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  "title": "LAND IMPROVEMENT LOANS ACT, 1883",
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  "text": "THE LAND IMPROVEMENT LOANS ACT, 1883 \r\n(XIX of 1883) \r\nCONTENTS \r\n1. Short title. \r\nLocal extent. Commencement \r\n2. Acts XXVI of 1871 and XXI of 1876 repealed \r\n3. Definitions \r\n4. Purposes for which loans may be granted under this Act \r\n5. Mode of dealing with applications for loans \r\n6. Period for repayment of loans \r\n7. Recovery of loans \r\n8. Order granting loan conclusive on certain points \r\n9. Liability of joint borrowers as among themselves. \r\n10. Power to make rules. \r\n11. Exemption of improvements from assessment to land-revenue. \r\n12. Board of Revenue to exercise certain powers of Government. \r\n \r\n \r\nTEXT \r\n1\r\nTHE LAND IMPROVEMENT LOANS ACT, 1883 \r\n(XIX of 1883) \r\n[12th October, 1883] \r\nAn \r\nAct \r\nto consolidate and amend the law relating to loans of money by the Government for \r\nagricultural improvements. \r\n WHEREAS it is expedient to consolidate and amend the law relating to loans of \r\nmoney by the Government for agricultural improvements; \r\nIt is hereby enacted as follows:– \r\n1. Short title .– (1) This Act may be called the Land Improvement Loans Act, \r\n1883. \r\nLocal extent.  Commencement.– (2) It extends to \r\n2\r\n[the whole of \r\n3\r\n[the \r\nPunjab]], but shall not come into force in any \r\n4\r\n[part thereof] until such dat e as the \r\n5\r\n[ \r\n                                                 \r\n1For the Statement of Objects and Reasons, see Gazette of India, 1882, Pt. V., P. 954; for Report of the Select \r\nCommittee, see ibid., 1883, Supplement, p. 1296; for Proceedings in Council, see ibid., 1882, Supplement, pp. \r\n1494 and 1697; ibid., 1883, Supplement, p. 2071. \r\nInstruments executed by persons taking loans, or by their sureties, as security for the repayment of such loans, \r\nare exempted from stamp duty, see the Stamp Act, 1899 (II of 1899), Schedule I, Art 40, exemption (1), a nd \r\nnotification under section 9. \r\nThis Act has been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in \r\nthe N.W.F.P., subject to certain modifications, see N.W.F.P. (Upper Tanawal) (Excluded Area) Law Regulation, \r\n1950; and also extended to the Excluded Area of Upper Tanawal (N.W.F.P.) other than Phulera with effect from \r\n1st June, 1951, see N.W.F.P. Gazette, Extraordinary, dated 1st June, 1951. \r\nIt has been declared to be in force in Baluchistan by the British Baluchistan Laws Regulation, 1913 (II of 1913). \r\nIt has also been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 \r\n(G.G.O. 3 of 1950); and applied in the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I, p. 1499. \r\nThe provisions of this Act, has been extended to the district of Khairpur (with effect from the 15th March, 1961), \r\nsee Gazette of West Pakistan, 1961, Pt. I, p. 145. \r\n2Substituted for the words “all the Provinces and the Capital of the Federation” by the  Central Laws (Statute \r\nReform) Ordinance, 1960 (XXI of 1960); and published in the Gazette of Pakistan (Extraordinary) dated 9.6.1960, \r\npages 725 -845, see Article 3 and the Second Schedule (with effect from the 14th October, 1955), which had \r\nbeen substitute d for the words “the whole of British India” by the Adaptation of Central Acts and Ordinances  \r\nOrder, 1949 (G.G.O. 4 of 1949); and published in the Gazette of Pakistan (Extraordinary) w.e.f. 28.3.1949, pages \r\n223-283, see Article 3 & the Schedule.  \r\n3Substituted for the words “Pakistan” by the Punjab Laws (Am endment) Act 2011 (VI of 2011); and published in \r\nthe Punjab Gazette (Extraordinary) dated 14.4.2011, pages 4043 to 4047, s.2.    \r\n4Substituted for the words “part of British India” by the Adaptation of Cent ral Acts and Ordinances Order, 1949 \r\n(G.G.O. 4 of 1949) ; and published in the Gazette of Pa kistan (Extraordinary) w.e.f. 28 .3.1949, pages 223 -283, \r\nsee Article 3 & the Schedule. \r\n5Substituted for the words “Local Government”  by the Government of India (Adapta tion of Indian Laws) Order, \r\n1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 a nd Table of \r\nGeneral Adaptations. \r\n \r\n6\r\n[***]Government] \r\n7\r\n[***] may, by notification in the \r\n8\r\n[Official Gazette], appoint in this \r\nbehalf. \r\n2. Acts XXVI of 1871 and XXI of 1876 repealed .– (1) The Land Improvement \r\nAct, 1871, and Act XXI of 1876 (An Act to amend the Land Improvement Act,  1871), \r\nshall, except as regards the recovery of advances made before this Act comes into \r\nforce and costs incurred by the Government in respect of such advances, be \r\nrepealed. \r\n (2) When in any Act, Regulation or Notification passed or issued before \r\nthis Act comes into force, reference is made to either of those Acts, reference shall, \r\nso far as may be practicable, be read as applying to this Act or the corresponding \r\npart of this Act. \r\n9\r\n[3. Definitions.– In this Act– \r\n(a) “Board of Revenue” means the Board of Revenue established under the \r\nPunjab Board of Revenue Act, 1957 (XI of 1957);  \r\n(b) “Collector” means the Collector of a District appointed under the Punjab \r\nLand Revenue Act, 1967 (XVII of 1967) and includes an officer authorized \r\nby the Government to exercise the powers of the Collector; and \r\n(c) “Government” means Government of the Punjab.] \r\n4. Purposes for which loans may be granted under this Act .– (1) Subject to \r\nsuch rules as may be made under section 10, loans may be granted under this Act, \r\nby such officer as may, from time to time, be empowered in this behalf by the \r\n10\r\n[Government], for the purpose of making any improvement, to any person having a \r\nright to make that improvement, or, with the consent of that person, to any other \r\nperson. \r\n (2) “Improvement” means any work which adds to the letting value of land, \r\nand includes the following, namely:– \r\n(a) the construction of wells, tanks and other works for the storage, supply \r\nor distribution of water for the purposes of agriculture, or for the use of \r\nmen and cattle employed in agriculture; \r\n(b) the preparation of land for irrigation; \r\n                                                 \r\n6The word “Provincial” omitted by the Punjab Laws (Amendment) Act 2011 (VI of 2011) ; and published in the \r\nPunjab Gazette (Extraordinary) dated 14.4.2011, pages 4043 to 4047, s.2.     \r\n7The words, “with the previous sanction of the G.G. in C.”, repealed by the Land Improvement and Agriculturist’s \r\nLoans (Amendment) Act, 1906 (VIII of 1906). \r\n8Substituted for the words “Local Official Gazette” by the Government of India (Adaptation of Indian Laws) Order, \r\n1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 a nd Table of \r\nGeneral Adaptations. \r\n9Substituted for the original section 3 by the Punjab Laws (Amendment) Act 2011 (VI of 2011) ; and published in \r\nthe Punjab Gazette (Extraordinary) dated 14.4.2011, pages 4043 to 4047, s.2. \r\n10Substituted for the words “Provincial Government” by the Punjab Laws (Amendment) Act 2011 (VI of 2011); and \r\npublished in the Punjab Gazette (Extraordinary) dated 14.4.2011, pages 4043 to 4047, s.2, which had been \r\nsubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, \r\n1937; and p ublished in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 and Table of \r\nGeneral Adaptations.  \r\n \r\n(c) the drainage, reclamation from rivers or other waters, or protection \r\nfrom floods or from erosion or other damage by water, of land used for \r\nagricultural purposes or waste-land which is culturable; \r\n(d) the reclamation, clearance, enclosure or permanent improvement of \r\nland for agricultural purposes; \r\n(e) the renewal or reconstruction of any of the foregoing works, or \r\nalterations therein or additions thereto; and \r\n(f) such other works as t he \r\n11\r\n[Board of Revenue] \r\n12\r\n[***] may, from time to \r\ntime, by notification in the \r\n13\r\n[Official Gazette], declare to be \r\nimprovements for the purposes of this Act. \r\n5. Mode of dealing with applications for loans.