KARNATAKA LAND IMPROVEMENT LOANS ACT, 1963
16 of 1963
STATEMENT OF OBJECTS AND REASONS KARNATAKA ACT No. 16 OF 1963 Karnataka Gazette, dated 2-3-1961 At present different laws are in force in the different areas of the State relating to the grant of loans by Government for improvement of agricultural land. It is considered necessary to have an uniform law on the subject applicable to the whole of the new State of Karnataka. Hence this Bill. In addition to the provisions found in the existing law, provision has been made in the Bill prohibiting the utilisation of loan for a purpose other than that for which it is granted. The furnishing of any untrue information in any application for grant of loan and the utilisation of the loans for any purpose other than that for which it is granted has also been made punishable.
An Act to provide for the grant of loans by the Government for agricultural improvements. Whereas, it is expedient to provide for the grant of loans by the Government for agricultural improvements; Be it enacted by the Karnataka State Legislature in the Fourteenth Year of the Republic of India as follows.
Section1 Short title, extent and commencement
(1) This Act may be called the Karnataka Land Improvement Loans Act, 1963.
(2) It extends to the whole of the State of Karnataka.
(3) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint.
Section2 Definitions
In this Act, unless the context otherwise requires.
(a) "Deputy Commissioner" means such officer as the State Government may by notification appoint to perform the functions of a Deputy Commissioner under this Act in such area as may be specified in the notification, and if no such officer is appointed, the Deputy Commissioner of the district;
(b) "Improvement" means any work which adds to the letting value of land, and includes the following, namely.
(i) 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;
(ii) the preparation of land for irrigation;
(iii) 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 wasteland which is cultivable;
(iv) the reclamation, clearance, enclosure or permanent improvement of land for agricultural purposes;
(v) the renewal or reconstruction of any of the foregoing works, or alterations therein or additions thereto; and
(vi) such other works as the State Government may, from time to time, by notification in the Official Gazette, declare to be improvements for the purposes of this Act;
(c) "Prescribed" means prescribed by rules under this Act.
Section3 Purpose for which loans may be granted under this Act
Subject to such rules as may be prescribed, loans may be granted under this Act, by the prescribed officer for the purpose of making any improvement, to any person having a right to make that improvement.
Section4 Application for grant of loans
Every application for grant of loan under this Act shall be in writing and shall contain true information regarding the particulars to be furnished in such application.
Section5 Prohibition of utilisation of loan for purposes other than that for which it is granted
No person who has been granted a loan under this Act shall utilise the amount for a purpose other than that for which it was granted.
Section6 Period for repayment of loans
Every loan granted under this Act shall be repayable in instalments (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 instalments, from the date of the advance of the last instalment actually paid as may be prescribed and such period shall not exceed twenty-five years.
Section7 Recovery of loans
The loan granted under this Act, together with interest payable thereon, and costs, if any, incurred in granting or recovering the same shall be recoverable at the discretion of the Deputy Commissioner in any one or more 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 assests 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 realisation of land revenue by the sale of the defaulter's 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.
Section8 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 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.
Section9 Liability of joint borrowers as among themselves
When a loan is granted 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 State 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 among themselves each of those persons is bound to contribute.
Section10 Power to make rules
(1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for.
(a) the manner of making applications for loans;
(b) the officers by whom loans may be granted;
(c) the manner of conducting inquiries in respect of applications for loans, and the powers exercisable by officers conducting such inquires;
(d) the nature of the security to be taken for the due application and repayment of the loan;
(e) the rate of interest at which, and the conditions under which, loans may be granted, and the manner and time of granting of loans;
(f) the inspection of works for which loans have been granted;
(g) the instalments by which, and the mode in which, loans, the interest to be charged on them, and the costs incurred in the granting thereof, shall be paid;
(h) the manner of keeping and auditing the accounts in respect of loans granted and recovered.
(3) Every rule made under this section shall be laid as soon as may be after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Section11 Penalty
Whoever knowingly furnishes any untrue information in any application under Section 4 or contravenes the provisions of Section 5, shall, on conviction, be punished with fine which may extend to one hundred rupees.
