Amendment status not verified — confirm the current text below against the official source.
The Government of Karnataka now propose an amendment to the Act in the following directions to overcome the difficulties encountered in its operation- (a) The most striking deficiency of the Act is the restrictive scope of the definitions of ''Agriculture'' and ''Agricultural purposes''. In particular, the exclusion of agro-based processing industries precludes a larger number of agro-based operations from coming within the ambit of the Act. In consultation with the Agricultural Refinance and Development Corporation, a broad interpretation of what constitutes an ''Agricultural purpose'' has been adopted. In particular processing activities, acquisition of drought animals, and any other purpose as the State Government may specify, has been included in the definitions of ''Agriculture'' and ''Agricultural purposes''. (b) The Reserve Bank of India had brought to the notice of the Government certain minor anomalies in the original enactment. These pertain to section 2(f) and section 13 of the Act, and the Amendment Bill attempts to rectify these anomalies. (c) Although the Karnataka Agricultural Credit Operations and Miscellaneous Provisions Act, 1974, contains, in section 7, a statement of the priority of charge created in favour of the credit agency lending to an agriculturist over a subsequent charge created in favour of the State Government or a Co-operative Society, no such statement exists indicating the priority of a charge created in favour of a credit agency lending to an agriculturist over a prior charge created in favour of any other financial institutions. This lacuna is being rectified through an amendment to section 7. Hence this Bill. (Published in the Karnataka Gazetted Part IV-2A (Extraordinary) No.1103 dated 8-3-1978 at pages 4-5.) III Amending Act 26 of 1984.- The Bill proposes to amend the Karnataka Agricultural Credit Operations and Miscellaneous Provisions Act, 1974, for the following purposes :- Clause 2.- (a) to include the development of inland and marines fisheries in the definition of pisciculture; (b) to specify Regional Rural Banks established under the Regional Rural Banks Act also as credit Agencies for the purpose of the Act ; (c) to make the provisions of the Act applicable in respect of loans and advances granted prior to the commencement of the Act also. Clause 3.- To provide for the creation of a mortgage by hypothecation also. 4 Clause 4.- To provide for the issue and registration of a certificate of discharge on the agriculturists discharging their dues. Clause 5.- (a) to provide for the recovery of the dues as arrears of land revenue from the co-obligant and the sureties of the agriculturists and their legal representatives ; (b) to exclude the actual period occupied by the proceedings under the Act for the purposes of computing limitation for filing suits for recovery of dues in respect of financial assistance given under the Act. Clause 6.- To exempt the documents relating to the release of the mortgage or charge from the payment or registration fees. Clause 7.- (a) certain provisions of limitation Act are made applicable in respect of proceedings instituted under the Act or Rules; (b) the burden of a proving that the mortgage or charge was not created for agricultural or other purposes is cast on the person alleging it. Hence this Bill. (Obtained from L.A. Bill No. 1 of 1984 File No. LAW 70 LGN 83.) IV Amending Act 22 of 2000.- It is considered necessary to prepare upto date Codal Volumes of the Karnataka Acts and to repeal all the spent Acts and amendment Acts from time to time. The Government constituted One-man Committee for the above purpose. The Committee has reviewed the Karnataka Acts for the period for 1.1.1956 to 31.12.1998 and has proposed this "Repealing and Amending Bill, 2000" which seeks to repeal the following types of Acts,- (i) Acts which amended the Karnataka Acts whether they are now in force or not; (ii) Acts which amended regional Acts which are no longer in force; (iii) Appropriation Acts as they are spent Acts; (iv) Acts which have been struck down or by necessary implication struck down by the Courts; (v) Acts which are by implication repealed by Central Acts; and (vi) Acts which are temporary and spent enactments. The Bill does not include,- (i) Acts which amend the Central Acts and regional Acts which are in force; and (ii) Acts which are already repealed expressly. This Bill seeks to repeal and remove all spent and amendment Acts from the Statute Book. Hence the Bill. (L.A. Bill No.17 of 2000) 5 V Amending Act 17 of 2007.- In G.O.NO.RD 9 BMM 2003, dated: 8.9.2005 the posts of Regional Commissioners at Bangalore, Mysore, Gulbarga and Belgaum along with supporting staff has been created. The Regional Commissioners have to be conferred with statutory powers by necessary amendments to the relevant Acts. Since the matter was urgent and the Karnataka Legislature was not in session, the Karnataka Land Revenue and Certain Other Laws (Amendment) Ordinance 2006(Karnataka Ordinance No.5 of 2006) was promulgated to achieve the above Object. Hence the Bill. [L.A.Bill No. 7 of 2007] [Entry 5 and 18 of List II of the Seventh Schedule to the Constitution of India.] * * * * 6 KARNATAKA ACT No. 2 OF 1975 (First published in the Karnataka Gazette Extraordinary on the Eighteenth day of February 1975). THE KARNATAKA AGRICULTURAL CREDIT OPERATIONS AND MISCELLANEOUS PROVISIONS ACT, 1974. (Received the assent of the President on the Thirteenth day of February 1975) (As amended by Karnataka Acts 34 of 1978, 26 of 1984, 22 to 2000 and 17 of 2007) An Act to make provisions to facilitate flow of credit for purposes of agricultural production and development through credit agencies. WHEREAS it is expedient to make provisions to facilitate flow of credit for purposes of agricultural production and development through credit agencies and for matters connected therewith or incidental thereto ; BE it enacted by the Karnataka State Legislature in the Twenty-fifth Year of the Republic of India as follows :- CHAPTER I PRELIMINARY