THE MADHYA PRADESH AGRICULTURIST'S 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 (10 of 1879), and provide for its extension to (Substituted by A.O. No. 2 of 1956 ) [certain other areas];
It is hereby enacted as follows :
Section 1 - Short title and commencement-
(1) This Act may be called The Madhya Pradesh Agriculturists' Loans Act, 1884 (For Statement of Object and Reasons- see Gazette of India 1884 Part V Pg. 2. The Act was extended to the whole of Madhya Pradesh by Section 3 (1) of the M.P. Extension of Laws Act, 1958 (23 of 1958).).
(2) It shall come into force on the first day of August, 1884.
Section 2 - Local extent-
(1) This section (Substituted by A.O. No. 2 of 1956) [extends to the whole of India except the territories which, immediately before the 1st November, 1956, were comprised in Part B States (Inserted by MP. Act 23 of 1958 Section 3(3)) [other than the Madhya Bharat and Sironj regions of the State of Madhya Pradesh],
(Substituted by A.O. No. 2 of 1956) (2) The rest of this Act extends in the first instance only to Utter Pradesh, the (Substituted by M.P. Act 23 of 1958 Section 3(3) for "Central Provinces".) [Madhya Pradesh], Assam and Delhi and the territories which immediately before the 1st November, 1956, were comprised in the State of Bombay, Punjab and Ajmer].
(3) But any State Government may, from time to time, by notification in the fficial Gazette, extend the rest of this Act to the whole or any part of (Substituted by A.O. No. 2 of 1956) [the territories to which this Act extends] under its administration.
Section 3 - [Omitted]
[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 Repealed by the Repealing Act, 1938 (1 of 1938), Section 2 and Schedule.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 (Inserted by No. 4 of 1914) [or, in a State for which there is a Board of Revenue of 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" Omitted by No. 4 of 1914) [xxx] 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 (19 of 1938), but connected with agricultural objects.
(2) All such rules shall be published in the Official Gazette,
Section 5 - Recovery of loans-
(Substituted CP & Berar Act No. XXXIV of 1947) [(1) Subject to such rules as may be made under Section 4, a loan granted under this Act with any interest due thereon shall, in default of payment, be recoverable by the (Substituted by MP Adaption of Laws (State and Concurrent Subjects) (Second Amendment) Order, 1957) [Collector] in ail or any of the following modes, namely :
(a) from the borrower- as if it were an arrear of land revenue due by him;
(b) from his surety, if any- as if it were an arrear of land revenue due by him;
(c) out of any land of the borrower- as if it were an arrear of land revenue due by him;
(d) out of property comprised in 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.
(2) It shall be in the discretion of the (Substituted by MP Adaption of Laws (State and Concurrent Subjects) (Second Amendment) Order, 1957) [Collector] acting under this section to determine the order in which he will resort to the various modes of recovery permitted by it.
Section 5A - Loans to have priority-
A loan granted under this Act together with interest due thereon and cost of recovery shall, except in respect of land revenue and a loan granted under the Land 5
Improvement Loans Act, 1883 (19 of 1883), have priority over all encumbrances and charges created before the date of the order granting the loan on the borrower's interest in any land].
Section 6 - Liability of joint borrowers as among themselves-
When a loan is made under the Act to the members of a village community or to any other person 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 the 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.
Section 7 - Prohibition of misapplication of loan under the Act-
(Inserted by CP & Berar Act No. LIV of 1949 ) [(1) Every person taking loan under this Act shall, in the manner provided for in the rules made by the State Government in this behalf and the conditions contained in the order granting such loan, apply the amount thereof for the purpose and within the period specified in the order granting such loan.
(2) Without prejudice to any penalty which may be imposed under any other provision of law or instrument, any person who fails to comply with the provisions of sub-section (1) shall, on an order in writing passed by a revenue officer not below the rank of Sub-Divisional Officer, be liable to pay by way of penalty such sum not exceeding twice the amount of the loan outstanding as such officer may by order fix unless such person refunds the amount of loan and satisfies such officer that the failure was due to reasons beyond his control.]
