MEMORANDUM OF UNDERSTANDING ( for WEB PORTAL)
MEMORANDUM OF UNDERSTANDING ( for WEB
PORTAL)
This Memorandum of
Understanding (“MOU”) is made and entered at Pune on this _____________ day of ____________, 2020 , by and between:
Settlement
Commissioner & Director Land Records (on the behalf of Department of Revenue,
Government of Maharashtra) having it’s office situated at 3rd 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/FI” 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/FI” and “SC&DLR” shall hereinafter collectively referred to as the
“Parties” and individually as a “Party”.
WHEREAS:
A.
The
“Bank/FI” 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 Kansan Credit cards (i. e. KCC / KGC) and
other lines of credits, Bank/FI, 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/FI from the servers of the SC & DLR.
E.
AND
WHEREAS, the SC & DLR has agreed to the said request of the Bank/FI 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:
1.1.
SC
& DLR will offer the web Portal to download the Record of Rights to the
Bank/Financial Institution to verify the revenue details of the properties to
be verified for under writing and disbursement of Agriculture/Industrial/Housing
loans by the Bank / Institution. The Department has agreed to offer the web
portal to download the RoR by the bank/Institution to access and download the
revenue details of Properties to be verified after the consent of the property
holder as per records available with the Department in its system/servers in
respect of the Farmers/ Agriculturists any land holder who are desirous of
availing Loans from the Bank for time being till server connectivity is not
established.
1.2.
Bank/
Financial Institution to develop a Utility through which the Bank / Financial
Institution will connect to the Servers of the Department to access the revenue
details of the land holders, it may take some time till then Web Portal may be
provided. SC & DLR will create and share User ID and Password for the
Bank/FI (Organisation) which will be changed by Bank/FI after first login .User
IDs and Passwords for other users can be created by Nodal Officer. It is agreed
by and between the Parties that, Bank / FI Institution will be solely
responsible to use the User ID and Password shared by SC & DLR by
authorised users only.
1.3.
Bank/FI 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 where digitally signed RoR is not available, the Bank /
FI is free to ask for physically signed RoR from the competent authority.
1.4.
Bank/FI 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/FI 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
here to 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:
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.
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 binding obligation of such Party.
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
2. Bank/FI :
Attn.:
Address:
Email:
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.
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
Department of the State.
IN
WITNESS WHEREOF the Parties hereto have caused these presents to be executed
the day and year first herein above written in the manner herein after
appearing.
SIGNED
AND DELIVERED by the within named)
1.
Settlement
Commissioner & Director Land Records. M.S. Pune
(by the hand of Mr. ___________________ )
SIGNED AND DELIVERED by the within named
2.
----------------------------------
( Being the Bank /FI above named )
(by the hand of Mr. ______________________ )
Authorized
representative of the Bank /FI )
Witnesses:
1.
Name:
Address:
2.
Name:
Address:
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