Section12 Repeal and savings
The Land Improvement Loans Act, 1883 (Central Act XIX of 1883), as in force in the Bombay Area, the Madras Area and Coorg District, the Karnataka Land Improvement Loans Act, 1890 (Mysore Act IV of 1890), as in force in the Mysore Area, and the Hyderabad Land Improvement Loans Act, 1950 (Hyderabad Act III of 1950), as in force in the Hyderabad Area, are hereby repealed:
Provided mat the provisions of Section 6 of the Mysore General Clauses Act, 1899 (Mysore Act III of 1899), shall be applicable in respect of the repeal of the said enactments and Sections 8 and 24 of the said Act shall be applicable as if the said enactments had been repealed and re-enacted by this Act.
RULE:
KARNATAKA LAND IMPROVEMENT LOANS RULES, 1966
In exercise of the powers conferred by Section 10 of the Karnataka Land Improvement Loans Act, 1963 (Karnataka Act 16 of 1963) and in supersession of all existing rules on the subject, the Government of Karnataka hereby makes the following rules, the same having been previously published in Part IV, Section 2-C(i) of the Karnataka Gazette, dated the 6th May, 1965, namely.
Rule1 Title
These rules may be called the Karnataka Land Improvement Loans Rules, 1966.
Rule2 Definitions
In these rules, unless the context otherwise requires.
(a) "Act" means the Karnataka Land Improvement Loans Act, 1963;
(b) "Section" means a section of the Act;
(c) "Form" means a form appended to these rules.
Rule3 Purposes for which loans may be granted
Loans may be granted for any purpose which is a land improvement work within the meaning of clause (b) of Section 2.
Rule4 Manner of making applications for loans
(1) Every applications for a loan under these rules shall be in Form I and shall be made to the Tahsildar of the Taluk or to such other officer as may be specified by Government by a notification for any Taluk or part of a Taluk.
(2) When the security offered for the loan is land, extracts from the Record of Rights relating thereto shall be attached to the application: 22. Proviso added by GSR 322, dated 24-8-1968, w.e.f. 19-9-1968 [Provided that in any area where Record of Rights has not been prepared, extracts from the relevant revenue record or register relating to the land shall be attached to the application.]
(3) When the improvement work to be undertaken involves professional skill, the applicant shall annex to the application an accurate plan, specification and estimate for the said work. In case the applicant is unable to comply with this requirement, the officer concerned may get it done on
(4) On receipt of the application for a loan under the Act in the Taluk Office or in the office of such other officer as may be specified by Government by a notification for any Taluk or part of a Taluk as the case may be, a receipt shall forthwith be given to the applicant, and without any delay, the particulars of the application shall be entered in the inward register of the office and in the register of applications for loan under the Act in Form II.
Rule5 Officers empowered to make enquiries
All Revenue Officers not below the rank of a Revenue Inspector of Circle and such other officer or officers as may be specified by Government by a notification for any Taluk or part of a Taluk are empowered to make an enquiry for the purpose of verifying the correctness of the particulars in the application for a loan.
Rule6 Manner of conducting enquiries
(1) A local enquiry in respect of the particulars contained in the application for a loan shall be held after causing a notice containing the particulars of the application and inviting objections within such period as may be specified in the notice, to be affixed in the village or chavadi, where the land to be improved is situated. Any objections received within a stipulated period shall be heard by the authority competent to grant the loan or such other subordinate officer as may be authorised by such competent authority by a general or special order.
11. Sub-rule (1-A) inserted by GSR 322, dated 24-8-1968, w.e.f. 19-9-1968 [(1-A) Every local enquiry under sub-rule (1) shall be held as expeditiously as possible and endeavour shall be made to conclude such enquiry within thirty days from the date on which the application is made.]
22. Sub-rule (2) substituted by GSR 57, dated 23-2-1973, w.e.f. 5-4-1973 [(2) The land to be improved shall ordinarily be inspected by the authority competent to grant the loan and where such an inspection is not possible on administrative or other grounds, an on-the-spot inspection report of the land to be improved may be obtained from an officer not below the rank of a (i) Deputy Tahsildar or Taluk Sheristedar if the amount of loan applied for does not exceed one thousand rupees, and (ii) Special Tahsildar, if the amount of loan applied for exceeds one thousand rupees.]
