THE LAND IMPROVEMENT LOANS ACT, 1883 [Act, No. 19 of 1883] [AS ON 1955] [12th October, 1883] PREAMBLE 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:--
View Complete Act List Judgments citing this section(1) This Act may be called the Land Improvement Loans Act, 1883. Local extent, Commencement (2) It extends to the whole of India except1[the territories which, immediately before the 1st November, 1956 were comprised in Part B States] but shall not come into force in any part of2[ the territories to which this Act extends] until such date as the State Government may, by notification in the Official Gazette, appoint in this behalf. ________________________ 1. Substituted for "Part B States" by 2 A.L.O. 1956 2. Substituted for "Part A State or a Part C State", by 2 A.L.O 1956
View Complete Act List Judgments citing this section(1) The Land Improvement Act, 1871, and Act XXI of 1876 (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of advances made before this Act comes into force and costs incurred by the Government in respect of such advances, be repealed.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, the reference shall, so far as may be practicable, be read as applying to this Act or the corresponding part of this Act.
View Complete Act List Judgments citing this sectionIn this Act, "Collector" [Cf. the definition in section 3(10) of the General Clauses Act, 1897 (10 of 1897).] means the Collector of land-revenue of a district, or the Deputy Commissioner, or any officer empowered by the State Government by name or by virtue of his office to discharge the functions of a Collector under this Act.
View Complete Act List Judgments citing this section.....in agriculture; (b) the preparation of land for irrigation; (c) the drainage, reclamation from rives 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 ; (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 State Government [The words "with the previous sanction of the G.G.in C." rep.by Act 8 of 1906, section 2.] may, from time to time, by notification in the Official Gazette, declare to be improvements for the purposes of this Act.
View Complete Act List Judgments citing this sectionWhen 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 State 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 be a Civil Court, he shall postpone his proceedings on the application until the question has been so decided.
View Complete Act List Judgments citing this section(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, [Substituted by Act 18 of 1899, section 2, for "from the date of the actual advance of the last instalment".] [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 State Government [The words "and G.G.in C." repealed by Act 8 of 1906, section 3.] in making [The words "and sanctioning" repealed by section 3, ibid.] the rules fixing the period, shall, in considering whether the period should extent 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.
View Complete Act List Judgments citing this section.....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.
View Complete Act List Judgments citing this sectionA 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.
View Complete Act List Judgments citing this sectionWhen 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 statements 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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