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AGRICULTURISTS' LOANS ACT

Ministry of Law and Justice

Act nº 12 of 1884


  • Act nº 12 of 1884

Preamble

THE AGRICULTURISTS' LOANS ACT, 1884

[Act No.12 of 1884]

[24th July, 1884]

PREAMBLE

An Act to amend and provide for the extension of the Northern India Takkavi Act, 1879.

WHEREAS it is expedient to amend the Northern India Takkavi Act, 1879, and provide for its extension to {Subs.by the A.O.1948, for "any part of British India".} [other {Subs.by the A.O.1950, for provinces of India ".} [Part A States or Part C States] ]; It is hereby enacted as follows:--

Section 1. Short title

(1) This Act may be called the Agriculturists' Loans Act, 1884; and

(2) It shall come into force on the first day of August, 1884.(Commencement.)

Section 2. Local extent

(1) This section and section 3 extend to the whole of India except Part BStates.

(2) The rest of this Act extends in the first instance only to {Substituted by the A.O.1948, for original words.} [Bombay, Uttar Pradesh, Punjab, the Central, Provinces, Assam, Delhi and Ajmer-Merwara.]

(3) But any State Government may, from time to time, by notification in the Official Gazette, extend the rest of this Act to the whole or any part of the territories under its administration.

Section 3. [Reapled]

[Repeal of Act X of 1879, and sections 4 and 5 of Act XV of 1880.] Repealed by the Repealing Act, 1938 (1 of 1938), section.2 and Schedule.

Section 4. Power for State Government to make rules

(1) State Government {Ins. by the Act 4 of 1914, s. 2 and Sch. Pt. I. } [or, in a State for which there is a Board of Revenue or Financial Commissioner, such Board or Financial Commissioner, Subject to the control of the State Government] may, from time to time, {The words "subject to the control of the G. G. in C. " rep. ibid. } make rules as to loans to be made to owners and occupiers of arable land, for the relief of distress, the purchase of seed or cattle, or any other purpose not specified in. the Land Improvement Loans Act, 1883, but connected with agricultural objects.

(2) All such rules shall be published in the Official Gazette.

1(3) Every rule made by the State Government or a Board of Revenue or a Financial Commissioner under this Act shall be laid, as soon as may be after it is made, before the State Legislature

1. Inserted vide The Delegated Legislation Provisions (Amendment) Act, 2004


Section 5. Recovery of loans

Every loan made in accordance with such rules, all interest (If any) chargeable thereon, and costs (if any) incurred in making or recovering the same, shall, when they become due, be recoverable from the person to whom the loan and made, or from any person who has become surety for the repayment thereof, as if they were arrears of land-revenue or costs incurred in recovering the same due by the person to whom the loan was made or by his surety.

Section 6. Liability of joint-borrowers as among themselves

When a loan is made under this Act, to the members of a village community or to any other persons such terms that all of them are jointly and severally bound to the Government for the payment of the whole amount payable in respect thereof, and a statement showing the portion of that amount which as among themselves each is bound to contribute is entered upon the order granting the loan and is signed, marked, or sealed by each of them or his agent duly authorized in this behalf and by the officer making the order, that statement shall be conclusive evidence of the portion of that amount which as among themselves each of those persons is bound to contribute.