(3) Every enquiry shall be made to ascertain the particulars to complete Form III and after such enquiry the authority shall either sanction the loan, if it is within its competence, or forward through proper channel the application with its report to the higher authority competent to sanction the loan either recommending the grant or rejection of the loan in full or in part;
(4) Unless the officer competent to grant the loan is satisfied of the sufficiency of the security with a margin for safety, the loan shall be refused.
Rule7 Powers exercisable by officers conducting enquiries
Officers conducting enquiries shall be competent to exercise the powers conferred on a Revenue Officer by the Karnataka Land Revenue Act, 1964 and the rules made thereunder for purposes of conducting inquiries under the said Act.
Rule8 Officers competent to grant loans
(1) The officers specified in column (1) of the following Table may grant loans not exceeding the amounts specified in the corresponding entry of column (2) thereof, namely.
TABLE
Tahsildar or Special Tahsildar of a Taluk, or any other Officer specified by Government by a
notification for any Taluk or part of a Taluk.
One thousand rupees,
Assistant Commissioner of a Revenue Sub-Division.
Two thousand and five hundred rupees.
Deputy Commissioner or Special Deputy
Commissioner of a District.
Five thousand rupees.
Divisional Commissioner of a Division.
Ten thousand rupees.
(2) Loans exceeding ten thousand rupees may be granted by the Divisional Commissioner with the previous sanction of the State Government.
(3) Nothing in sub-rule (1) shall be deemed to preclude the grant of more than one loan to the same person exceeding the maximum amount upto which any officer may grant a loan, provided that the purpose for which each such loan is granted is different, the amount granted does not exceed the maximum amount specified and such loan is secured by a different security.
Rule9 Nature of security to be taken for the due application and repayment of the loan
(1) The land to be improved including the site of the work to be constructed shall be taken as security.
(2)
(a) If the value of the interest of the applicant in the land to be improved and offered as security for the loan is not less than eighty per cent of the value of the land subject to the provisions of the Tenancy Acts for the time being in force and will cover the amount of the loan to be granted with interest payable thereon and the cost, if any, likely to be incurred in making the grant, the loan applied for may be granted on the security of such land;
(b) If the value of the land does not satisfy the requirements of clause
(a).- (i) Collateral security consisting of.
(A) other land belonging to the applicant; or
(B) land belonging to other persons who are offered as sureties; or
(C) both the lands referred to in items (A) and (B) shall be taken, provided that the total value of the land of the applicant and of the lands or land offered as collateral security is sufficient to cover to the loan with a margin for safety; or
(ii) Collateral security consisting personal security of one or more persons whose solvency is, taking into consideration all relevant factors, sufficient to cover the loan with interest with a margin for safety, provided that where more than one person offer personal security, all of them shall bind themselves to repay the loan jointly and severally;
(3) A second, third or fourth loan may be granted to the same person on the security of the same land, on which a loan has already been granted, provided that the total amount outstanding at any time does not exceed the maximum loan admissible on the security of the land offered by the applicant; provided that a subsequent loan shall not be granted to a contumacious defaulter or a person from whom instalments in respect of earlier loans are overdue.
Rule10 Condition under which loans may be granted
[x x x x x.]11. Rule 10 omitted by GSR 322, dated 24-8-1968, w.e.f. 19-9-1968
Rule11 Conditions to be satisfied before granting loans
(1) No loan shall be granted under these rules, except after an enquiry is made, a spot inspection of the land to be improved is made and adequate security to cover the loan with interest and costs, if any, is taken. A reference in Form IV shall be made to the Registration Department for an encumbrance certificate in respect of the land or lands offered as security, and no loan shall be granted until a reply to the reference is received, and the officer granting the loan is satisfied about the value of the land or lands offered as security.
(2) (a) When the improvement work to be undertaken involves professional skill and its estimated cost exceeds two thousand rupees, the opinion as to the feasibility, probable cost, and merits generally from a professional point of view shall be obtained from the Departments specified below. In any other case, the officer dealing with the application may call for similar professional opinion if considered necessary.
Purpose of the loan
Departments to be consulted.
(i)
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;
Department of Public Works.
(ii)
the preparation of land for irrigation; Purpose of the loan
Department of Agriculture.
Departments to be consulted.
