[Act No. 12 of 1884]
[24th July, 1884.]
1. It has been amended in — C.P.and Berar by C.P.& Berar Acts 34 of 1947 and 54 of 1949; Coorg by Coorg Act 3 of 1936; Madras by Madras Act 16 of 1935; Orissa by Orissa Act 6 of 1937; and U.P by U.P.Acts 12 of 1922, 12 of 1934 and 12 of 1948.
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, and provide for its extension to [other [Part A States or Part C States] ]; It is hereby enacted as follows.– (Preamble.)
1. Subs. by the A.O.1948, for “any part of British India “.
2. Subs. by the A.O.1950, for provinces of India “.
2. Local extent .
(1) This section and section 3 extend to the whole of India except Part B States.
(2) The rest of this Act extends in the first instance only to 1[ Bombay, Uttar Pradesh , Punjab, the Central , Provinces , Assam , Delhi and Ajmer-Merwara.]
(3) But any State 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 the territories under its administration.
1. Subs. by the A.O.1948, for original words.
3. Repeal of Act X of 1879, and sections 4 and 5 of Act XV of 1880.
Rep. by the Repealing Act, 1938 (1 of 1938), s.2 and Sch.
4. Power for State Government to make rules.
(1) State Government 1[or, in a State for which there is a Board of Revenue or Financial Commissioner, such Board or Financial Commissioner, Subject to the control of the State Government] may, from time to time, 2make 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 Official Gazette.
1. Ins. by the Act 4 of 1914, s.2 and Sch.Pt.I.
2. The words “subject to the control of the G.G.in C.” rep.ibid.
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 and 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 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.