Updated: Sunday May 12, 2013/AlAhad
Rajab 03, 1434/Ravivara
Vaisakha 22, 1935, at 09:04:48 PM
The Agriculturists’ Loans Act,
1884
ACT No. XII of 1884
(For Statement of Objects and
Reasons, see Gazette of India, 1884, Pt. V, p. 2; for Proceedings in Council,
see ibid., Supplement, pp. 41, 165 and 1130.
This Act has been
extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order,
1950 (G. G. O. 3 of 1950); and applied in the Federated Areas of Baluchistan,
see Gazette of India, 1937, Pt. I, p. 1499.
This Act has been amended in its
application to the
This Act has been applied to
Phulera in the Excluded Area of Upper Tanawal to the extent the Act is
applicable in the N.-W.F.P., subject to certain modifications; and also
extended to the Excluded Area of Upper Tanawal (N.-W.F.P.) other than Phulera
with effect from such date and subject to such modifications as may be
notified-see N.-W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950 It
has been amended in its application to Sind Province, see Sind Act 10 of 1941.
This Act has been repealed in its
application to the
[24th July, 1884]
An Act to amend and provide for
the extension of the
Preamble WHEREAS it is expedient to amend
the Northern India Takkavi Act, 1879, and provide for its extension to (Subs.
by A. O., 1949, Sch., for "any part of British India")[any
province]; It is hereby enacted as follows X of 1879:---
1. Short title.-(1) This Act may be called the
Agriculturists' Loans Act, 1884; and
(2) Commencement. It shall come into force on the first day of August,
1884.
2. Local extent. (S. 2 declared in force in
Baluchistan by Baluchistan Reg. II of 1913, s. 3)-(1) This section and
section 3 extend to (Subs. by the Central Laws (Statute Reform)
Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th
October, 1955), for "all the Provinces and the Capital of the
Federation" which had been subs. by A. O.,1949, Arts. 3(2) and 4, for
"the whole of British India".) [the whole of
(The original sub-section (2) has
successively been amended by A. O., 1949, Sch., the Federal Laws (Revision and
Declaration) Act, 1951 (26 of 1951), Ord. 21 of 1960, s. 3 and 2nd Sch. (with
effect from the 14th October, 1955), the Repealing and Amending Ordinance, 1961
(1 of 1961), s. 3, and 2nd Sch., and A. O., 1964, Art. 2 and Sch., to read as
above.) [(2) The rest of this Act extends in the first instance to Sind,
the Karachi Division, the
(3) But (The
original words "any other L. G." have successively been amended by A.
O., 1937, A. O., 1949, Sch. A. O., 1961, Art. 2 (with effect from the 23rd
March, 1956) and the Repealing and Amending Ordinance, 1961 (1 of 1961), s. 3
and 2nd Sch., to read as above)[the Provincial Government] may, from
time to time, by notification in the official Gazette, extend(This Act
has by notification been extended to the lower Province of Bengal, see Calcutta
Gazette, 1885, Pt. I, p. 555.) The rest of this Act to (The original
words "the whole or any part of the territories under its
administration" were first subs. by A. O., 1949, Sch., and then amended by
Ord. I of 1961, s. 3 and 2nd Sch) [the remainder or any other part of
the Province]
3. [Repeal of Act X of 1879, and
sections 4 and S of Act XV of 1880.] Rep. by the Repealing Act, 1938 (1 of
1938), s. 2 and Schedule
4 Power for
Provincial Government to make rules. (Sections 4 and 5 have been amended in their
application to the Province of Sind, see Sind Act 10 of 1941, ss. 2 and 3 ; and
sub-section (1) of section 4, has been amended in its application to the
Punjab, by Punjab Act 10 of 1951, s. 2.)-(1) The (Subs. by A. O.,
1937, for "L. G. ".) [Provincial Government] (Ins. by
the Decentralization Act, 1914 (4 of 1914), s. 2 and Sch., Pt I) [or, in
a province for which there is a Board of Revenue or Financial Commissioner,
such Board or Financial Commissioner, subject to the control of the (Subs.
by A. O., 1937, for "L. G. ".) [Provincial Government]] may,
from time to time, (The words "subject to the control of the G. G.
in C." rep., ibid.)* * * make rules(For rules under this
power, see different local Rules and Orders.) 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 XIX of 1883.
(2) All such rules
shall be published in the (Subs. by A. O., 1937, for "local
official Gazette".) [official Gazette].
5. Recovery of
loans. (Sections
4 and 5 have been amended in their application to the Province of Sind, see
Sind Act 10 of 1941, ss. 2 and 3 ; and sub-section (1) of section 4, has been
amended in its application to the Punjab, by Punjab Act 10 of 1951, s. 2.)
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 was 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.
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 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, marked, or sealed by each of them or his agent duly authorised 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.
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