall, notwithstandint: any law to the contrary, be on the party raising it.
(2) A mortgage exec~ttud in favour of a l[primary I:\11d developlnent bank] by the manager of a joint Hindu family or the karn:~van of a Martimakkattayar~l tarwad or tavtizhi or of a Nnmbudri illom or the manager of a Thiyya or Ezhavi~ family or the ejamar~ or ;jamanthi of an Aliyasantni~a family shall be binding on the members thereof, whether majors or minors, if the loan secured by the mortgage was granted for any of the following purposes, namely :-
(a) the improvement of agricultural land or of the methods of cultivntion ; and
(b) the purchase of land.]
-- 1 This expression was substituted fur tjle expression " mortgage bank " b section 4 of the Tamil Nadu Co-operative Land Mortgage Banks ( k n d r n c n t ) Act, 1969 (Tarni: Nadu Act 1401 1969).
s This ssctioa was subvtItuted for the original section 32 by *ticxu 6 of tho Madras Co-operative Land Mortgage Banks (Amendment) Act, 1950 (Madras Act 1Y of 1950).
1934 : T.N. Act X] Co-operative tand 449 Development Battks I 11 1 Proof o f 2[32-B. Any '[primary land development bank] or document, the 4[State Land Development Bank] may grant copies or entries in of any document obtained and kept by it in the coLlrse d0cuwent8.
of its business, or of any entries in such document ;
and any copy so granted shall, when certified in such manner as iilay be prescribed, be admissible in evidence Chapters 1x1 for any p~lrpose in the sanlc manner and to the same and IV t o extent 3s the original C ~ O C L I M P I ~ ~ , or the entries therein, 7:::;
as the cnse may be.] advanced by &[primary land dcvciopment 33. The provisio!~~ of Chipters 111 and I\' sh:!ll banks] from apply also to the loans advanced by '[primary land funds not Development blnksj from f ~ ~ ~ t d s which have not been ~~~~~~'f~~~d / borrotved from the 4[S!ate Land Development Bank]. Dcvelopnlent , Bank].
Service of
34. Whenever itndel. the procisiv~ls of this Act notice is required to be given to :my persol1 in writing, under 1110 Act, it sh:~ll be sufficient to send si~cll notice by ~.cgistorcd post. * Suction% 102, 103 and 104 of the Transfer Central 35. T11:: provi\io~ls of secrions 101 31;cl 103 01' the o f p r o p e r t y ~ c t , 1V T r a ~ ~ c f e ~ . uf Property Act, 1883, and o f any rulcl madc 1882 to apply or l f87. by thc t4illll C o u ~ t iindcr stction 10.1 of Illat Aci for 1 1 ~ t i c c ~ . Lo sL1c" carr)lin? out of tile I)LIrpobch 01' 1 1 1 ~ \ , L I ~ wctio~ls shall ;~ppI!'. so Lir :i., ,,;,LY bLs. in I - C ~ P C C ! "I' ;\!I 1:otices to t7c SCI L C C ~ C I I I C ~ ~ \ S t J l i 4 Act.
Srclialn ZZ-A wl~icii was itissrrcd l ~ y .;cctia,n 7 (lf thc Madras C>,- opcrativc l.;tnd Mortgigc 13;inh\ ( , \~n~:~i t l~nent) Act, I9.;0 (Madras Act I>; {%I' IO.-aO) was milled by cl;~c~sc 3 O B I ' , :rnd tlic Schcdulc t~!, tllc Madlxs X~l;,l>tution 01' Liiws Ordcr, lL):>7.
* 'flli.: .;ccti~bn w i ~ i inwrled by x~ctivri 2 i ~ f the Mitdras Co-opcr:itive L:iti~i hlt,~.tg:tgc 13.1nhs (SccontL Anlcnclmcnt) Act, l%'O (Madla3 Act XSll o f lt)nA~O).
"his c.spre.;ri,~i~ \\.:is sttbititi~tr~d Tor ~ h c i'rp~'cssion " mtrrtyayc bank " bv section 4 of the Til l~~i l Ni~tlu C'tj-'iperativc Land Mortgage Banks(Arncn~11n~n1) Act, 1969 (Tamil Na.Ju Act 14 ( I T 1969).
4 'l'liis csl,rc.;si(~n was substittrtctl 1;lr thc cxpressic~n " Central Mo r~g:igc Hank " by ihitl.
This e~pression \\,as su bstitirtefl for the expression " nlortgape ball ks " by ihid.
