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	[Repealed.]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 24^th 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 1^st November, 1956, were comprised in the State of Patiala and East Punjab States Union by Punjab Act No. 5 of 1957^2

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 1^st 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 10^th 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 16^th 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 13^th August, 1910.

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

³The words “column 3 of” omitted by G. S. R. No. 67 dated 10^th 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 23^rd October,1964.

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

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

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

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

⁶Substituted for “50” by G. S. R. 240 dated 24^th 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 11^th July 1967.

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

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

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