MEMORANDUM OF UNDERSTANDING ( for WEB SERVICE)
MEMORANDUM OF UNDERSTANDING ( for WEB SERVICE)
This Memorandum of Understanding (“MOU”) is made and entered at Pune on this
_____________ day of ____________, 2020 by and between:
Settlement Commissioner & Director Land Records (SC&DLR) (on the behalf of Department of
Revenue, Government of Maharashtra) having it’s office situated at 3 rd floor, New Administrative
Building, Opposite Council Hall, Camp, Pune PIN-411001 (hereinafter referred to as “SC & DLR”
which expression shall, unless it be repugnant to the subject or context thereof, be deemed to mean
and include its successors and permitted assigns) of the FIRST PART;
AND
------------------------------, a Banking company incorporated under the Companies Act, 1956 and
licensed as a bank under the Banking Regulation Act, 1949, having its Registered Office at --------------
-----------------------------and represented through its branch situated at
____________________________________________ (hereinafter referred to as the “Bank” which
expression shall, unless it be repugnant to the subject or context thereof, be deemed to mean and
include its successors and assigns) of the SECOND PART;
The “Bank” and “SC & DLR” shall hereinafter collectively referred to as the “Parties” and individually
as a “Party”.
2
WHEREAS:
A. The Bank is engaged in the business of providing banking and other financial services and inter
alia engaged in the business of issuance of line of credits to the agricultural sector including
issuance of Kisan Credit Cards (i. e. KCC / KGC) to the farmers / agriculturists / land holders as
well as Loans for Housing and Industrial Purposes.
B. As a pre-condition of sanctioning of the Kisan Credit cards (i. e. KCC / KGC) and other lines of
credits, Bank, as a part of loan underwriting process, takes the offline search of the documents
submitted by the land holders and also takes online search of the revenue records available with
the Revenue Departments.
C. AND WHEREAS, searches in the Website being time consuming, many a times the Bank is not
able to effectively view and download the relevant revenue records for verification. Otherwise
land holder has to visit village office to get signed and certified copies of Village Form 7/12,
Village Form 8A, Property Cards, etc (herein after called as “RoR”, that is, Record of Rights).
These processes delay the processing of the loan and its disbursement.
D. To overcome this issue and in order to facilitate easy and quick access of the revenue records
the Bank has requested the SC & DLR to provide web services to the servers of the Bank from
the servers of the SC & DLR.
E. AND WHEREAS, the SC & DLR has agreed to the said request of the Bank subject to such
integration parameters as may be mutually agreed by and between the Parties.
NOW THIS MOU WITNESSETH AND IT IS NOW AGREED BY AND BETWEEN THE PARTIES HERETO AS
UNDER:
1. SCOPE OF THE MOU:
1.1. SC & DLR will provide web services to the Bank to access the details of revenue records of the
properties to be verified for underwriting and disbursement of Agricultural / Industrial /
Housing loans, etc. by the Bank. Bank will utilize the services whenever the Farmers /
Agriculturists or any land holder approaches the Bank for availing Loans from the Bank.
1.2. SC & DLR will provide web services and the Bank at its own cost and expenses, shall develop
necessary Utility at their end to access the revenue details as available with SC & DLR.
1.3. Bank will not insist on signed or authenticated RoR from farmers/land holders wherever
digitally signed RoR is available. Instead of that, self-attested copies of RoR (freely
downloadable) may be provided by farmer / land holder for initiation of loan proposal. In case
3
where digitally signed RoR is not available, the Bank is free to ask for physically signed RoR
from the competent authority.
1.4. Bank will not charge to land-holder any amount exceeding the charges paid to Government as
mentioned in Annexure.1
1.5. A designated Nodal Branch and Nodal Officer will be nominated by Bank/FI for handling billing
and payment reconciliation in regular coordination with SC & DLR. Monthly billing cycle will be
applicable for documents downloaded. Bills should be paid before the end of the succeeding
month of usage. Bank should take care to clear dues against services used on monthly basis
else the services may be discontinued without affecting the right to collect pending dues.
2. NON-DISCLOSURE AND CONFIDENTIALITY:
2.1. Access details (including Username, Password etc.) provided by SC & DLR to the Bank, to get
the web services, should not be disclosed to any other person.
