The Himachal Pradesh Distressed Persons (Facilities For Loans) Rules, 1984
Published vide Notification R.H.P. Ex-Ordinary dated 20-10-84, Pages 1724-1729.
HP053
CHAPTER I
Preliminary
- Short title and commencement.- (1) These rules may be called the Himachal Pradesh Distressed Persons (Facilities for Loans) Rules, 1984.
(2) These shall come into force at once.
- Definitions.- In these rules, unless the context otherwise requires:-
(a) "Act" means the Himachal Pradesh Distressed Persons (Facilities for Loans) Act, 1976 (18 of 1976);
(b) "section" means a section of the Act;
(c) "competent authority" or "authority competent" means an authority empowered to grant loans under rule 3 to a distressed person, to the extent shown against each;
(d) "distressed (s)" means a person affected by distress caused by natural or other calamities mentioned in section 3 of the Act;
(e) "form" means a form appended to these rules; and
(f) "Tehsildar" means an officer appointed as such by the Government for the time being and includes a Naib-Tehsildar of a Sub-Tehsil.
CHAPTER II
Grant of Loan to Distressed Person
- Grant of loan.- The State Government or other authority (hereinafter referred to as the competent authority) mentioned hereunder, may grant loan to a distressed person to the extent specified against each.
| (1) In The Case of Distress Caused By Floods, Earthquakes, Landslides, Avalanches, Fire and Excessive Rains: - | |||
| (a) For construction of house or a shop: - | |||
| (i) Deputy Commissioner | Upto Rs. 10,000. | ||
| (ii) Div. Commissioner | Upto an amount exceeding Rs. 10,000 but not exceeding Rs 15,000. | ||
| (iii) Financial Commissioner | An amount exceeding Rs. 15,000 but not exceeding Rs 20,000. | ||
| (iv) State Government | Any amount exceeding Rs. 20,000. | ||
| (b) For repair of a house or a shop: - | |||
| (i) SD.O. (C) | Upto Rs. 1,000 | ||
| (ii) D.C | Upto Rs. 5,000. | ||
| (iii) Div. Commissioner | An amount exceeding Rs. 5,000 but not exceeding Rs. 10,000. | ||
| (iv) Financial Commissioner | Any amount exceeding Rs. 10,000. | ||
| (c) For improvement of purchase of land: - | |||
| (i) Deputy Commissioner | Upto Rs. 5,000 | ||
| (ii) Div. Commissioner | An amount exceeding Rs. 5,000 but not exceeding Rs. 15,000. | ||
| (iii) Financial Commissioner | An amount exceeding Rs. 15,000 but not exceeding Rs 25,000. | ||
| (d) For any other purpose: - | |||
| (i) S.D.O.(C) | Upto Rs. 1,000 | ||
| (ii) Deputy Commissioner | An amount exceeding Rs. 1,000 but not exceeding Rs 5.000. | ||
| (2) In The Case Of Distress Caused By Famine, Snow Storm, Hail Storm Severe Drought, Wind Storm Or Locust - | |||
| (a) For purchase of cattle: - | |||
| (i) S.D O. (C) | Upto Rs. 1,000 | ||
| (ii) Deputy Commissioner | An amount exceeding Rs 1,000 but not exceeding Rs. 3,000. | ||
| (b) Any other purpose: - | |||
| (i) Tehsildar | Upto Rs. 200. | ||
| (ii) S.D O. (C) | An amount exceeding Rs. 200 but not exceeding Rs. 500 | ||
| (iii) Deputy Commissioner | An amount exceeding Rs 500 but not exceeding Rs. 1,000 | ||
| (3) In The Case Of Distress Caused By Lightning Or Electric Shock:- | |||
| (a) For purchase of cattle: - | |||
| (i) S.D O. (C) | Upto Rs 1,000. | ||
| (ii)Deputy Commissioner | An amount exceeding Rs. 1,000 but not exceeding Rs. 3,000 | ||
| (b) For any other purpose:- | |||
| (i) S.D O. (C) | Upto Rs. 1,000 | ||
| (ii) Deputy Commissioner | An amount exceeding Rs. 1,000 but not exceeding Rs. 5,000. | ||
| (iii) Div. Commissioner | An amount Rs 5,000 but not exceeding Rs. 15,000 | ||
| (4) In Case Of Distress Caused By An Epidemic | |||
As prescribed by department concerned.