The Madhya Pradesh Agriculturist Loans Rules, 1962
Notification No. 6225-48-92-VII- NIL. In exercise of the power conferred by Section 4 of the Agriculturists’ Loans Act, 1884 (XII of 1884); and in supersession of all rules previously made on the subjects, the-State Government hereby makes the following rules, namely:
1. (1) These rules may be called the Madhya Pradesh Agriculturists’ Loan Rules 1962. (Published in the M.P.Gazette Part IV (Ga),dated 4-1-1963,Pg 1.)
(2) In these rules, unless the context otherwise requires —
(a) 'Act’ means the Agriculturists’ Loans Act, 1884 (XII of 1884);
(b)‘Controlling Officer’ means the Commissioner of a Division;
(c) ‘Form’ means form appended to these rules.
2. The manner of making Applications for Loans-Applications for Loans shall be in Form A and they may be made to any Revenue Officers or to any other officer competent to advance loans. Printed copies of the form shall be supplied free of cost at all tahsil offices and offices of officers competent to grant loans and shall be distributed on tour by Revenue Inspectors and Village Level Workers whenever they are required. In the case of oral applications, the form shall be filled in for the applicant by a revenue official or an official of the office of the officer competent to grant the loan,
Note.-Such applications are exempted from court-fees.
3. The Power of Sanction- Loans may be granted only by officers, to whom an allotment of funds for the purpose has been made by competent authority and only within the limits of that allotment.
4. Subject to the provisions of rule 3, loans may be granted by the following officers to the extent mentioned against them to any individual:-
Name of Officer
1
|
Maximum limit
2
|
1.
|
Commissioners
|
Rs. 10,000
|
2.
|
Collectors,
|
5,000
|
3.
|
Sub-Divisional Officers
|
1,000
|
4.
|
Tahsildars including Naib-Tahsildars exercising powers of a Tahsildar under the Madhya Pradesh Land Revenue Code, 1959.
|
500
|
5.
|
Block Development Officers
|
500
|
6.
|
Agricultural Assistants
|
500
|
7.
|
Circle Auditors, Inspectors of Co- operative Societies, District Organizers of Co-operative Societies, Co-operative and Panchayat Inspectors and Co-operative Extension Officers
and Co-operative Extension Officers
|
500
|
5. The Controlling Officers shall, out of the allotment of funds for the purpose of granting loans under the Act in their divisions apportion a definite amount to each district. Collectors may make allotments to such officers competent to grant loans as they consider it desirable to employ in granting loans.
The inquiry into applications and the method of Granting Loans
6. (1) Revenue Officer or any other officer competent to grant loans to whom an application is presented, if he is not empowered to dispose if of himself, shall forward it to the officer immediately superior to himself who is so empowered.
(2) An officer to whom an application is presented may either proceed to dispose of himself or forward it to any other officer competent to grant loans subordinate to himself, who is empowered to dispose it of.
7. With a view to facilitate the prompt distribution of loans under the Act, Collectors and such officers competent to grant loans, authorised by them may draw advances from the treasury in lump sums on abstract bills and distribute loans on tour in the manner prescribed in the note appended to article 148 of the Civil Accounts Code.
This system is especially appropriate when petty advances are made for the purchase of seed and fodder.
8. Whenever non-official agency is available, it may be employed to aid in making inquiries and disbursing loans.
9. Loans to individuals may be granted under the Act on the security of their land or on furnishing collateral security, where necessary, up to three-fourth of the value of the property.
10. When the amount of the loan under the Act, together with—
(a) the amount of the loan, if any, under the Land Improvement Loans Act, 1883, and
(b) such other dues, if any, which are entitled to priority over the loans under the Act and the Land Improvement Loans Act, 1883 does not exceed three quarters of the borrower’s interest in the value of land held by him, no collateral security shall be required.
11. Where,—
(a) the borrower have no interest in land, or
(b) the amount of the loan, under the Act together with—
(i) the amount of the loan, if any, under the Land Improvement Loans Act, 1883, and
(ii) other dues, if any, which are entitled to priority over the loans under the said two Acts;
exceeds three-quarters of the borrower’s interest in the value of the land, the borrower shall provide a surety and security shall be taken from him which may either be personal or may consist of a transferable interest in land. In the latter case the land must be mortgaged in Form B and the mortgage deed attested by two witnesses.
