Amendment status not verified — confirm the current text below against the official source.
(1) Notwithstanding anything contained in ~ ; $ ~ ~ ~ $ ~ ~ s the Indian Registration Act, 1908, it 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 ~,,,op~,,n, Land Development Bank] to appear in persorl or by bank] or 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 pro- vided in section 58 of that Act. (2) Where any instrument is SO cxecutcd, the registering officer to whom such instrument is pre- sented 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 cxc- cution thereof, shall register the instrument. 31, 4[Notwithstanding that n, mortgage e x c l \ 'c.d I'o\vCt C I 2[pr~~~i,u! IC. 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 tl~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\rnci 11 " I,y tho ~ \ d a ~ t , ~ f i o n Order of 1970 8 TIIIS Oxpresslon wJs stlbstltutcd for the. euplc\s!on " rlcol tgdgr, b.lnl\ " by swtton 4 of the Tslmiil Nadu Co-opcia~tvc Lantl Molt- gage B ~ n k s (Amendmenr)Act, 1969 (Tarn11 Nadu AGI 14 (,( 1060). 8 This exprenqion way ~ubstltulcd 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-operal~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 de- velopment 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 Marumak- kattzyam 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 mana- ger 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 (kndrncnt) 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 of 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 to 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