(iii)
The drainage, reclamation from rivers or other waters, or protection from floods or from erosion or other damage by water, or land used for agricultural purposes or waste land which is cultivable;
Department of Public Works.
(iv)
The reclamation, clearance enclosure or permanent improvement of land for agricultural purpose;
Department of Agriculture.
(v)
The renewal or reconstruction of any of the foregoing works or alterations therein or additions thereto;
Department of Public Works or Department of Agriculture, as the case may be.
(b) In the case of an application for loan for construction of or reconstruction of irrigation well, or alterations therein or additions thereto, the Department of Public Works shall be consulted when the cost exceeds three thousand rupees after the estimates are checked by the Sub-Overseer attached to the Taluk Office with reference to the sanctioned scheme of rates likely nature of the sub-soil and probable depth;
(c) If the Department of Agriculture or the Department of Public Works does not furnish its opinion within a period of two months of the receipt of the reference, the concurrence of the Department may be presumed and further action taken to sanction or refuse the loan.
(3) After the local enquiry and such further investigation as is prescribed in the foregoing rules, and after obtaining adequate security, the officer competent to grant the loan is satisfied that the loan either in full or in part may be granted, he shall record a decision to the effect and shall at once issue an order granting the loan in Form V. The contents of the order shall be explained to the applicant and his signature obtained in token of understanding and agreeing to the conditions contained therein.
(4) The bond to be taken when personal security or collateral security consisting of land or other immoveable property is offered by the borrower or his sureties shall be in such form or forms as the State Government may by order from time to time direct.
(5) The loan sanctioned may be disbursed either in one or more instalments as may seem fit to the sanctioning authority, on production of the security bond duly executed. Large loans shall be paid in two or more instalments. The sanctioning authority shall use his discretion having regard to the opportune time for starting the improvement work and actually disburse the sanctioned loan at such opportune time.
(6) The amount granted as a loan shall be utilised within a period of two years from the date of disbursement of the loan or the first installment thereof, provided that the sanctioning authority may extend the said period by one year in special cases of hardship where the borrower for reasons beyond his control cannot utilise the amount for the work within the said period of two years.
Rule11A Conditions under which loans may be granted. Loans under these rules may be granted subject to the following conditions, namely
11. Rule 11-A inserted by GSR 322, dated 24-8-1968, w.e.f. 19-9-1968
(a) the amount of loan shall be utilised only for the purposes for which it is granted;
(b) the amount of loan shall be utilised within the period allowed or extended by the officer granting the loan;
(c) any installment of the loan and previous loan, if any, shall be payable on such earlier date than the date fixed in that behalf or may be fixed in any year having regard to any exceptional agricultural conditions;
(d) any installment of the loan and previous loan may be increased to such amount not exceeding double the amount fixed while granting the loan, as may be determined in any year by the officer granting the loan having regard to any exceptional agricultural conditions in the year.]
Rule12 Rate of interest and recovery thereof
(1) Interest at eight and half per cent per annum shall be charged on loans granted under the Act. Penal interest at 22. Substituted for the words "ten per cent" by GSR 61, dated 16-2-1976, w.e.f. 26-2-1976 [twelve and a half per cent] ten per cent per annum shall be levied upon all over due instalments of interest or principal and interest: 33. Proviso added by GSR 172 and 206, dated 21-4-1970 [Provided that in respect of loans granted to Scheduled Castes and Scheduled Tribes, the sanctioning authority shall if satisfied that such loan i: las been properly utilised for the work for which it was granted give a set off for an amount equal to the difference between interest calculated at eight and a half per cent and three per cent.]
(2) Notwithstanding anything contained in sub-rule (1), the principle "Damdupat" shall be applied to the recovery of the loans under the Act and hese rules and it may be ensured.
(a) that the amount recovered as interest at one time does not exceed the principal;
(b) that in pending cases where the arrears of interest already accrued exceed the principal, the interest may be scaled down and a sum equal to double the principal may be recovered without any further interest over a period of three years, if the defaulter binds himself to pay the subsequent instalments regularly, and if within that period repayment is not made in instalments, penal interest shall be levied and steps taken to realise the out-standings.
Rule13 Period for repayment and mode of recovery of loan
(1)
(a) The authority sanctioning the loan, shall subject to the maximum period of twenty-five years specified in Section 6 fix the period or repayment of the loan together with the interest thereon [x x x x x] and the amount of installment, subject to the maximum limits specified below.
