THE AGRICULTURISTS LOANS ACT, 1884

 

CONTENTS

 

Sections

Subject

1.       

Preamble, short title and commencement

2.       

Local extent

3.       

[Repealed.]

4.       

Power for State Government to make rules

5.       

Recovery of loans

6.       

Liability of joint borrowers as among themselves

 

 

1THE AGRICULTURISTS LOANS ACT, 1884.

ACT NO. 12 OF 1884.

Passed by the Governor-General of India

In Council

[Received the assent of the Governor-General on the 24th July, 1884].

1

2

3

4

Year

No.

Short Title

Whether or otherwise affected by legislation

1884

12

The Agriculturists’ Loans Act 1884

Amended by Act 8 of 1906

Amended by Act 4 of 1914

Adapted by Government of India (Adaptation of Indian Laws) order, 1937

Adapted by Adaptation of Laws (No. 2) Order, 1956

Extended to the territories which immediately before the 1st November, 1956, were comprised in the State of Patiala and East Punjab States Union by Punjab Act No. 5 of 19572

 

X of 1879

An Act to amend and provide for the extension of the Northern India Taccavi Act, 1879.

Preamble.

Whereas it is expendient to amend the Northern India Taccavi Act, 1879, and provide for its extension to 3[certain other areas]. It is hereby enacted as follows :-

 

 

 

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.


1For Statement of objects and reasons, see Government of India Gazette, 1834, Part V, page 2.

2For Statement of objects and reasons see Punjab Government Gazette (Extraordinary), 1957, page 339.

3Substituted by the Adaptation of Laws (No.2) Order, 1956, for “other Part A States or Part C States”.

 

2.            Local extent - (1) This section 1[extends to the whole of India except, the territories which, immediately before the 1st November, 1956,were comprised in Part B States].

1[(2) The rest of this Act extends in the first instance only to Uttar Pradesh, the Central Provinces, Assam and Delhi and the territory which, immediately before the first November, 1956, were comprised in the States of Bombay, Punjab and Ajmer].

(3) But any States Government may, from time to time, by notification in the official Gazette, extend the rest of this Act to the whole or any part of 3[the territories to which this Act extends] under its administration.

 

3.      * * 4 * *

 

4.      Power for State Government to make rules (1) The State Government 5[or, in a 6[State] for which there is a Board of Revenue of Financial Commissioner, subject to the control of the [State Government] may, from time to time, 7[* ] 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, but connected with agricultural objects].

(2) All such rules shall be published in the 8[Official Gazette]

 

5.      Recovery of Loans

 - 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. 

1Substituted for the words “and section 3 extend to the whole of India except Part B States”, by Adaptation of Laws (No. 2), Order, 1956.

2Substituted by ibid for the former sub-section (2).

3Substituted by ibid, for “the territories”.

4Section 3 repealed by Act 1 of 1938, section 2 and Schedule.

5Inserted by Act 4 of 1914, section 2 and Schedrle, Part I

6Substituted by Act 4 of 1914, for “Province”.

7The words “subject to the Control of the Governor-General in Council”, repealed by Act 4 of 1914, section 2 and schedule, Part I.

8Substituterd by Government of India (Adaptation of Indian Laws) Order, 1937, for “Local Official Gazette”.

 

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 authorized 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.

 

GENERAL NOTICES.-1. Government of India, Finance and Commerce department, notification No.4650, dated 10th September, 1899, clause (12), remits the fees chargeable on applications for loans under the Agriculturists’ Loans Act (XII of 1884).

            2. By Article 57 of Schedule I to the India Stamp Act II of 1899, instruments executed by persons taking advances under the Agriculturists’ Loans Act, 1884, or by their security for the repayment of such advances, are exempted from Stamp duty.

            3. Government of India, Finance Department, notification No. 3616-Ext., dated 16th July, 1890, remit the Stamp duty chargeable on-

(i)                  An instrument executed for the purpose of securing the repayment of a loan made, or to be made, under the Agriculturists’ Loans Act, 1884(XII of 1884), including an instrument whereby a landlord binds himself to consent to the transfer, in the event of default in such repayment of any land, or interest in land, on the security of which any such loan is made to his tenant;

(ii)                A receipt given by a person for advances exceeding Rs. 20 received by him from the Government under then Agriculturists’ Loan Act, 1884 (XII of 1884).   

 

1The Agriculturists’ Loan Rules, 1910.

2[1. Purposes for which loans may be granted.- Loans will be made to owners and occupiers of arable land for the relief of distress, purchase of seed or cattle or any other purpose not specified in the Land Improvement Loans Act, 1883, but connected with agricultural object.

 

2. (1) Officers employed to grant loans.- Within the limits of the funds allotted to them and for the purposes mentioned in 3[          ] the Table A, B and C given here below the officers mentioned in column 2 are empowered to grant loans to the extent mentioned against each under each purpose :-

 

4[TABLE ‘A’

REVENUE DEPARTMENT

 

 

Purpose for which loan may be

Granted

Serial

No.