2.2. Bank will not use the data of revenue records shared, for any purpose other than the purpose
for which it has been shared, without the express consent of SC & DLR
2.3. Both Parties hereto shall protect all confidential information of the other party which is in their
possession or which may come during the course of MOU.
2.4. This entire clause 2 will be operational even after the termination of this MOU.
3. CONSIDERATION:
The Parties agree to execute this MOU to reduce the hassles in getting loan by farmers &
other holders and to expedite the process of loan sanctioning by Bank.
As this instrument is being executed for by State Government through the SC & DLR, liability
to pay the Stamp Duty, if any, is not chargeable in respect of this instrument, , as per Section
3 of the Maharashtra Stamp Act.
4. REPRESENTATIONS AND WARRANTIES BY THE PARTIES:
Each of the Parties represents and warrants to the other as under:
4.1. It is duly organized, validly existing and in good standing, under the laws of the jurisdiction of
its incorporation;
4.2. It has all the requisite power and authority to execute, deliver and perform its obligations
under these presents and to comply with the terms and conditions contained herein;
4.3. These presents have been validly executed and delivered and constitute a legal, valid and
4
binding obligation of such Party.
5. TERM AND TERMINATION:
5.1 The MOU shall be effective from the date of the execution of this MoU and shall remain valid
and in force unless terminated under this clause.
5.2 Either of the Party to the MOU may, by notice in writing of 30 days served on the other Party of
its intention to terminate the MOU, may terminate the MOU without assigning any reason and
without incurring any liability.
5.3 SC &DLR has the right to terminate this MoU for non-payment of charges while reserving the
right to collect the charges due.
5.4 The expiry or termination of this MOU shall be without prejudice to the accrued rights and
obligations of the Parties and all such accrued rights and obligations shall remain in full force and
effect and be enforceable not withstanding such expiry or termination.
6. NOTICES:
6.1. All notices, approvals, instructions, demand and other communication given or made under this
MOU shall be in writing and may, be given by facsimile, electronic mail, personal delivery or by
sending the same by pre-paid registered mail addressed to the relevant Party at its address or
email set out below (or such other address or email as the addressee has). At least by 5 (Five)
calendar days’ prior written notice should be given. Five days will be counted from the date of
delivery. Notice by e-mail should be followed by a copy of written notice.
1. Settlement Commissioner and Director of Land Records, Maharashtra State, Pune
Third Floor, New Administrative Building,
Opposite Vidhan Bhavan, Camp, Pune 411001
Email: dlrmah.mah@nic.in
2. Bank:
Attn.:
Address:
Email:
5
7. GOVERNING LAW AND JURISDICTION:
This MOU shall be governed by, and construed in accordance with, the laws of India. The
Parties agree that if the process of the courts is required to be invoked for enforcement of
provisions of this MOU, including for seeking of any interim relief prior, during or after
invocation of this Clause, then the competent courts in Pune shall have exclusive jurisdiction
to adjudicate any dispute or difference by and between the Parties.
8. RELATIONSHIP OF PARTIES:
This MOU is being entered into on a principal to principal basis and nothing contained in this
MOU shall be deemed to create any partnership, agency, employment and/ or joint venture
of/ with the other Party or the representatives of the other Party. Both Parties agree that it
will not represent that it is an agent of the other Party nor hold itself out as such.
9. COUNTERPARTS:
This MOU may be executed simultaneously in any number of counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the same
instrument.
10. AMENDMENTS:
All amendments or supplements to the terms of this MOU can be made only in writing duly
approved and signed by each Party.
Annexure-1*
(Schedule of Charges to be paid)
S.No. Document Name Charges per copy (Rs.)
1. Village Form No.7/12 15
2. Village Form No. 8A 15
3. Village Form No. 6 15
4. Property card Charges as applicable for Public use.
5. Any other online service such as
scanned Mutations
Charges as applicable for Public use.
*Charges mentioned in Annexure-1 can be modified by SC & DLR as per direction of Revenue
6
Department of the State.
IN WITNESS WHEREOF the Parties hereto have caused these presents to be executed the day and
year first hereinabove written in the manner hereinafter appearing.
SIGNED AND DELIVERED by the within named)
1. Settlement Commissioner & Director Land Records
(by the hand of Mr. ___________________ )
SIGNED AND DELIVERED by the within named
2.