(1) If the loan does not exceed rupees one thousand
Eight years.
(2) If the loan exceeds one thousand rupees but does not exceed two thousand and five hundred rupees
Ten years.
(3) If the loan exceeds two thousand five hundred rupees but does not exceed five thousand rupees
Fifteen years.
(4) If the loan exceeds five thousand rupees but does not exceed ten thousand rupees
Twenty years.
(5) If the loan exceeds ten thousand rupees
Twenty-five years.
(b) The time limits for repayment specified in clause (a) shall count where the loan is disbursed in full at one time, from the date of disbursement of the loan or where the loan is disbursed in instalments, from the date of disbursement of the last installment, provided that where the loan is disbursed in instalments and the borrower does not take action to receive the last installment on the date appointed for the purpose or within a reasonable period from such date, the authority sanctioning the loan may declare the loan as closed and direct by order the repayment of the loan taken and when such a direction is made, the time limit shall be counted from the date on which the last installment had to be received by the borrower.
(c) The date of repayment of each installment on half-yearly or yearly basis shall be so fixed as to coincide with the date of one of the land revenue khists of the Taluk. 2[x x x x x]. Instalments paid before the due date shall be taken entirely towards principal, unless any interest for a preceding period is overdue.
(2) Whenever recovery of land revenue is suspended, the recovery of the loan may also be suspended to the same extent.
Rule14 Inspection of works for which loans have been granted
(1) All land improvement works for which loans have been disbursed shall be inspected by officers empowered to sanction the loans as far as possible or any other officer not below the rank of a Revenue Inspector by the approximate date about which the work is proposed to be commenced and thereafter till the completion thereof. If the loan is disbursed in instalments, the work shall be inspected and reported upon before each installment subsequent to the first is paid:
11. Proviso inserted by GSR 174, dated 3-5-1968, w.e.f. 23-5-1968 [Provided that in any area where Record of Rights has not been prepared, extracts from the relevant revenue record or register relating to the land shall be attached to the application.]
(2) If the borrower fails to carry out in the time prescribed the work or part of the work for which he has received the loan or an installment thereof, the officer granting the loan may extend the time prescribed on reasonable cause being shown for the failure to carry out the work in time. If the borrower fails to complete the work or part of the work within the period thus extended, prompt steps shall be taken to recover the loan in accordance with the provisions of Section 7.
Rule15 Accounts
The accounts for all loans under these rules shall be kept in Form VI and the accounting procedure laid down in the Karnataka Financial Code, 1958, shall be followed.
APPENDIX 1 Karnataka Land Improvement Loans Act, 1963
FORM [See Rule 4(1)]
FORM 1
[See Rule 4(1)]
Karnataka Land Improvement Loans Act, 1963
Form of Application
I. Name of the applicant and his full residential address. II. Amount and object of the loan (nature of the proposed land improvement). III. Name of the Village, Survey No. extent and assessment of the land to be improved with relevant extracts of Record of Rights. IV. Rights of the applicant in the land to be improved. V. Nature of security whether personal or otherwise. VI. Proposed time for repayment.
Place:
Date:
Signature of the applicant.
APPENDIX 2 Register of applications for loans under the Karnataka Land Improvement Loans Act, 1963
FORM [See Rule 4(4)]
FORM 2
[See Rule 4(4)]
Register of applications for loans under the Karnataka Land
Improvement Loans Act, 1963
TalukDistrict ofFor the revenue vear19... 19...
Serial No. Application Date of receipt of application in the Office If the application is received through other officers Name, father's name and residence of applicant Name of village in which loan is to be utilised Amount of loan required Purposes for which required Officers from whom received No.and date of Reference (1) (2) (3) (4) (5) (6) (7) (8)
References Name of officer who investigated and his opinion in brief Whether loan sanctioned or refused (if refused, brief reasons for Refusal). Number and date of disposal and name of Officer sanctioning or refusing the loan applied for Amount sanctioned, number and date of loan order Remarks To whom made Date of Reference Date of receipt of reply (9) (10) (11) (12) (13) (14) (15)
Index to Application Register under
Number Name of villages in alphabetical order Number of cases in the Application Register Total is each Village (1) (2) (3) (4)
This Register should be maintained by each of the officers competent to sanction the loan.