- Form of Application.- An application for the grant of loans under these rules shall be submitted to the Tehsildar concerned in duplicate, in Form-1 duly signed and marked as "Original" and "Duplicate"
- Verification.- The Tehsildar on receipt of application shall make appropriate enquiries and forward one copy of the form, with a report and his recommendations (to be recorded on a separate sheet and marked confidential) for orders, to the competent authority direct and where the authority competent to sanction the loan applied for is the Divisional Commissioner, Financial Commissioner or the State Government, through the Deputy Commissioner concerned.
- Orders of the Competent Authority.- (1) The competent authority to whom the application has been forwarded under.
rule 5, shall consider whether the amount of loan applied for represents the minimum requirement for the purpose of rehabilitation as indicated in the form, and whether the request is genuine and, after satisfying itself about all such factors, may:-
(b) reduce the amount of loan to the extent which it considers sufficient for the purpose indicated in the application if it is satisfied that the amount of the loan applied for is excessive for the declared purpose, and return the application with all relevant papers to the authority competent to sanction the reduced amount of loan with suitable directions. In such a case, a reference to the lower authority shall be deemed to be a reference made under rule 5; or
(c) sanction the loan applied for:
Provided that no application shall be rejected or the amount of loan shall be reduced without affording the applicant an opportunity to explain his case either in writing or orally and the competent authority shall record the reasons for rejection or reduction of amount in writing: -
Provided further that the competent authority shall record the orders on the form itself, which shall be returned to the Tehsildar, with or without the amount of loan, as the case may be. In case the competent authority decides to sanction the loan, it shall clearly, pass orders as to the number of instalments in which the loan shall be refundable, the rate of interest chargeable on the loan and the due date(s) for the repayment of instalments of loan.
(2) The competent authority shall, for the purposes of section 5, also prepare a statement showing the portion of the amount of loan which as among themselves each of the distressed person is bound to contribute, in case the loan is granted to two or more distressed persons on a joint application.
- Disbursement of loan.- (1) After sanctioning the loan under rule 6, the competent authority shall send the amount of loan sanctioned to the Tehsildar for payment to the distressed person.
(2) On the receipt of orders or the amount of the loan, the Tehsildar shall record on appropriate note on the other copy of the form retained by him under rule 5; and -
(a) inform the distress person of the orders of the competent authority; or
(b) make payment of the amount received under sub-rule (1), to the distressed person after obtaining proper hypothecation or if the loanee has nothing to hypothecate, surety as mentioned in the form of application, as the case may be.
- Joint application by two or more distressed persons.- (1) Where two or more distressed persons apply for a loan under these rules jointly, the application shall be made jointly in Form-1 indicating therein the names of all such persons and it may be presented to the Tehsildar by all or any of the applicants, in duplicate.
(2) The application shall be processed in the same manner as prescribed for the other cases in the preceding rules:
Provided that where a loan is sanctioned under this rule, the amount shall be paid to the applicants jointly, when all of them are present and all of them shall be jointly and severally bound to the State Government for the repayment of the whole amount payable in respect thereof.
CHAPTER III
Rate of Interest to be Charged and Security of Loans
- Rates of Interest.- (1) The interest to be charged on the loans granted under these rules shall be simple interest at the rates prescribed by the State Co-operative Bank for loans granted by it.
(2) The interest shall be chargeable with effect from the date of disbursement of the loan.
- Sureties.- (1) Before the loan is disbursed to the distress persons or persons as the case may be, the Tehsildar shall obtain proper hypothecation or the signatures and other particulars of the sureties on the application form as the case may be, in term of rule 7 and forward it to the competent authority for safe custody after making a detailed note of it on the other copy of the form retained by him in his office.
(2) The Tehsildar shall ensure that the persons offering themselves as sureties possess immovable property sufficient to make good the amount of loan sanctioned together with the interest chargeable thereon, before he accepts their offer.
