The Rajasthan Grant of Loan to Grape Growers Rules, 1965

Published vide Notification No. F.6-A(1) Agr.-5/65, dated 26-6-65 - Rajasthan Gazette Extraordinary, Part 4-C, dated 15.7.1965

RJ409

In exercise of the powers conferred by section 11 of Rajasthan Agricultural Loans Act, 1956 (Act No. 1 of 1957), the State Government hereby makes the following rules, namely:- 1. Short title. - These rules may be called the Rajasthan Grant of Loans to Grape Growers Rules, 1965. These will come into force with immediate effect. 2. Definitions. - In these rules, unless the context otherwise requires:- (a) "Government" means Government of Rajasthan.

(b) "Governor" means the Governor of Rajasthan.

(d) "Director" means the Director of Agriculture, Rajasthan.

(e) "Collector" means Collector of District in which the grape cultivation is to be carried out, and for which loan has been sought for, under these Rules.

(f) "Joint Director" means the Joint Director of Agriculture.

(g) "Deputy Director" means the Deputy Director of Agriculture.

(h) "Prescribed forms" forms as annexed with these rules.

(i) "District Agriculture Officer" means the District Agriculture Officer of the District in which the grape cultivation is to be carried but and for which loan has been sought for under these Rules.

(j) "Bower System" means the system in which vines are trained overhead on light wooden cross-bars nailed together where they cross or similar structure of wire iron bars [and slabs],

(k) "Kaiffon System" means the system in which vines are trained on horizontal wires paralled to ground.

(l) "Agriculturist" means under these rules, a person having land and intending to plant grape vine in a compact area of not less than half acre (1/5 hectare).

3. Application for loan. - (a) Applications for grant of loans under these Rules shall be made in writing to the District Agriculture Officer concerned in Form I. (b) [On receipt of such application, the District Agriculture Officer will make on the spot an enquiry and prepare an enquiry report in the prescribed Form No. II. If the loans to be sanctioned is beyond his powers under Rule 5(a) he shall forward the application with the enquiry report to the Deputy/Joint Director of Agriculture of the Region with his recommendations.]

(c) Loan shall be sanctioned only if it has been secured against property of sufficient value of the applicant, and failing that on obtaining a security bond from him and other personal sureties of Competence. The sureties, alongwith the applicant, will be jointly and severally responsible for the clearance of the loan.

(d) Loans may be sanctioned [cash or cash and kind both] for the purchase of plants, manure, and construction and fixing of supports for training of vines.

4. After the loan has been sanctioned the Agriculturist shall execute a bond in Form III and produce security in Form IV to the satisfaction of the sanctioning authority which shall not be less than the loan applied for Security shall be of immovable property or of a person who has got immovable property. [5. (a) The District Agriculture Officer is empowered to grant loan upto Rs. 4,000/- in each case. (b) If the application for loan is for an amount exceeding rupees four thousand, the District Agriculture Officer shall forward the application alongwith his enquiry report in Form No. II to the Deputy/Joint Director of Agriculture of the Region, who is empowered to grant loan upon rupees ten thousand in each case.

(c) If the application for loan is for an amount exceeding rupees ten thousand, the Deputy/Joint Director of Agriculture shall forward the application and the report received from the District Agriculture Officer to the Director of Agriculture, who is empowered to grant loan upto rupees twenty thousand in each case.

(d) The grant of loans in all these cases is subject to the condition that the loan sanctioned does not exceed Rs. 4,000/- per acre in the cash of Bower System and Rs. 2,000/- per acre in the case of Kniffon System.]

[6. x x x] 7. [Loans exceeding a sum of Rs. 20,000/- shall be sanctioned by the Government, and such cases shall be referred to the Government by the Director of Agriculture, along with the application, the enquiry report of the District Agriculture Officer and his own comments.] 8. [Second loan can be granted by the officers mentioned in Rule 5, subject to the condition that the total loan sanctioned to any loanee does not exceed the powers delegated to the sanctioning authority for the grant of loans. All other cases of second loan shall be referred to the Government for sanction.] 9. The loan shall be granted in two instalments. 10% of the loan will be granted at the first instance and the rest after a period of [two] months of the plantation on production of satisfactory proof that the plantation has been done in the approved manner. 10. The loan shall bear an interest as prescribed by the Government from time to time for long term loans on the date of payment of 1st instalment. 11. [The loan will be recovered in eight equal yearly instalments alongwith the interest, the first instalment commencing on the third anniversary of the payment of the first instalment of the loan. The interest for the first three years will be recovered in four equated instalments in addition to the normal instalments and interest, commencing from the third anniversary of the payment of the first instalment of the loan. In other words, along with the first four normal instalments and interest, the interest payable for the first three years will also be recovered.] 12. If the instalment is not deposited within one month from the due date, a penal interest @ 8% on the due instalment will be recovered. 13. If the loanee fails to utilise the loan in the approved manner within a period of [six months] of its grant, the total amount will be recovered in one instalment, with penal interest @ 8% per annum immediately. The Director shall, however, be empowered to extend the utilisation period for a further period of six months. 14. If the loan and interest thereon is not repaid in accordance with the preceding rules, it will be recovered as arrear of land revenue. 15. The Co-operative Societies of Grape Growers will be given preference for the sanction of loan.