APPENDIX 3 Karnataka Land Improvement Loans Act, 1963
FORM [See Rule 5()]
FORM 3
[See
Rule 5()]
Karnataka Land Improvement Loans Act, 1963
Particulars to be filled in by the officer
conducting the local enquiry after verifying the details in the application.
(At whatever stage of the
enquiry it appears that the loan cannot be ranted, the enquiry officer should
stop and endorse the reason and cease filling up any more of the particulars).
1. Serial number of the applicant. 2. (a) Name and village of the applicant, (b) Amount of loan applied for. 3. (a) Village, Survey Number, description (Dry, Wet or Garden) extent, assessment of land to be improved, (b) Purpose for which loan is sought. 4. Status of the applicant in the Record of Rights; if he has no right to make the improvement does the superior holder consent to the loan? 5. Is the applicant in arrears to Government for revenue or for any instalment of a loan previously obtained: 6. Is the application bonafide and the applicant solvent? 7. Security offered:(a) if the land itself. (i) the value of the applicant's interest in it; (ii) litigation if any, pending in respect of it; and (iii) whether the loan applied for is within eighty per cent of the value of the land (being the applicant's interest) subject to the provisions of the Tenancy Acts for the time being in force. (b) if personal - the names and status of the surety or sureties and the value of their immoveable property. (c) if property - other than the land itself, its nature, survey number, area, assessment and value and extent of pre-existing encumbrances. 8. The Improvement: (l) Sketch (on a separate sheet) of the land to De improved; (2) Full description of the state of and measurements of any existing work; (3) Full description and measurements of the mprovements proposed; (4) In the case of wells, whether bore or umper experiment has been tried and with what result; (5) Description of materials to be used; (6) Estimated value of proposed improvement; (7) Estimate of the area that will be benefited; (8) Estimated value of the net increased produce from the work; (9) Year in which the work will begin to yield profit, and life of improvement; (10) Capacity of borrower; note if he has other resources 9. Outstanding balance, if any, e.g., Land Revenue, Takavi, Irrigation Cesses, etc.. 10. 1) Whether the loan should be advanced in one lump sum or in instalments; (2) If instalments/their dates with conditions as to which part or parts of the proposed work are to be completed before issue of subsequent instalments. 11. Period within which the work is to be completed or object carried out. 12. Repayment. (1) Year of first installment with reference to Item 8(9); (2) Amount of installment (consolidating principal and interest); (3) Period of repayment; (4) Signatures in token of correctness of, and consent to, the above particulars; (i) Applicant; (ii) Person other than the applicant having interest in the land; (iii) Personal surety; (iv) Person giving collateral security; (v) Signature of attesting Officer. 13. Objections, if any; (1 ) Date of publication of notice under Rule 6(1); (2) Nature of objections raised and orders thereon; 14. List of papers to be annexed (1) Extracts from record of rights; (2) Deeds, if any, presented; (3) Panchanamas or officers' own estimates as to. (a) Value of land to be improved; (b) Value of collateral security; (c) Estimated cost of work; (d) Estimated amount of profit; (4) Notice under Rule 6(1), with objections received and order. 15. Opinion and recommendation in the own hand of the officer conducting the enquiry. 16. Sanctioned for Date Rs. (in words) Grantor 17. Endorsement as to completion of the work (1) Date of Orders (to the Revenue Officer) for inspection and report; (2) Result of inspection, with action taken, if any, owing to misapplication.
APPENDIX 4 Karnataka Land Improvement Loans Act, 1963
FORM [See Rule 11(1)]
FORM 4
[See Rule 11(1)]
Karnataka Land Improvement Loans Act, 1963
Reference to Registration Department for Encumbrance
Certificate
No. Date
To
The
Sub-Registrar of
Name
of Applicant:
Amount of Loan required;
Particulars of land * for which
encumbrance certificate is required.
Name of village Dry, Wet or Garden Survey Number Extent A.G. Assessment Rs.P.
Remarks:
Tahsildar/ Special
Tahsildar or Officer
specified by
Government for a Taluk or part of a Taluk.
*If
other immovable property, it should be suitably described.