Designation of officer

Cattle

Seed

Other objects including agricultural implements

 

Purchase of agricultural land from the government by the occupiers there of

1
2

3

4

5

6

1
Naib –Tehsildar

100

200

100

---

2
Tehsildar

250

200

250

1,000

 

3
Canal Zilladar

250

100

250

---

4
Reclamation Zilladar

---

100

---

---

5
Deputy Collector Reclamation

---

100

---

---

6
Assistant Land Reclamation Officer

---

100

---

---

7
Assistant Commissioner and Extra Assistant Commissioner

300

250

300

1,000

8
Collector

1,500

250

500

5,000

   9
Commissioner

2,500

750

2,500

10,000

10
Financial Commissioner

1,000

3,000

10,000

15,000]

 

1Published-vide Punjab Government notification No. 285, dated 13th August, 1910.

2Rules 1, 2 and 3 substituted by Punjab Government notification No. 3428-TL-III-61/3195, dated 18th May, 1961.

3The words “column 3 of” omitted by G. S. R. No. 67 dated 10th September, 1969.

1[‘TABLE B

Development Department (Grow-More-Food Scheme)

Serial No.

Designation of Officer

Purpose for which loan may be sanctioned

 

 

Fertilizers

Fruit

Plants

Tractors

2[“Insecticides Pesticides operational and incidental charges of aerial spraying of Cotton] 

seeds

1

2

3

4

5

6

7

1

Naib-Tehsildar, Assistant Consolidation officer and Inspector, Co-operative Societies

Rs.

500

Rs.

---

Rs.

---

Rs.

---

Rs.

---

2

Horticultural Inspector

5000

150

---

---

---

3

Agricultural Inspector

500

---

---

3[500]

150

4

Block Development and Panchayat Officer, Holding independent charge of 3 Block

1,000

---

---

4[1,000]

300

5

Assistant Cotton Botanist

1,000

---

---

---

---

6

Agricultural Entomologist

---

---

---

250

---

7

Tehsildar

800

---

---

---

---

8

Social Education and Panchayat Officer

500

---

---

---

---

9

Compost Inspector

100

---

---

---

---

5[10

Village Level Worker working in any intensive Agricultural District Programme and Package Programme Area  

150

---

---

---

---]

11

District Agricultural Officer

1,000

250

---

6[500

---]

12

Assistant Horticulturist

1,000

---

---

---

---

13

Assistant Registrar, Co-operative Societies

1,000

---

---

---

---

14

Assistant Commissioner and Extra Assistant commissioner

1,000

---

---

---

---

15

Deputy Director Agriculture

1,500

---

---

250

---

16

Collector

2,000

750

10,000

---

---

17

Director of Agriculture

2,500

---

15,000

---

---

18

Commissioner

2,500

---

15,000 Above

---

---

19

Secretary Agriculture

---

---

15,000

---

---

20

Financial Commissioner

10,000

---

---

---

]

1[21

Assistant Cotton Extension Officer

---

---

---

2[1,000]

---

22

Assistant Plant Protection Officer

---

---

---

3[1,000]

---

 

1Table ‘B’ substituted by G. S. R. No. 236, dated 23rd October,1964.

2Substituted by G. S. R. 67, dated 10th September, 1969.

3Substituted for “250” by G. S. R. No. 67, dated 10th September, 1969 which was previously substituted for “100” by G. S. R. 57, dated 11th July, 1967.

4Substituted for “500” by G. S. R. ibid, which was inserted by G. S. R. 57, dated 11th July 1967

5Item 10 substituted by G. S. R. 240 dated 24th September, 1965.

6Substituted for “50” by G. S. R. 240 dated 24th September, 1965.

 

 

TABLE C

DEVELOPMENT DEPARTMENT

(Community Development Schemes)

Serial No.

Designation of Officer

Purposes For Which Loan May Be

Granted

 

 

Horticultural Operations

Vegetable

Cultivation

Plant protection

1

Block development and Panchayat Officer

Rs.

3,000

Rs.

3,000

Rs.

3,000

2

Deputy Commissioner

5,000

5,000

5,000

3

Development Commissioner

50,000

50,000

50,000

 

Provided that-

1[(I) an officer subordinate to the collector shall not exercise his powers unless he is authorised to do so by the Collector ;

(iii)               the revenue Assistants to the Deputy Commissioners and the Sub-Divisional Officers in the following districts shall exercise the powers of the Collector for the purpose of granting loans for the purchase of sugarcane seed and the Sub-Divisional Officer (Civil), Spiti shall exercise the powers of the Collector for the purposes of granting all kinds of loans under the Act :-

(1)  

 Jullundur.

(2)   Hoshiarpur.

(3)   Kapurthala

(4)   Ambala

(5)   Karnal.

(6)   Rohtak.

(7)   Sangrur.]

1[(8) Amritsar.

(9) Gurdaspur]

 

1Added by G. S. R. No. 57, dated 11th July 1967.

2Substituted for ‘500’ by G. S. R. No. 80, dated 21st October 1969.

3Substituted for ‘500’ by G. S. R. No. 67, dated 10th September, 1969.

4Clauses (I) and (ii) substituted by G. S. R. No. 41, dated 5th February, 1963.

 

2[(ii) the Horticultural and Agricultural Inspectors shall not exercise their powers unless they are permitted to do so by the Director of Agriculture.

 

(2) Notwithstanding anything contained in sub-rule (1) in times of famine or any other natural calamity;

(a)    the Collector may with the approval of the Commissioner enhance the limits fixed in tables A and B and C in the case  of Naib-Tehsildar and Tehsildar ;

(b)   the Commissioner may with the approval of the Financial Commissioner, enhance the limits fixed in Table A, B and C in the case of Assistant Commissioner, Extra Assistant Commissioner and Collector.