– (1) When an application for a \r\nloan is made under thi s Act, the officer to whom the application is made may, if it is, \r\nin his opinion, expedient that public notice be given of the application, publish a \r\nnotice, in such manner as the \r\n14\r\n[Government] may, from time to time, direct, calling \r\nupon all persons objecting to the loan to appear before him at a time and place fixed \r\ntherein and submit their objections. \r\n(2) The officer shall consider every objection submitted under sub-section (1), \r\nand make an order in writing either admitting or overruling it: \r\nProvided that, when the question raised by an objection is, in the opinion of \r\nthe officer, one of such a nature that it cannot be satisfactorily decided except by a \r\nCivil Court, he shall postpone his proceedings on the application until the question \r\nhas been so decided. \r\n6. Period for repayment of loans .– (1) Every loan granted under this Act shall \r\nbe made repayable by instalments (in the form of an annuity or otherwise), within \r\nsuch period from the date of the actual advance of the loan, or, when the loan is \r\nadvanced in instalments, \r\n15\r\n[from the date of the advance of the last instalment \r\nactually paid] as may, from time to time, be fixed by the rules made under this Act. \r\n (2) The period fixed as aforesaid shall not ordinarily exceed thirty -five \r\nyears. \r\n                                                 \r\n11Substituted by the West Pakistan (Adaptation and Repeal o f Laws) Act, 1957 (XVI of 1957) ; and published in \r\nthe Gazette of West  Pakistan (Extraordinary),  dated 2.7.1957 , pages 709 -789, see section 3(2) & Schedule \r\nII(w.e.f. 14.10.1955). \r\n12The words, “with the previous sanction of the G.G. in C.”, rep ealed by the Land Improvement and Agriculturist’s \r\nLoans (Amendment) Act, 1906 (VIII of 1906); and published in the Gazette of India,  dated 31.8.1906, s.2 \r\n13Substituted for the words “Local Official Gazette” by the Government of India (Adaptation of Indian Laws) Order, \r\n1937; and published in the Gazette of India (Extraordinary), dated 1.4. 1937, pages 75 -344, see Article 4 a nd Table of \r\nGeneral Adaptations. \r\n14Substituted for the words “Provincial Government” by the Punjab Laws (Amendment) Act 2011 (VI of 2011); and \r\npublished in the Punjab Gazette (Extraordinary) dated 14.4.2011, pages 4043 to 4047, s.2, which had been \r\nsubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, \r\n1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 and Table of \r\nGeneral Adaptations.  \r\n15Substituted for the words “from the date of the actual advance of the last installment” by the Land Improvement \r\nLoans (Amendment) Act, 1899 (XVIII of 1899); and published in the Gazette of India, dated 14.7.1899, s.2. \r\n \r\n (3) The \r\n16\r\n[Government] \r\n17\r\n[***] in making \r\n18\r\n[***] the rules fixing the period, \r\nshall, in considering whether the period should extend to thirty -five years, or whether \r\nit should extend beyond thirty-five years, have regard to the durability of the work for \r\nthe purpose of which t he loan is granted, and to the expediency of the cost of the \r\nwork being paid by the generation of persons who will immediately benefit by the \r\nwork. \r\n7. Recovery of loans.– (1) Subject to such rules as may be made under section \r\n10, all loans granted under this Act, all interest (if any) chargeable thereon, and costs \r\n(if any) incurred in making the same, shall, when they become due, be recoverable \r\nby the Collector in all or any of the following modes, namely:– \r\n(a) from the borrower– as if they were arrears of land-revenue due by him; \r\n(b) from his surety (if any) – as if they were arrears of land-revenue due by \r\nhim; \r\n(c) out of the land for the benefit of which the loan has been granted – as if \r\nthey were arrears of land-revenue due in respect of that land; \r\n(d) out of the property comprised in the collateral security (if any) – \r\naccording to the procedure for the realization of