APPENDIX 5 Karnataka Land Improvement Loans Act, 1963
FORM [See Rule 11(3)]
FORM 5
[See Rule 11(3)]
Karnataka Land Improvement Loans Act, 1963
Order granting a loan under the Karnataka Land Improvement
Loans Act, 1963.
No.. OF
1 The sum of Rs. . is
granted to Sri/Smt.. . . Son of/Daughter of/Wife
of. . at .
. (with
the consent of Shri/Smt. the
record of which is hereto annexed*) as a loan under the Karnataka Land
Improvement Loans Act, 1963 for the purpose of (+) for the benefit of (++) subject to the following
conditions.
2. The conditions referred to are as follows.
(a) That the amount of this loan shall be paid to the
aforesaid (name of the borrower) either in one or more instalments as
specified hereunder on the execution of the necessary security
bonds. When the loan is to be paid in instalments, the first
installment may be paid on the production of this order (here enter place at which this order is to be
presented for payment), and the second on proof that the first installment has
been properly utilized.
Amount
of Loan Sanctioned.. Installment
Rs... Rs.
(b) (i) That if
the first installment has not been utilized within the period of (here enter the
period allowed for the first installment); or
(ii)
If it shall be proved to the satisfaction of the officer granting the loan that any portion of the loan has been
misapplied to any other purpose than
that above specified or that the whole amount of the loan has not been fully
applied to the purpose for which it was granted within the period of
(here enter period allowed for utilisation of full amount of the loan), the
whole unpaid balance of the loan or such
portion of it as the officer granting loan may determine with interest at per cent
and cost, if any, shall be deemed at once to become due.
(iii)
The borrower shall give an undertaking to the effect that there are no encumbrances existing on the land mortgaged
by the borrower as security for the loan.
(a) (i) That the loan with interest thereon
at eight and a half per cent per annum shall be repaid by equal half-yearly or
yearly instalments of Rseach, falling due with the khist of the revenue year commencing with 1919Penal interest at
ten per cent er annum upon all overdue instalments of interest or principal nd
interest shall be leviable. It shall be open to the officer granting the loan to reduce the number of
instalments and to increase the
amount of e half-yearly or yearly
payment so as to recover the loan within a shorter period han herein allowed if
he finds the work after completion is not sufficiently durable to last for the
period originally mentioned in the loan order.
(ii) Such half-yearly or yearly payment shall be made to
the village officers, if he demand has been included in the borrower's
khate or to the
Tahsildar and s in addition to the land assessment.
(iii) If default in the payment of half-yearly or yearly
installment on account of the loan occurs and recovery cannot otherwise
be made, or if
the borrower applied to be adjudicated, or is adjudicated an insolvent, the
entire unpaid balance of the loan or such
portion of it as the officer granting the loan or such portion of it as the officer granting the loan may
determine shall be deemed to become
due at once and the whole of the, land specified under condition (d) or such
portion of it as the officer granting
the loan may deem necessary, shall be sold for the recovery of the amount, with
interest thereon and expenses of
sale, if any
(d) That for the repayment of the
loan with interest and cost, if any, due on the same, the immovable
property specified below is (in addition to the land for the Benefit to which
the loan is granted) hyphcthecated as
collateral security to Government.
Signature of the officer granting the loan.
I have understood and agreed to the aforesaid terms and
conditions.
Signature of the borrower.
*To be inserted when the loan is being granted with the
consent of the person having the right to make the improvement to person not
having that right.
(*) Here describe in detail the purpose of the loan. Here describe the lands benefited.
APPENDIX 6 Karnataka Land Improvement Loans Act, 1963
FORM [See Rule 15]
FORM 6
[See Rule 15]
Karnataka Land Improvement
Loans Act, 1963
Register
of Payments
(A separate page to be set
apart for each loan)
No. and date of order granting the loan Name and residence of the holder or the order granting the loan Amount of loan granted either in lumpsum or in instalments (no. of instalments to be specified). Number of instalments in which the loan is repayable. (1) (2) (3) (4)
Repayments Interest paid on arrears of installments. Remarks Amount of each instalments in accordance with the scale in the table of equated payments. Date on which each installment is due. Date of payment of installment Amount of Qinstallment paid (5) (6) (7) (8) (9) (10) |
