(v) SALE OF IMMOVABLE PROPERTY

If the cultivator does not deny liability or

cannot shown sufficient cause for non-payment,

the Collector/Additional Collector/ Sub-Division Officer/Assistant Collector shall order sale of the immovable property as per the application made by the Bank.

(vi) APPROPRIATION OF PROCEEDS OF SALE

The proceeds of the sale of such property shall be appropriated for payment of the dues of the Bank and the cost of recovery and balance amount, if any, shall be paid to the cultivator.

For all distraints and sale effected for recovery, the procedure shall be similar to that prescribed for attachment and sale of movable or immovable for recovery of arrear of land revenue under the Rajasthan Land Revenue Act, 1956, and rules framed thereunder

(C)PURCHASE BY BANK

When land or other immovable property is offered for sale by public auction in pursuance of an order for sale under section 13 for recovery of a loan due to the Bank, and no one offers to purchase it, for a price sufficient to pay to the Bank the money due to it, the Bank may instead of waiting for resale, close the recovery proceedings by acquiring the land or interest there under or other immovable property charged or mortgaged to it, in exercise of the powers vested in it under section 14.

Section 14 of RODA. Right of bank to acquire and dispose of immovable property.— (1) Notwithstanding anything contained in any law of the time being in force, a bank shall have power to itself acquire agricultural land or interest therein or any other immovable property which has been charged or mortgaged to it by an agriculturist in respect of any financial assistance availed of by him, provided the said land or interest therein or any other immovable property has been sought to be sold by public auction and no person has offered purchase if for a price which is sufficient to pay to the bank the money due to it.

(2) A bank which acquires land or interest therein or any other immovable property in exercise of the power vested in it under sub-section (1) shall disposed it of by sale, within a period to be specified by the State Government in this behalf.

(3) if the bank has to lease out any land acquired by it under sub-section (1) pending sale thereof as indicated in sub-section (2), the period of lease shall not exceed one year at a time and the leases shall not acquire any interest in that property notwithstanding any provisions to the contrary in any other law for the time being in force.

(4) A sale by a bank of land or interest therein in terms of sub-section (2) shall be in favour of persons as may be prescribed by the State Government under section 30 of this Act and shall be subject to any provisions of any law in force which may place restriction on purchase of land by non-agriculturists or selling for acquisition of land or by a person not belonging to a Scheduled Caste or Scheduled Tribe or fragmentation of land.

For this purpose, the Bank Manager or Agent concerned may apply to the Collector informing him of the intention of the bank to exercise this right.

The Collector shall thereupon stop all recovery proceedings and pass an order directing that necessary entries be made by the Sub-Registrar and Tehsildar concerned, in their books and record of rights, -vesting the rights to the property which belonged to the defaulting cultivator, in the name of Bank in discharge of all liabilities of the cultivator, for the amount of loan, for which the property was charged.

The Collector/Additional Collector/Sub-Division Officer/ Assistant Collector shall also if so requested take steps to handover the possession of such land or other immovable property to the Branch Manager/ Agent of the Bank concerned.

The Bank shall in such cases, sell the property so required by it within a period of five years from the date of taking over possession.

It may during this period lease out the property as per provisions of section 14 (3).

(Section 14 (3) of RODA if the bank has to lease out any land acquired by it under sub-section (1) pending sale thereof as indicated in sub-section (2), the period of lease shall not exceed one year at a time and the leases shall not acquire any interest in that property notwithstanding any provisions to the contrary in any other law for the time being in force.)

(D) RESTRICTIONS

Any sale of such property shall subject to the following restrictions: —
(1) The buyer must be an agriculturist as defined in the Act.
(2) Land acquired from a person who is a member of a Scheduled Caste or Scheduled Tribe shall not be sold to persons who are not members of Scheduled Caste or Scheduled Tribe.
(3) The buyer should not on acquisition of such land by sale, exceed the ceiling limit applicable to him under the law relating to ceilings on agricultural holdings.

(E) GENERAL

(i) NOTICES, SUMMONS AND PROCLAMATIONS

All notices, summons and proclamations required to be issued for the purpose of this Act, shall be issued, in the manner laid down in the Rajasthan Land Revenue Act and Rules framed thereunder for notices, summons and proclamations.

(ii) RECOVERY CHARGES

The Bank shall, while making applications for recovery to the prescribed officer/designated officer concerned under these rules, add a flat rate of 5% as recovery charges, to the overdue amount. These shall be leviable form the defaulter, in case recoveries are effected through distraint or sale of movable/ immovable property. The recovery charges shall be deposited in the Government Treasury. Recovery charges at the rate of 2% shall, however, be leviable in case the cultivator makes payment after recovery proceedings have started, but no distraint or sale has been affected.

(iii) MAINTENANCE OF REGISTER BY DESIGNATED OFFICIALS

Collector/Additional Collector/Sub-Division Officer/ Assistant Collector shall maintain in their offices a register containing the following particulars: —
(1) Name of the Bank.
(2) Date of application.
(3) Name of the cultivator.
(4) Amount determined as overdue.
(5) Amount recovered.
(6) procedure adopted for recovery.
(7) Costs charged.

(iv) INFORMATION TO REVENUE BOARD BY DESIGNATED OFFICIALS

The Collector of the Districts shall send to the Revenue Board every quarter, information, regarding recovery of bank dues in the following proforma: —
(1) Name of the Bank.
(2) Total number of Pending applications.
(3) Amount overdue.
(4) Amount recovered during the quarter.
(5) Reasons for non-recovery of the remaining amount.