Form I

Application for Loan for Grape Cultivation

1	Name of the applicant.
2	Name of his father.
3	Profession with class of Tenancy (share of the applicant).
4	Residential address.
5	Purpose for which loan is required.
6	Amount of loan required.
7	Nature of security offered.
8	Name and full particulars of the sureties.
9	Whether the property of the applicant/sureties to be hypothecated is free from all encumbrances.
10	Area of the holding in possession.
11	How such annual rent is paid ?
12	Are there any arrears of rent ?
13	Whether any loan for grape cultivation was taken previously.
14	(a) Whether any other loan was taken in the past from any source ?
	(b) If so, has it been repaid in full ?
	(c) If not, state the outstanding balance.
I declare that the facts mentioned above are true to the best of my knowledge and belief and that if a loan is granted to me I shall conform in all respects to the Rules and abide by the terms and conditions on which the loan is granted to me.

Signature of the applicant.

Form II

Form for Report on (Rule 3) Applications for Grant of Loans for Grape Cultivation

1.	Report of Patwari
2.	Report of District Agriculture Office
(i)	Estimate of total expenditure involved in the proposed work.
(ii)	How much amount will the applicant contribute towards grape cultivation either out of personal resources or in the form of manual labour or both ?
(iii)	What area of land is proposed to be brought under grape cultivation and can the repayment of principal and interest be made from the profits of such cultivation ?
(iv)	(a)	Was any loan obtained by the applicant for grape cultivation in the past? If so, how much money is still to be recovered and how was that loan utilised ?
	(b)	Was any other loan obtained by the applicant in the past? If so, when and how much and whether any repayment is still due ?
(v)	Is there any arrear of loan or other public demand outstanding against the applicant or any member of his family? If so, state the details thereof such as the date of loan, purpose, name of the member, name of the Department and the reason why it is still pending.
(vi)	Has the District Agriculture Officer made a local inspection? If so, a description of the conditions on the spot may be given.
(vii)	Name, parentage and address of the proposed surety.
(viii)	What is the surety's financial position? Is he otherwise a fit person for being accepted as a surety ?
(ix)	Whether any public demand is outstanding against the proposed surety ?
(x)	Whether the property offered as a security is free from encumbrances? If not, what is the nature and extent of the encumbrance ?
(xi)	Whether the District Agriculture Officer recommends the grant of loan applied for? If so, the amount recommended and the reasons in support of his recommendation.

Signature Designation

Report of the Joint/Deputy Director of Agriculture.

Signature Designation

Form III

Agreement Bond

This deed is made at..............................(the place where the bond is to be got executed) this................day of.............(month), 196. Between ................. (hereinafter referred to as the borrower(s) which expression where the context so admits shall include his heirs, executors and successors) of the one part, and the ................. Governor ................... (hereinafter referred to as the Director which expression where the content so admits shall include his successors in office and assigns) of the other part. Whereas a loan of Rs.................... (Rupees .................. only) has been sanctioned to the borrower(s) by the Governor under the ...................... Scheme for the purpose of................. And whereas the Governor has agreed to advance the loan to the borrower(s) in the manner mentioned hereinafter on the security and on the terms and conditions hereinafter appearing. Now this deed witness the and the parties hereto hereby agree as follows:- (1) The Governor will advance the said sum of Rs ............................... (Rupees ............... only) in two instalments at the time and in the manner provided below:-

(a) How instalments are to be advanced

(b)

(c)

(2) The borrower shall be liable to pay interest from the date of payment of loan to the borrower(s) till the realisation of the whole amount of loan.

(3) The borrower shall be liable to repay the amount of loan with interest in ................ equal instalments the first instalment being due after two completed years from the date of payment of the first instalment of the loan.

