The object of this Bill is to repeal the Northern India Takkavi Act and re-enact it with certain amendments which appear to be desirable.
First:- The existing law makes no provision for recovery as an arrear of land revenue of interest on loans made under it and of the costs (if any incurred by the Government in making the loans.
Section 3 of Act X of 1879 only provides for the recovery in this way of the principal sum advanced. Section 5of the Bill supplies this omission by providing that interest and costs (if any) may be recovered as arrear of land-revenue in the same manner as the principal.
Secondly:- Act X of 1879 extends to certain limited areas, namely the North Western Province and Oudh, the Punjab, the Central Provinces, Assam and Ajmer. At present there is no law in force in Bengal and Coorg under which advances of the nature of those with which the Act deals can be made. There are provisions relating to such advances in the laws in force in Bombay, Madras and British Burma; but the Local Government of Bombay and Madras are authorised to accept the extension of Northern India Act to their provinces; and the Chief Commissioner of British Burma says that if that Act is not extended in his province, it will be necessary to amend the law at present in force there in order to provide for the recovery of interest on advances. Provision has, therefore, been made in Section 2of the Bill empowering any Local Government, if it thinks fit, to extend the Act to the whole or any part of the territories under its administration.
Thirdly:- A new Section 6 has at the request of the Punjab Government been inserted in the Bill similar to Section 9 of the Land Improvement Loans Act, 1883, recognising the principle of making loans on the joint responsibilities of village communities.
Lastly:- As the term "Takkavi" is, it is understood, applied in some parts of India to advances of the nature of those to which the Land Improvement Loans Act relates, it is proposed to alter the present title and to style the new Act The Agriculturists' Loans Act'". -Gazette of India, 1884, Part V, page 2. act how affected by subsequent legislation -Amended by Acts 8 (VIII) of 1906 and 4 of 1914. " (in Andhra Pradesh) by Andhra Pradesh Act 19 of 19V. " (in Maharashtra) by Bombay Acts 6 of 1949; 27 of 1958; Maha. Act 38 of 1965;. " (in Coorg) by Coorg Act 3 of 1936. " (in Madliya Pradesh) by C. P. and Berar Acts 6 of 1946; 34 of 1947; 54 of 1949; M. P. Act 23 of 1958. " (in Madras) by Madras Act 16 of 1935. " (in Orissa) by Orissa Act 6 of 1937. " (in U. P.) by U. P. Acts 12 of 1934; 12 of 1948. -Adapted by A. 0., 1937; A. C. A. 0. 1948; A. L. 0., 1950; 2 A. L. 0. 1956; Guj. A. L. (8th Am.) 0. 1961 and Maha. A. L. (Am.) 0. 1961; -Extended by A. P. Act 19 of 1958. " By Assam Act of 1963. " By Reg. 12 of 1962. " By Bombay Act 4 of 1950. " To Dadra and Nagar Haveli by notificatian G.S.R. 1638, dated 3-12-1962 under S. 10 of Act 35 of 1961 Laccadive Minicoy and Amindivi Islands, by Reg. 8 of 1965 (now known as Lakshadweep islands - See Act 34 of 1973, S. 3 (1-11-1973). " By M. P. Acts 12 of 1950 and 23 of 1958. " Madras Act 35 of 1949 and Madras Act 22 of 1957. " Orissa Act 4 of 1950. " Punjab Act 5 of 1950 and Punj. Act 5 of 1957. -Repealed in part by Act I of 1938; " (in U. P.) by U. P. Act 12 of 1922. " (Malabar) by Ker. 6 of Act 27 of 1961, S. 43. " Born. and Mad. Area, and Coorg and Bellary District by Mys. Act 17 of 1963, S. 11. " (in Vidarbha Region) by Born. Act 27 of 1958. " in Abu and Ajmer Areas by Raj. Act I of 1957.
An Act to amend the provide for the extension of the Northern India Takkavi Act, 1879"
WHEREAS it is expedient to amend the Northern India Takkavi Act, 1879, 2and provide for its extension to C[certain other areas]; It is hereby enacted as follows:
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