Section 44
To Furnish Details Of Loans
(1) The prescribed authority may, by issuing a notice as prescribed, issue an order requiring any person who, on the commencement of this Section, has the principal and interest of agricultural loan due and payable by a peasant, and the oxen and other things related with agriculture to be returned by him/her, to furnish, or cause to be furnished, the details thereof as well as a copy of an instrument relating to loan with him or with the concerned Village Development Committee or Municipality within Thirty five days after the issuance of that notice; and the details as prescribed, filed with the concerned Village Development Committee or Municipality prior to the commencement of this Sub-section shall be deemed to have been furnished pursuant to this Sub-section. 94
Provided that:95
(a) The prescribed authority may, if it considers necessary to extend the time limit on an application of the concerned person or for any other reasonable cause, give an additional time limit not exceeding Thirty five days after the date of expiration of that time limit.
(b) Where any government employee or any person having been abroad who has failed to furnish the details within the time limit makes an application for the extension of the time limit, Government of Nepal or the prescribed authority may, if it considers necessary, give an additional time limit. (2) It shall be the duty of every creditor to furnish the details pursuant to Sub-section (1). Provided, however, that where such creditor is a minor or of unsound mind, his/her guardian or heir shall furnish such details.
Explanation: For the purposes of this Section, the term “agricultural loan” means a loan provided in cash or in kind to a peasant for the following purpose, irrespective of whatsoever purpose mentioned in the instrument of transaction: 96
(a) Seeds;
(b)97 Loan provided in cash or in kind to the peasant for food;
(c) Provision of wages to a worker employed in the cultivation of land;
(d) Manure and irrigation;
(e) Payment of land revenue and water tariff;
(f) Oxen and agriculture tools. (3)98 If there arises a question as to whether or not any loan is an agricultural loan for the purposes of this Chapter, the prescribed authority shall make a decision thereof, in presence of a representative of the Village Development Committee of Municipality and holding a public inquiry (Sarjamin) as well, if it deems necessary.
Provided that:95
(a) The prescribed authority may, if it considers necessary to extend the time limit on an application of the concerned person or for any other reasonable cause, give an additional time limit not exceeding Thirty five days after the date of expiration of that time limit.
(b) Where any government employee or any person having been abroad who has failed to furnish the details within the time limit makes an application for the extension of the time limit, Government of Nepal or the prescribed authority may, if it considers necessary, give an additional time limit. (2) It shall be the duty of every creditor to furnish the details pursuant to Sub-section (1). Provided, however, that where such creditor is a minor or of unsound mind, his/her guardian or heir shall furnish such details.
Explanation: For the purposes of this Section, the term “agricultural loan” means a loan provided in cash or in kind to a peasant for the following purpose, irrespective of whatsoever purpose mentioned in the instrument of transaction: 96
(a) Seeds;
(b)97 Loan provided in cash or in kind to the peasant for food;
(c) Provision of wages to a worker employed in the cultivation of land;
(d) Manure and irrigation;
(e) Payment of land revenue and water tariff;
(f) Oxen and agriculture tools. (3)98 If there arises a question as to whether or not any loan is an agricultural loan for the purposes of this Chapter, the prescribed authority shall make a decision thereof, in presence of a representative of the Village Development Committee of Municipality and holding a public inquiry (Sarjamin) as well, if it deems necessary.