land -revenue by the \r\nsale of immoveable property other than the land on which that revenue \r\nis due: \r\nProvided that no proceeding in respect of an y land under clause (c) shall \r\naffect any interest in that land which existed before the date of the order granting the \r\nloan, other than the interest of the borrower, and of mortgagees of, or persons \r\nhaving charges on, that interest, and, where the loan is granted under section 4 with \r\nthe consent of another person, the interest of that person, and of mortgagees of, or \r\npersons having charges on, that interest. \r\n (2) When any sum due on account of any such loan, interest or costs is \r\npaid to the Collector by a s urety or an owner of property comprised in any collateral \r\nsecurity, or is recovered under sub -section (1) by the Collector from a surety or out \r\nof any such property, the Collector shall, on the application of the surety or the owner \r\nof that property (as th e case may be), recover that sum on his behalf from the \r\nborrower, or out of the land for the benefit of which the loan has been granted, in \r\nmanner provided by sub-section (1). \r\n(3) It shall be in the discretion of a Collector acting under this section to \r\ndetermine the order in which he will resort to the various modes of recovery \r\npermitted by it. \r\n8. Order granting loan conclusive on certain points .– A written order under \r\nthe hand of an officer empowered to make loans under this Act granting a loan to, or \r\n                                                 \r\n16Substituted for the words “Provincial Government” by the Punjab Laws (Amendment) Act 2011 (VI of 2011); and \r\npublished in the Punjab Gazette (Extraordinary) dated 14.4.2011, pages 4043 to 4047, s.2, which had been \r\nsubstituted for the words “Local Government” by the Government  of India (Adaptation of Indian Laws) Order, \r\n1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 an d Table of \r\nGeneral Adaptations. \r\n17The words, “and G.G. in C.”, repealed by the Land Improvement and Agric ulturist’s Loans (Amen dment) Act, \r\n1906 (VIII of 1906); and published in the Gazette of India, dated 31.8.1906, s.3 \r\n18The words, “and sanctioning”, repealed, ibid. \r\n \r\nwith the consent of, a person mentioned therein, for the purpose of carrying out a \r\nwork described therein, for the benefit of land specified therein, shall, for the \r\npurposes of this Act, be conclusive evidence– \r\n(a) that the work described is an improvement wi thin the meaning of this \r\nAct; \r\n(b) that the person mentioned had at the date of the order a right to make \r\nsuch an improvement; and \r\n(c) that the improvement is one benefiting the land specified. \r\n9. Liability of joint borrowers as among themselves .– When a lo an is made \r\nunder this Act to the members of a village -community or to any other persons on \r\nsuch terms that all of them are jointly and severally bound to the Government for the \r\npayment of the whole amount payable in respect thereof, and a statement showing  \r\nthe portion of that amount which as among themselves each is bound to contribute is \r\nentered upon the order granting the loan and is signed by each of them and by the \r\nofficer making the order, that statement shall be conclusive evidence of the portion of \r\nthat amount which as among themselves each of those persons is bound to \r\ncontribute. \r\n10. Power to make rules .– The \r\n19\r\n[Government] \r\n20\r\n[***] may, from time to time, by \r\nnotification in the \r\n21\r\n[Official Gazette], make rules consistent with this Act to provide for \r\nthe following matters, namely:– \r\n(a) the manner of making applications for loans; \r\n(b) the officers by whom loans may be granted; \r\n(c) the manner of conducting inquiries relative to applications for loans, \r\nand the powers to be exercised by officers conducting those inquiries; \r\n(d) the nature of the security to be taken for the due application and \r\nrepayment of the money, the rate of interest at which, and the \r\nconditions under which, loans