Updated: Saturday March 05, 2011/AsSabt
Rabi' Awwal 30, 1432/Sanivara
Phalguna 14, 1932, at 09:11:10 PM
The Land Improvement Loans’
Act, 1883
(Act
XIX of 1883)
C O N T E N T S
Sections
1. Short title.
Local extent, commencement.
2. Acts XXVI of 1871 and XXI of 1876
repealed.
3. “Collector” defined.
4. Purposes for which loans may be granted
under this Act.
5. Mode of dealing with applications for
loans.
6. Period for repayment of loans.
7. Recovery of loans.
8. Order granting loan conclusive on
certain points.
9. Liability of joint borrowers as among
themselves.
10. Power to make rules.
11. Exemption of improvements from
assessment to land-revenue.
12. Certain powers of Provincial Government
to be exercisable by Board of Revenue or Financial Commissioner.
[1][1]The Land Improvement Loans’ Act, 1883
(Act XIX of 1883)
[
An Act to consolidate and amend the law
relating to loans of money by the Government for agricultural improvements.
WHEREAS it is expedient to consolidate and amend the law
relating to loans of money by the Government for agricultural improvements;
It
is hereby enacted as follows:-
1. Short title.— (1) This Act may be called the Land
Improvement Loans Act, 1883.
Local extent, commencement.— (2) It
extends to [2][2][the whole of Pakistan], but shall not come
into force in any [3][3][part thereof] until such date as the [4][4][Provincial Government] [5][5][* * *] may, by notification in the [6][6][Official Gazette], appoint in this behalf.
2. Acts XXVI of 1871 and XXI of 1876
repealed.— (1) The Land
Improvement Act, 1871, and Act XXI of 1874 (An Act to amend the Land
Improvement Act, 1871), shall, except as regards the recovery of advances made
before this Act comes into force and costs incurred by the Government in
respect of such advances, be repealed.
(2) When in any Act, Regulation or Notification
passed or issued before this Act comes into force, reference is made to either
of those Acts, reference shall, so far as may be practicable, be read as
applying to this Act or the corresponding part of this Act.
3. “Collector”
defined.—
In this Act, “Collector” means the Collector of land-revenue of a district, or
the Deputy Commissioner, or any officer empowered by the [7][7][Provincial Government] by name or by virtue of his
office to discharge the functions of a Collector under this Act.
4. Purposes for which loans may be granted
under this Act.— (1) Subject
to such rules as may be made under section 10, loans may be granted under this
Act, by such officer as may, from time to time, be empowered in this behalf by
the [8][8][Provincial Government], for the purpose of
making any improvement, to any person having a right to make that improvement,
or, with the consent of that person, to any other person.
(2) “Improvement” means any work which adds
to the letting value of land, and includes the following, namely:-
(a) the
construction of wells, tanks and other works for the storage, supply or
distribution of water for the purposes of agriculture, or for the use of men
and cattle employed in agriculture;
(b) the
preparation of land for irrigation;
(c) the
drainage, reclamation from rivers or other waters, or protection from floods or
from erosion or other damage by water, of land used for agricultural purposes
or waste-land which is culturable;
(d) the
reclamation, clearance, enclosure or permanent improvement of land for
agricultural purposes;
(e) the
renewal or reconstruction of any of the foregoing works, or alterations therein
or additions thereto; and
(f) such
other works as the [9][9][Board of Revenue] [10][10][* * *] may, from time to time, by
notification in the [11][11][Official Gazette], declare to be
improvements for the purposes of this Act.
5. Mode of dealing with applications for
loans.— (1) When an
application for a loan is made under this Act, the officer to whom the
application is made may, if it is, in his opinion, expedient that public notice
be given of the application, publish a notice, in such manner as the [12][12][Provincial Government] may, from time to
time, direct, calling upon all persons objecting to the loan to appear before
him at a time and place fixed therein and submit their objections.
(2) The
officer shall consider every objection submitted under sub-section (1), and
make an order in writing either admitting or overruling it:
Provided
that, when the question raised by an objection is, in the opinion of the
officer, one of such a nature that it cannot be satisfactorily decided except
by a
6. Period for repayment of loans.— (1) Every loan granted under this Act shall
be made repayable by installments (in the form of an annuity or otherwise),
within such period from the date of the actual advance of the loan, or, when
the loan is advanced in installments, [13][13][from the date of the advance of the last
installment actually paid] as may, from time to time, be fixed by the rules
made under this Act.