Being the Bank above named
( by the hand of Mr. ______________________ )
Authorized representative of the Bank)
Witnesses:
1. Name:
Address:
2. Name:
Address:
This Memorandum of Understanding (“MOU”) is made and entered at Pune on this
_____________ day of ____________, 2020 by and between:
Settlement Commissioner & Director Land Records (SC&DLR) (on the behalf of Department of
Revenue, Government of Maharashtra) having it’s office situated at 3 rd floor, New Administrative
Building, Opposite Council Hall, Camp, Pune PIN-411001 (hereinafter referred to as “SC & DLR”
which expression shall, unless it be repugnant to the subject or context thereof, be deemed to mean
and include its successors and permitted assigns) of the FIRST PART;
AND
------------------------------, a Banking company incorporated under the Companies Act, 1956 and
licensed as a bank under the Banking Regulation Act, 1949, having its Registered Office at --------------
-----------------------------and represented through its branch situated at
____________________________________________ (hereinafter referred to as the “Bank” which
expression shall, unless it be repugnant to the subject or context thereof, be deemed to mean and
include its successors and assigns) of the SECOND PART;
The “Bank” and “SC & DLR” shall hereinafter collectively referred to as the “Parties” and individually
as a “Party”.
2
WHEREAS:
A. The Bank is engaged in the business of providing banking and other financial services and inter
alia engaged in the business of issuance of line of credits to the agricultural sector including
issuance of Kisan Credit Cards (i. e. KCC / KGC) to the farmers / agriculturists / land holders as
well as Loans for Housing and Industrial Purposes.
B. As a pre-condition of sanctioning of the Kisan Credit cards (i. e. KCC / KGC) and other lines of
credits, Bank, as a part of loan underwriting process, takes the offline search of the documents
submitted by the land holders and also takes online search of the revenue records available with
the Revenue Departments.
C. AND WHEREAS, searches in the Website being time consuming, many a times the Bank is not
able to effectively view and download the relevant revenue records for verification. Otherwise
land holder has to visit village office to get signed and certified copies of Village Form 7/12,
Village Form 8A, Property Cards, etc (herein after called as “RoR”, that is, Record of Rights).
These processes delay the processing of the loan and its disbursement.
D. To overcome this issue and in order to facilitate easy and quick access of the revenue records
the Bank has requested the SC & DLR to provide web services to the servers of the Bank from
the servers of the SC & DLR.
E. AND WHEREAS, the SC & DLR has agreed to the said request of the Bank subject to such
integration parameters as may be mutually agreed by and between the Parties.
NOW THIS MOU WITNESSETH AND IT IS NOW AGREED BY AND BETWEEN THE PARTIES HERETO AS
UNDER:
1. SCOPE OF THE MOU:
1.1. SC & DLR will provide web services to the Bank to access the details of revenue records of the
properties to be verified for underwriting and disbursement of Agricultural / Industrial /
Housing loans, etc. by the Bank. Bank will utilize the services whenever the Farmers /
Agriculturists or any land holder approaches the Bank for availing Loans from the Bank.
1.2. SC & DLR will provide web services and the Bank at its own cost and expenses, shall develop
necessary Utility at their end to access the revenue details as available with SC & DLR.
1.3. Bank will not insist on signed or authenticated RoR from farmers/land holders wherever
digitally signed RoR is available. Instead of that, self-attested copies of RoR (freely
downloadable) may be provided by farmer / land holder for initiation of loan proposal. In case
3
where digitally signed RoR is not available, the Bank is free to ask for physically signed RoR
from the competent authority.
1.4. Bank will not charge to land-holder any amount exceeding the charges paid to Government as
mentioned in Annexure.1
1.5. A designated Nodal Branch and Nodal Officer will be nominated by Bank/FI for handling billing
and payment reconciliation in regular coordination with SC & DLR. Monthly billing cycle will be
applicable for documents downloaded. Bills should be paid before the end of the succeeding
month of usage. Bank should take care to clear dues against services used on monthly basis
else the services may be discontinued without affecting the right to collect pending dues.
2. NON-DISCLOSURE AND CONFIDENTIALITY:
2.1. Access details (including Username, Password etc.) provided by SC & DLR to the Bank, to get
the web services, should not be disclosed to any other person.
2.2. Bank will not use the data of revenue records shared, for any purpose other than the purpose
for which it has been shared, without the express consent of SC & DLR
2.3. Both Parties hereto shall protect all confidential information of the other party which is in their
possession or which may come during the course of MOU.