may be granted, and the manner and \r\ntime of granting loans; \r\n(e) the inspection of works for which loans have been granted; \r\n(f) the instalments by which, and the mode in which, loans, the interest to \r\nbe charged on them and the costs incurred in the making thereof, shall \r\nbe paid; \r\n                                                 \r\n19Substituted for the words “Provincial Government” by the Punjab Laws (Amendment) Act 2011 (VI of 2011); and \r\npublished in the Punjab Gazette (Extraordinary) dated 14.4.2011, pages 4043 to 4047, s.2, which had been \r\nsubstituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, \r\n1937; and published in the Ga zette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 and Table of \r\nGeneral Adaptations. \r\n20The words “subject to the control of the G.G. in C.”, repealed by the Decentralization Act, 1914 (IV of 1914). The \r\nwords “subject to the control”  had been substituted for the words “with the previous sanction”, by the Land \r\nImprovement and Agriculturist’s Loans (Amen dment) Act, 1906 (VIII of 1906); and published in the Gazette of \r\nIndia, dated 31.8.1906, s.4 \r\n21Substituted for the words “Local Official Gazette” by the Government of India (Adaptation of Indian Laws) Order, \r\n1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 and Table of \r\nGeneral Adaptations.  \r\n \r\n(g) the manner of keeping and auditing the accounts of the expenditure of \r\nloans and of the payments made in respect of the same; and \r\n(h) all other matters pertaining to the working of the Act. \r\n11. Exemption of improvements from assessment to land -revenue.– When \r\nland is improved with the aid of a loan granted u nder this Act, the increase in value \r\nderived from the improvement shall not be taken into account in revising the \r\nassessment of land-revenue on the land: \r\n Provided as follows:– \r\n(1) where the improvement consists of the reclamation of waste -land, or of \r\nthe irrigation of land assessed at unirrigated rates, the increase may be \r\nso taken into account after the expiration of such period as may be \r\nfixed by rules to be framed by the \r\n22\r\n[Government] \r\n23\r\n[***]; \r\n(2) nothing in this section shall entitle any person to call in question any \r\nassessment of land-revenue otherwise than as it might have been called \r\nin question if this Act had not been passed. \r\n24\r\n[12. Board of Revenue to exercise certain powers of Government .– (1) \r\nSubject to the general control of the Government, the Board of Revenue may \r\nexercise the powers conferred on the Government under sections 4(1) and 5(1) of \r\nthis Act. \r\n (2) The Board of Revenue may, subject to the prior approval of the \r\nGovernment, exercise the powers of the Government to make rules under section  10 \r\nof this Act.] \r\n \r\n \r\n \r\n \r\n \r\n \r\n                                                 \r\n22Substituted for the words “Provincial Government” by the Punjab Laws (Amendment) Act 2011 (VI of 2011); and \r\npublished in the Punjab Gazette (Extraordinary) dated 14.4.2011, pages 4043 to 4047, s.2, which had been \r\nsubstituted for the words “Local Government” by the Government of India (Adaptation of  Indian Laws) Order, \r\n1937; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75 -344, see Article 4 a nd Table of \r\nGeneral Adaptations. \r\n23The words “with the approval of the G.G. in C.”, repealed by the Land Improvement and Agricultu rist’s Loans \r\n(Amendment) Act, 1906 (VIII of 1906); and published in the Gazette of India, dated 31.8.1906, s.5. \r\n24Substituted for section 12 by the Punjab Laws (Amendment) Act 2011 (VI of 2011); and published in the Punjab \r\nGazette (Extraordinary) dated 14.4 .2011, pages 4043 to 4047, s.2, which had been inserted by the \r\nDecentralization Act, 1914 (IV of 1914) ; and published in the Gazette of India dated 24.2.1914 , section 2 and \r\nSchedule Part I., after repeal of the original section 12 by the Registration Act, 1908 (XVI of 1908).",
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