(3) The persons offering themselves as sureties shall be jointly and severally bound to the State Government for the repayment of the amount of loan and the interest thereon.
CHAPTER IV
Recovery of Loans
- Date from which the recovery shall become due and the number of instalments.- (1) Every loan granted under these rules shall recoverable in half-yearly instalments, not exceeding twenty the first of such instalments commencing after a period of 18 months from the date of payment under rule 7(2)(b).
(2) After the loan has been recovered in full, the amount of interest recoverable from the loanee, shall be calculated at the rate prescribed under rule 9 and recovered in monthly instalments not exceeding six, commencing from the month following the month in which the last instalment of loan was recovered.
- Loanees and sureties to be informed of their liability in case of joint application.- Where loan is granted to two or more distressed persons on a joint application, the Tehsildar shall explain to each such person and surety the portion of the amount which each of them is bound to contribute as amount themselves as a loanee in terms of the orders passed by the competent authority under second proviso to rule 6, and, as a surety.
CHAPTER V
Miscellaneous
- Verification as to the utilisation of loan on the bonafide purpose.- As soon as may be after the recovery of the loan commences, the competent authority shall make or cause to be made enquiries to find out as to whether the amount of loan paid to a distressed person, has been utilised for the purpose for which it has been sanctioned and intimate the result to the Tehsildar concerned.
- Amount of loan to be recovered in lumpsum if amount of loan is misutilised.- Where an enquiry conducted under rule 13 reveals that the amount of loon granted to a distressed person has not been used for the purpose for which it has been sanctioned, the competent authority shall, after giving adequate opportunity to the person concerned to explain his position, pass orders that the remaining amount of the loan with interest calculated under rule 9, and a penal interest at the rate of 5% on the loan and costs, if any, shall be recovered at once in lump sum as arrears of land revenue.
- Record of loanees.- A register showing particulars of every loan granted under these rules, shall be maintained by the Tehsildar in Form II and shall be produced for inspection by the audit on demand.
Form I
(See rule 4)
- Name of applicant(s) with parentage and full address.
- Nature of distress by which affected.
- Extent of loss.
- Exact location where the loss has occurred.
- Amount of loan applied for.
- Purpose for which the loan is required i.e. the measures which the applicant proposes to take for his rehabilitation with the help of the loan.
- Exact location where the applicant proposes to utilise the loan on the measures stated in col. 6.
- Details of the immovable property of the applicant(s) together with its location in revenue records, which is proposed to be mortgaged.
Signature of the Applicant(s). Orders of the Competent Authority. Signature with Seal of Office of the Competent Authority.
(For Use of The Office of The Tehsildar After The Loan Has Been Sanctioned)
Received payment. I/We have gone through/been explained the implications of the Himachal Pradesh Distressed Persons (Facilities for Loan) Rules, 1983 and undertake hereby to abide by these rules.
Signature(s) of the loanee(s).
I/We have gone through/been explained the implications of the above rules and after fully understanding my/our responsibilities and liabilities, undertake to pay to the Government the amount of loan together with the interest thereon, and costs, if any, in case the above loanee fails to refund the loan.
Surety No. ....................... Surety No. 2..................... (Full particulars of the sureties to be given here)
Form-II
(See rule 15)
- Name of applicant(s) with parentage and address.
- Nature of distress by which affected.
- Extent of loss.
- Exact location where the loss occurred.
- Amount of loan sanctioned and reference to orders (No. and date).
- Purpose for which loan has been sanctioned, i.e. the measures, which the applicant proposes to take for his rehabilitation with the help of the loan.
- Details of the immovable property mortgaged with the Government in security of the loan granted to the applicant.
- (a) Date on which the recovery of the loan is to commence in term of second proviso to rule 6.
(b) No. of instalments fixed;
(c) Amount of each instalment; and
(d) Rate of interest.
- Progress of recovery i.e. dates on which the instalments have been recovered and Challan No. and date under which the amount of instalment has been deposited.
- The result of inspection under rule 13.
- Orders under rule 14, if any, and the result thereof (i.e. action taken thereon).
- Date on which the last instalment of the loan and the interest has been received.
- Signature of the Tehsildar.
By order, Sd/- Secretary (Revenue).