12. When an application is received from the members of a village community, or from a group of cultivators, then notwithstanding the fact that all or any of such members or cultivators owe loans under the Land Improvement Loans Act, 183 or other dues which are entitled to priority over the loans under the Act and the Land Improvement Loans Act, 1883, their joint personal security may ordinarily be accepted as sufficient to ensure the repayment of a loan: Provided that the amount advanced on such security shall not exceed—
(a) Where the borrower Twenty times the land holds any land revenue or rent of the holding, or Rs. 25 per acre of net cropped area in the preceding year, whichever is less; and
(b) Where the borrower Twenty-five times the land holds wet land revenue or rent of the holding or Rs. 30 per acre of net cropped area in the preceding year, whichever is less.
13. (1) Copies of all orders granting loans in which immovable property has been hypothecated and of mortgage deeds in Form B shall be sent to the registering officer, as required by Section 89 of the Indian Registration Act, 1908. All copies shall be certified as ’true copies' by the officer granting the loan.
(2) When loans are made under these rules, the order granting the loan shall be in Form C or D.
Note.- The financial limits laid down in rule 4 do not apply to the total of the loans made on joint responsibility, but only to the individual amounts by which this total is made up.
The Rate of Interest at which and the conditions under which Loans may be granted.
14. Interest shall be charged on loans made under these rules at the rate of seven naye paise per rupee per annum or seven per cent per annum: provided that if an installment of principal or interest be not paid on the date fixed, it shall be at the discretion of the Collector of the district to charge interest upon such installment from the date of default at the rate of fourteen paise per rupee per annum of fourteen per cent per annum. Interest on every, loan shall run from the date on which the loan is made, and shall be calculated to the nearest naye paisa in the case of loans granted after the 1st April, 1960.
15. An applicant receiving a loan under these rules shall be required to sign or affix his thumb impression to the other granting the loan, a copy of which shall then be given to him.
16. The officer granting the loan shall state in the order granting the loan the purpose for which the loan is to be applied and the period during which it shall be so applied.
17. Should there be any doubt as to application of the loan in the manner specified in the order granting the loan, the Collector shall inquire into the matter, and if he finds that the loan has been misapplied he may order its recovery with interest in a lump sum.
18. The Re-payment of Loans-The date or dates fixed for the repayment of a loan shall ordinarily be fifteen days before the date fixed for payment of the installment of land revenue on the crop produced or benefited by the loan. But in the case of loans granted for raising crops such as seasonal fruits, vegetables and the like, suitable dates may be fixed corresponding approximately to the dates on which such crops are marketed.
19. The period fixed for the repayment of loans shall not, except for special reasons with the sanction of the Commissioner, be longer than five years. Ordinarily loans made for the purchase of seed should be repaid from the crops produced from the seed and loans made for the purchase of plough cattle should ordinarily be repaid within three years.
20. Suspension (Subs. By M.P. Rajpatra, Ext., dt.17.5.1984) Whenever suspensions or remissions of land revenue are granted in years in which crops have failed in any area or iii which crops could not be grown in any area in consequence of any order made under any law by a competent authority, such suspensions or remissions shall carry with them automatically, suspensions of taccavi installments which fall due in the same year. The effect of the suspension of an installment shall be to postpone for one installment period the payment of all the remaining installments due on the loan. No interest shall be charged on such postponed installment for the period of postponement.)
21. In individual cases genuine hardship owing to causes other than those attributable to failure of crops the Commissioner may direct postponement of one Installment at his discretion. In such cases the payment of subsequent installments shall remain unaffected but no interest shall be charged on such postponed installment for the period of postponement.
22. Suspension may be granted by the Commissioner or under his orders by other subordinate officers who are empowered to grant loans under rule 4, provided that the amount of the loan on account of which the installment to be suspended is due does not exceed the amount up to which the officer granting the suspension is empowered
to sanction loans, and provided further, that when a general suspension of installments of loans is considered necessary on account of the particular circumstances of a tract or the character of the season the sanction of the State Government shall be obtained.
23. Remission:- The State Government are authorised to sanction the remission arrears in the case of any one loan and also a general remission of loans on account of the particular circumstances of a tract or the character of the season. |