1 2 5 - 1 6 2 9 4% CO-operative and ' f1934 : ?.N. Act X / Development Banks Officers of 36. At any sale of movable or immovable property iIprimary land held under the provisions of this Act in order to redtvelopnlent cover any money due to a 3[primary land develop- $ ~ ~ ~ , " ~ : n d ment bank], no Director, Secretary or other officer Development of such bank or of the ZEStateLand Dzvelopment Bank1 (except on behalf of the bank of which he is a Director bid at or an officer) andno sale officer or other person having any duty to perform in connexion with such sale, shall eitller directly or indirectly, bid for or acquire or attempt to acquire any interest in such property.
Va t ing of asjets '[36-A. On and from the date of the commence, and liabilities. inont of the Amendment Act, all assets and liabilities of the existing Madras Co-operative Central Land Mortgage Bank and the existing mortgage banks shall stand transfcrred to, and vest in, the State Land Dzvelopment Bank and the primary land development b:lnks respectively.]
Delegation of 37. The Board may, i f it thinks fit, delegate all or certain powers :illy of its po\\'c.rs under scct ions 13, 20 and 25 to an by Board. rxecuti\.e com~nittee constituted by it and consisting of two o r more of its mcmbers.
Power o f B~~~~ 38. Notwitl~s[anding :lnything co~~tained in the Madras to make resu- Mntlrr!i Co-operxtrve Socrclics Act, 1939*. o r the rules a,, Iitions. nindc therc~u~tl~*r, thc Board \hall h:l\'e a general of 1932 po\vi.r of ~upcr\~lston ovcr the '[primary 1;111d developnle11t banks] and may mil kc regular ions not inconsi\tent wit11 (Ilia Act or t l~c ~ L I I L . ~ madc thcreunder-
(a) for Olc inspection o f the accoilnt books and psoccedir~g\ of prim:^^-y I:l~ld devclopmcut banks] ;
___I___ _ -- ----- - --- -- _^ I-UI-..
Th.t cu:>rc,\iun wa\ suhs t i t~~ted f*)r the expression " nlortgagc banks" by scctr~~tl 4 o f t h c ' r , ~ m ~ l N d u Ct~-tlper;\fr\.c Land Mortgnyc U d ~ i k s (Arnendtllcllt) Act, 1969 (Tarnil Nadir Act 14 of 1969).
'This exprc,.;i,jn was S L I ~ ~ ~ ~ ~ I I I C ~ f4)r the expression "Central Mljrtgage Rat~k'' by ihld.
This expie,.;it,n was substituted f o r the exprcssion "morfyagl bank" by ihid.
This section was inserted by scclion 6, ibid.
* Now see tile Tamil Nadu Co-operative Societies Act, 1961 (Tamil Nadu Act 53 of 1961).
.
I b ' " ..----L.-~ ', 1934 i T.N. Act $1 Co-operatlye tand 441 1" ' Development Banks I I
(b) for the submission of returns and reports / by '[primary land development banks] in respect of their transactions ;
(c) for the psriodical settlement of accounts between '[primary land development ,banks] and the I i '[State Land Dzvelopment Bank] and for the payment I of the amounts recovered by '[primary land dettelopment banks] on mortgages transferred '[or deemed under the provisions of sectioll 23-A to have been i transferred] to the '[State Land Development Bank];
( d ) prescribing the form in which applications to '[primary land developmellt banks] for loans should I I be made and for the valuation of the properties offered as security for such loans ; I I
(e) for the investment of moneys realized from the ~nortgagors ; and Cf) generally for the purpose of safeguarding the interests of the parties concerned and for carrying out tlte purposes of this Act.
4138-A. (1) All rules made under this Act shall be Publication guies, corn- of published in the Fort St. George Gazette and, unless mencement of they are expressed to come into force on a particular rules and platday, shAl come into force on the day on which they ~ ' $ ~ ~ ~ ~ ~ arc so published.
(2) Every rule made under this Act shall, as soon ns possible aftcr it is made, be placed on the table of both Houses of the Legislature, and if, before the expiry of the session in which it is so placed or the This expression was substituted f Or the expression "mortgage banks" by section 4 of the Tamil Nadu Co-opcrative Land Mortgage Banks (Amendment) Act, 1969 (Tamil Nadu Act 14 of 1969).
alThis expres~ion was substituted for the expression "Central Mortgage Dank by ibid.
8 These words, figures and letter were inserted by section 8 of the Madras Co-operative Land Mortgage Banks (Amendment) Act, 1960 (Madras Act IX of 1960).
4 Sections 38-A, 38-R and 3 8 4 were added by section 7 of the I Tamit Nadu Co-operative Land Mortgage Banks (Amendment) Act, 1969 (Tamil Nadu Act 14 of 1969).
125-14-29~ I . h", . I, 452 ~ w p e r a t i v e Lana [I934 : T. N. Act X Development Barika next session, both Houses agree in making any modification in any such rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modi4ed form or be of no effect, as the case may be, so however, that any suchmodifi:a:ion or alinulment shsll be without prejudice to th2 ~ d i d i t y of anything previously done under that rule.]
