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The Land Improvement Loans Act, 1883

Year of Passage: 1883 | Type: Bare Act

Section 1 Short title.

(1) This Act may be called the Land Improvement Loans Act,1883. (2) Local extent. Commencement.--It extends to the whole of India except 1[theterritories which, immediately before the 1st November, 1956, were comprised in Part BStates], but shall not come into force in any part of 2[the territories to which this Actextends] until such date as the State Government 3*** may, by notification in the OfficialGazette, appoint in this behalf. STATE AMENDMENT Maharashtra Extension of Acts no. XIX of 1883 and No. XII of 1884 to Hyderabad andSaurashtra area of the State of Bombay.--The Land Improvement Loan Act, 1883 andthe Agriculturists' Loans Act, 1884, (XIX of 1883), are hereby extended to and shall be,in virtue of such extension, in force in the Hyderabad and Saurashtra area of the State ofBombay. [Vide Bombay Act XXVII of 1958, s. 2] Maharashtra Consequential and other amendments to Act XIX of 1883.--In section 1, tosub-section (2) the following proviso shall be added, namely:-- "Provided that on the commencement of the Land Improvement Loans andAgriculturists' Loans (Extension and Amendment) Act, 1957, this Act shall alsoextend to and be in force in, the Hyderabad and Saurashtra areas of the state ofBombay." [Vide Bombay act XXVII of 1958, s. 3]

Section 2 Acts 26 of 1871 and 21 of 1876 repealed.

(1) The Land Improvement Act, 1871,and Act XXI of 1876 (An Act to amend the Land Improvement Act, 1871), shall, except asregards the recovery of advances made before this Act comes into force and costsincurred by the Government in respect of such advances, be r epealed. (2) When in any Act, Regulation or Notification passed or issued before this Actcomes into force, reference is made to either of those Acts, the reference shall, so faras may be practicable, be read as applying to this Act or the corresponding p art ofthis Act.

Section 3 “Collector” defined.

In this Act, "Collector"1means the Collector of land-revenueof a district, or the Deputy Commissioner, or any officer empowered by the StateGovernment by name or by virtue of his office to discharge the functions of a Collectorunder this Act.

Section 4 Purposes for which loans may be granted under this Act.

(1) Subject to suchrules as may be made under section 10, loans may be granted under this Act, by suchofficer as may, from time to time, be empowered in this behalf by the State Government,for the purpose of making any improvement, to any person having a right to make thatimprovement, or, with the consent of that person, to any other person. (2) "Improvement" means any work which adds to the letting value of land, and includes thefollowing, namely:-- (a) the construction of wells, tanks and other works for the storage, supply ordistribution of water for the purposes of agriculture, or for the use of men and cattleemployed in agriculture; (b) the preparation of land for irrigation; (c) the drainage, reclamation from rivers or other waters, or protection from floods orfrom erosion or other damage by water, of land used for agricultural purposes or wastelandwhich is culturable; (d) the reclamation, clearance, enclosure or permanent improvement of land foragricultural purposes; (e) the renewal or reconstruction of any of the foregoing works, or alterations therein oradditions thereto; and (f) such other works as the State Government 1*** may, from time to time, bynotification in the Official Gazette, declare to be improvements for the purposes of thisAct. STATE AMENDMENT Maharashtra In section 4, in sub-section (2), for the words "any work which adds to the letting value ofland" the words "in relation, to any land, any work which adds to the value of the land andwhich is suitable thereto as also consistent with the purpose for which it is held" shall besubstituted. [Vide Bombay Act XXVII of 1958, s. 3]

Section 5 Mode of dealing with applications for loans.

(1) When an application for a loan ismade under this Act, the officer to whom the application is made may, if it is, in hisopinion, expedient that public notice be given of the application, publish a notice, in suchmanner as the State Government may, from time to time, direct, calling upon all personsobjecting to the loan to appear before him at a time and place fixed therein and submit theirobjections. (2) The officer shall consider every objection submitted under sub-section (1), and make anorder in writing either admitting or overruling it: Provided that, when the question raised by an objection is, in the opinion of the officer,one of such a nature that it cannot be satisfactorily decided except by a Civil Court, heshall postpone his proceedings on the application until the question has been so decided.
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