(4) Before the first instalment is granted, a security bond or a surety bond shall have to be furnished by the borrower.

(5) The borrower shall be bound to utilise the amount advanced by the Governor for the purpose of grape cultivation and for no other purpose.

(6) The rate of interest shall be.............percent per annum.

(7) A regular and complete account of expenses incurred shall have to be maintained and furnished to the District Agriculture Officer in such manner and at such internals as may be required by the Sanctioning Authority. In the event of not furnishing the returns and information asked for, further instalments of advance, if due, will not be paid and the amount of loan already paid will be liable to be recovered immediately, with interest under' the provision of Rules........

(8) The borrower(s) shall permit any person or persons authorised by the Governor in this behalf to inspect the Vineyard.

(9) The borrower shall commence the work of.............................within one month of the receipt of the first instalment of the loan and shall complete it, before the end of..............from the receipt of the loan.

(10) If a default is made in the payment of any instalment or instalments, towards grant of the loans along with interest on the due dates, the Governor through any person or persons authorised in this behalf shall have a right to and thereafter possess or may at its option either sell the said.................... or any part thereof free from all encumbrances by auction, tender in private negotiations without the intervention of any Court to any other person or persons or enforce against the said property or all in any of the remedies of a simple mortgage and in case the realisable from the property falls short of the amount due to the Governor, shall be entitled to recover the same personally from the borrower(s) (loanee(s)) as well as from the movable or other immovable property belonging to the borrower(s) and/or Sureties.

(11) In event of non-compliance with or breach of any of the conditions of this deed by the borrower(s) no further instalment(s) of advance, if due, will be paid by the Governor, and the whole sum then remaining due to the Governor under this deed on account of the said loan and interest thereon and other charges incidental hereto, shall become immediately payable, and the Governor shall recover it in one instalment within two months from the date of non-compliance or breach or any condition of this deed or provisions contained in Rule 11, as the case may be, and in such a case, penal interest at the rate of 8 percent shall also be chargeable on the amount due.

(12) Notwithstanding the above terms and conditions, the borrower(s) shall have the option at any time to pay the balance of the loan due from him/them. The amount of such balance of loan shall be determined by deducting from the said amount of loan, the amount instalment or instalments paid by him/them less interest on the loan from the date of payment of its first instalment.

(13) The borrower shall have to pay costs, charges and expenses incidental to any document to be executed by the Governor or by him/them to fulfil the above terms and conditions.

(14) Other particulars concerning the Scheme.

(a)

(b)

(c)

(15) All disputes and differences arising out of or in any way touching to concerning any documents and deeds (except those the decision thereof is otherwise provided for) shall be referred to the sole arbitration of the Secretary to the Government. The award of the arbitrator so appointed shall be final and binding on the party in witness whereof the parties hereto have signed this deed on the date respectively mentioned against their signatures.

Signatures of the borrower(s)

WitnessAddressWitnessAddress

Signed by and for the District Agriculture Officer

Form IV

Security Bond

Know all men by these presents that I .................... son of............. resident of................................in the District of....................... (hereinafter called "the loanee") has requested the Governor for the grant of a loan of Rs................ (Rupees ....................) for Grape vine cultivation and on the other part the Government has agreed to pay the sum of Rs. ................ (Rupees ...................................... only) for the purpose. And whereas the loanee (which expression shall include his heirs, executors, administrators and representatives) has under taken to repay the said amount with interest thereon calculated according to the rules in equal yearly instalments and if the loan shall not be repaid on due date, will pay penal interest in accordance with the rules. And these presents also witness that for the consideration of the said sum of Rs. .................... on any part thereof with interest according to the terms and conditions hereof, I/the said ..................(hereinafter called "the Mortgagor") hereby convey transfer to the said Governor (hereinafter called "the Mortgagee") all the property described below and it shall remain and be charged for the purpose of recovering the said sum of Rs. ........................with interest or any lesser sum as may become due by the Mortgagor to the Mortgagee. And the Mortgagor may terminate the deed on the final payment of the said sum of Rs. ........................ with interest. If the loanee becomes insolvent or dies, the whole amount (Rs. ..........................) or part thereof outstanding shall be recoverable against the said property. The Mortgagor consent with the Mortgagee that he, the Mortgagor, will during the continuance of this security observe and perform all the provisions and conditions of the said rules on his part to be observed and performed in respect of these presents and the hereditaments. In witness whereof the said ......................has signed hereunder on the day.............. of Signed by

Witness 1. 2.