Updated: Sunday January 12, 2014/AlAhad
Rabi' Awwal 11, 1435/Ravivara
Pausa 22, 1935, at 03:33:33 PM
The Sindh Non-Agriculturists Loans Act, 1928
[*[For Statement of Objects and Reasons, see B.G.G.,
1928, Pt. V, p. 7 ; and for Proceedings in Council, see Bombay Legislative
Council Debates, 1928, Vol. XXII.]
[30th March, 1928]
An Act to provide for the grant of loans by Government
to non-agriculturists for the relief of distress or other calamities and for
the recovery of such loans
WHEREAS it is expedient to provide for the grant of
loans by Government to non-agriculturists for the relief of distress by floods
or other calamities and for the recovery of such loans in manner hereinafter
appearing:---
And whereas the previous sanction of the
Governor-General required by sub-section (3) of section 80A and the previous
sanction of the Governor required by section 80C of the Government of India Act
have been obtained for the passing of this Act ; It is hereby 61. enacted as
follows, 5 & 6 Geo. V. c. 61:---
1. Short title
This Act may be called " the *[
*[Subs. by the Sind Laws (Adaptation, Revision, Repeal
and Declaration) Ordinance, 1955 (Sind 5 of 1955), s. 3 (i) (w. e. f. 30th May
1951), for "
2. Extent.
Section I and this section extend to the whole of the *[
*[Subs. by W.P.A.O. 1964, Art. 2 Sch., Pt. IV (c), for
"the
**[Sections 3 to 6 have been extended to the Province
of Sind, vide G. N., R. D., No. R-722-F dated 31st March, 1941, see S. G. G.,
1941, Ft. I, p. 988. ]
***[Subs. by the A. O., 1937, for " L. G."]
****[Subs. ibid, for " B. G. G."]
*****[Subs. by the Sind Laws (Adaptation, Revision,
Repeal and Declaration) Ordinance, 1955 (Sind 5 of 1955), s. 3(ii) (e) (w. e.
f. 30th May 1951), for " Presidency ".]
3. Purpose for which loans may be granted. Subject to such rules as may be made under section 6,
loans may be granted under this Act for rebuilding or repairing houses or for
the relief of distress to any person to whom a loan of under the
Agriculturists' Loans Act, 1884, cannot be granted, XII of 1884.
4. Loans already granted to be deemed to have been
granted under Act. All loans granted
after the 1st day of August 1927 to such persons as are "referred to in
section 3 for the' purpose mentioned therein' shall be deemed to be loans
granted cinder this Act.
5. Recovery of loans.--*[*]All loans granted or deemed to have been granted under
this Act, together with all interest (if any) chargeable thereon, and costs (if
any) incurred in making or recovering the same shall be recoverable at the
discretion of the Collector in any one or more of the following modes, namely:---
*[The figure and brackets "(I) " rep. by
Sind II, of 1928, s. 3, Sch. II. ]
(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 assets left by a deceased borrower or
surety or 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 a
defaulter's moveable or immoveable property other than the land on which that
revenue is due;
(d) if the loan is for the benefit of a house, out of
such house,-as if it were arrears of land revenue due in respect of the land on
which the house stands.
6. Power to make rules.--(I) The *[Provincial Government] may, from time to
time by notification in the **[Official Gazette], make rules*** to carry out
the purpose of this Act.
*[Subs. by the A. O., 1937, for " L. G."]
**[Subs. ibid, for "B. G. G."]
***[For Rules, see G. R., R. D., No. R/722/F., dated
12th February 1942.]
(2) In particular and without prejudice to the
generality of the foregoing power, such rules may be made for the following
matters namely:---
(a) the manner of making applications for loans;
(b) the officers by whom loans may be granted;
(c) the nature of the security, if any, to be taken
for the due application and repayment of the money, the rate of interest at which
and the conditions under which the loans may be granted and the manner and term
of granting loans; and
(d) the instalments by which and the mode in which loans shall be repaid.
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