(2) The period fixed as aforesaid shall not
ordinarily exceed thirty-five years.
(3) The [14][14][Provincial Government] [15][15][* * *] in making [16][16][* * *] the rules fixing the period, shall,
in considering whether the period should extend to thirty-five years, or
whether it should extend beyond thirty-five years, have regard to the
durability of the work for the purpose of which the loan is granted, and to the
expediency of the cost of the work being paid by the generation of persons who
will immediately benefit by the work.
7. Recovery of loans.— (1) Subject to such rules as may be made
under section 10, all loans granted under this Act, all interest (if any)
chargeable thereon, and costs (if any) incurred in making the same, shall, when
they become due, be recoverable by the Collector in all or any of the following
modes, namely:-
(a) from
the borrower— as if they were arrears of land-revenue due by him;
(b) from
his surety (if any)— as if they were arrears of land-revenue due by him;
(c) out
of the land for the benefit of which the loan has been granted— as if they were
arrears of land-revenue due in respect of that land;
(d) out
of the property comprised in the collateral security (if any)— according to the
procedure for the realization of land-revenue by the sale of immovable property
other than the land on which that revenue is due:
Provided
that no proceeding in respect of any land under clause (c) shall affect any
interest in that land which existed before the date of the order granting the
loan, other than the interest of the borrower, and of mortgagees of, or persons
having charges on, that interest, and, where the loan is granted under section
4 with the consent of another person, the interest of that person, and of
mortgagees of, or persons having charges on, that interest.
(2) When any sum due on account of any such
loan, interest or costs is paid to the Collector by a surety or an owner of
property comprised in any collateral security, or is recovered under
sub-section (1) by the Collector from a surety or out of any such property, the
Collector shall, on the application of the surety or the owner of that property
(as the case may be), recover that sum on his behalf from the borrower, or out
of the land for the benefit of which the loan has been granted, in manner
provided by sub-section (1).
(3) It shall be in the discretion of a
Collector acting under this section to determine the order in which he will
resort to the various modes of recovery permitted by it.
8. Order granting loan conclusive on
certain points.— A written
order under the hand of an officer empowered to make loans under this Act
granting a loan to, or with the consent of, a person mentioned therein, for the
purpose of carrying out a work described therein, for the benefit of land
specified therein, shall, for the purposes of this Act, be conclusive evidence—
(a) that
the work described is an improvement within the meaning of this Act;
(b) that
the person mentioned had at the date of the order a right to make such an
improvement; and
(c) that
the improvement is one benefiting the land specified.
9. 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 on
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 by each of
them 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.
10. Power to make rules.— The [17][17][Provincial Government] [18][18][* * *] may, from time to time, by
notification in the [19][19][Official Gazette], make rules consistent
with this Act to provide for the following matters, namely:-
(a) the
manner of making applications for loans;
(b) the
officers by whom loans may be granted;
(c) the
manner of conducting inquiries relative to applications for loans, and the
powers to be exercised by officers conducting those inquiries;
(d) the
nature of the security to be taken for the due application and repayment of the
money, the rate of interest at which, and the conditions under which, loans may
be granted, and the manner and time of granting loans;
(e) the
inspection of works for which loans have been granted;
(f) the
installments by which, and the mode in which, loans, the interest to be charged
on them and the costs incurred in the making thereof, shall be paid;
(g) the
manner of keeping and auditing the accounts of the expenditure of loans and of
the payments made in respect of the same; and
(h) all
other matters pertaining to the working of the Act.
11. Exemption of improvements from assessment
to land-revenue.— When land
is improved with the aid of a loan granted under this Act, the increase in
value derived from the improvement shall not be taken into account in revising
the assessment of land-revenue on the land:
Provided
as follows:-
(1) where
the improvement consists of the reclamation of waste-land, or of the irrigation
of land assessed at unirrigated rates, the increase may be so taken into
account after the expiration of such period as may be fixed by rules to be
framed by the [20][20][Provincial Government] [21][21][* * *];
(2) nothing in this section shall entitle any person to call in
question any assessment of land-revenue otherwise than as it might have been
called in question if this Act had not been passed.
[22][22][12. Certain powers of Provincial
Government to be exercisable by Board of Revenue or Financial Commissioner.— The powers conferred on a [23][23][Provincial Government] by sections 4(1),
5(1) and 10 may, in a province for which there is a Board of Revenue or a
Financial Commissioner, be exercised in the like manner and subject to the like
conditions by such Board or Financial Commissioner, as the case may be:
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