Construction ' 3S-3. Referelices to a " Central Mortgage Bank " ~ , ' f , ~ ~ ~ : ~ and . ' t n o i t p ~ ~ bank" in any law or instrument for Mortg~g- the ~ ' , n e be~ilg i i ~ f0i.c~ i : ~ tius State, shall with effcct B I I I ~ " and on an-1 from the date of the conlmencelnent of the amortgzge Am:ngment Act, be construed as references to the bank". " S~zre Land Development Bank " and " primary land development bank " respectively.
Aot to I 38-C.The :~rovisions of this Act shall have effect override other nc~:\l:;rhstn nq anythins inconsistent therewith conlaws. taincd in t 'c "Tainil Nadul Co-operative Societies Act, 1961 (z[Tamil Nadu] Act 53 of 196!) 3[or in any rule 2s by-law (~ncluding ;he by-law of any r : stered co-opzrativc society) or in any other law] f ' he time being in force, Szctions #-A, 38-B ant1 38-C were added by section 7 of the Tamil Nadu Co-operative Lnnd Mortgage Banks (Amendment) Act, 1969 (Tam11 Nadu Act 14 of 1969).
"These wo rdu were substituted for the word " Madras " by the Tam1 Nadu Ad~ptaiion of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order ,1969.
' These words ta;nd brackets were substituted for the words "or in an other I U W by section 4 of the Tamil N ~ d u Co-operative d Lan Development Banks (Amendment) Act, 1970 (Tamil Nadu A c t 4 o f 1970).
1979 : T. N. Act 3 51 Co-operatire had Devetopmenf 995 Banks (Amenbnt ) I TAMIL NADU ACT NO. 35 OF 1979.* I THE TAMIL NADU CO-OPERATIVE LAND DEVELOPMENT BANKS (AMENDMENT) ACT, 1979.
[Received the assent of the Governor on the 30th May 1979, first published in the Tamil Nadu Government Gazette Extraordinary on the 2nd June 1979 (Vaikasi 19, Chitharthi (20 10-Tiruvalluwr Andu)). ] An Act further to amend the Tamil Nadu Co-operative Land Development Banks Act, 1934.
BB it enacted by the Legislature of the State of Tamil Nadu in the Thirtieth Yea1 of the Republic of India as follows :-
1. This Act may be called the Tamil Nadu Co- Short title.
operative Land Development Banks (Amendment) Act,
1979.
a. For section 3-D of the Tamil Nadu Co-operative Substitution Land Development Banks Act, 1934 (Tamil Nadu Act X of of new set- 1934) (herqinafter referred to as the principal Act), the tion for following section shall be substituted, namely :- section 3-D, Tamil Nadu Act X of 1934.
&' 3-D. Purposes for which loans may be granted.- A primary land development bank or the State Land Development Bank may gIant loans for all or any of the following purposes, namely :-
(a) development of agriculture including making land fit for cultivation, improvement of land, development of sources of irrigation ;
(b) (i) animal husbandry, j
(ii) pisciculture including fish catching,
(iii) apioulture,
(iv) sericultare * For Statement of Objects and Reasons, see Tamil Nadu Government Gazette Extraordinary, dated the 2 5t h Apri 1 1979, Part IV-Section 1, Pam 269.
125-10-63~ 99'5 ~ a g e r a t i v e Land berelop b t [U79 :T. W. Act 35 ' Banks (Amendment) A l and all activities incidental or ancillary thereto ;
(c) activities connected with processing, storage, transport and marketing of produce of agriculture, animal husbandry, pisciculture, apiculture and sericulture ;
(d) purchase of tools, implements, machinery and eattle for use ~n any of the above purposes ;
(e) such o t k purposes as the State Government may, by notification, specify in this behalf.
I Explanation.-For the purposes of this section- I (a) ' agriculture ' includes horticulture, raising of crops (including plantation, t reemps and garden prod ~ = ) , seed farm~ng and forestry ; and
(b) ' animal husbandry ' includes cattle breeding, dairy fanning, piggery and poultry farming.".
3. In sub-section (1) of section 4-A of the principal ~ ~ ~ m ~ ~ , O f ~ c t , for the words " in respect of loans granted to the fmil Nadu Tamil Nadu State Electricity Board ", the words "in at X of 1934. respect of loans granted to sueh-
(i) corporations ;
(ii) local bodies ;
(iii) institutions ;
(iv) oo-operative societies ; and
(v) individuals as may be approved by the State Government * shall be mbrtitaued.
I 1934TN10.pdf 1979TN35.pdf