2.4. This entire clause 2 will be operational even after the termination of this MOU.
3. CONSIDERATION:
The Parties agree to execute this MOU to reduce the hassles in getting loan by farmers &
other holders and to expedite the process of loan sanctioning by Bank.
As this instrument is being executed for by State Government through the SC & DLR, liability
to pay the Stamp Duty, if any, is not chargeable in respect of this instrument, , as per Section
3 of the Maharashtra Stamp Act.
4. REPRESENTATIONS AND WARRANTIES BY THE PARTIES:
Each of the Parties represents and warrants to the other as under:
4.1. It is duly organized, validly existing and in good standing, under the laws of the jurisdiction of
its incorporation;
4.2. It has all the requisite power and authority to execute, deliver and perform its obligations
under these presents and to comply with the terms and conditions contained herein;
4.3. These presents have been validly executed and delivered and constitute a legal, valid and
4
binding obligation of such Party.
5. TERM AND TERMINATION:
5.1 The MOU shall be effective from the date of the execution of this MoU and shall remain valid
and in force unless terminated under this clause.
5.2 Either of the Party to the MOU may, by notice in writing of 30 days served on the other Party of
its intention to terminate the MOU, may terminate the MOU without assigning any reason and
without incurring any liability.
5.3 SC &DLR has the right to terminate this MoU for non-payment of charges while reserving the
right to collect the charges due.
5.4 The expiry or termination of this MOU shall be without prejudice to the accrued rights and
obligations of the Parties and all such accrued rights and obligations shall remain in full force and
effect and be enforceable not withstanding such expiry or termination.
6. NOTICES:
6.1. All notices, approvals, instructions, demand and other communication given or made under this
MOU shall be in writing and may, be given by facsimile, electronic mail, personal delivery or by
sending the same by pre-paid registered mail addressed to the relevant Party at its address or
email set out below (or such other address or email as the addressee has). At least by 5 (Five)
calendar days’ prior written notice should be given. Five days will be counted from the date of
delivery. Notice by e-mail should be followed by a copy of written notice.
1. Settlement Commissioner and Director of Land Records, Maharashtra State, Pune
Third Floor, New Administrative Building,
Opposite Vidhan Bhavan, Camp, Pune 411001
Email: dlrmah.mah@nic.in
2. Bank:
Attn.:
Address:
Email:
5
7. GOVERNING LAW AND JURISDICTION:
This MOU shall be governed by, and construed in accordance with, the laws of India. The
Parties agree that if the process of the courts is required to be invoked for enforcement of
provisions of this MOU, including for seeking of any interim relief prior, during or after
invocation of this Clause, then the competent courts in Pune shall have exclusive jurisdiction
to adjudicate any dispute or difference by and between the Parties.
8. RELATIONSHIP OF PARTIES:
This MOU is being entered into on a principal to principal basis and nothing contained in this
MOU shall be deemed to create any partnership, agency, employment and/ or joint venture
of/ with the other Party or the representatives of the other Party. Both Parties agree that it
will not represent that it is an agent of the other Party nor hold itself out as such.
9. COUNTERPARTS:
This MOU may be executed simultaneously in any number of counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the same
instrument.
10. AMENDMENTS:
All amendments or supplements to the terms of this MOU can be made only in writing duly
approved and signed by each Party.
Annexure-1*
(Schedule of Charges to be paid)
S.No. Document Name Charges per copy (Rs.)
1. Village Form No.7/12 15
2. Village Form No. 8A 15
3. Village Form No. 6 15
4. Property card Charges as applicable for Public use.
5. Any other online service such as
scanned Mutations
Charges as applicable for Public use.
*Charges mentioned in Annexure-1 can be modified by SC & DLR as per direction of Revenue
6
Department of the State.
IN WITNESS WHEREOF the Parties hereto have caused these presents to be executed the day and
year first hereinabove written in the manner hereinafter appearing.
SIGNED AND DELIVERED by the within named)
1. Settlement Commissioner & Director Land Records
(by the hand of Mr. ___________________ )
SIGNED AND DELIVERED by the within named
2.
Being the Bank above named
( by the hand of Mr. ______________________ )
Authorized representative of the Bank)
Witnesses:
1. Name:
Address:
2. Name:
Address:
Comments