MINISTRY OF HOME AFFAIRS NOTIFICATION.
New Delhi, the 9th May 1962 G S R . 679.—In exercise of the powers conferred by section 2 of the Union territories (Laws) Act, 1950 (30 of 1950), the Central Government hereby extends to the Union Territory of Manipur, the Punjab Backward Classes (Grant of Loans) Act, 1957 (17 of 1957), subject to the following modifications, namely: — ; Modifications In the said Act,— 1 For the word 'Government' wherever it occurs except in clause (e) of sec tion'2 and section 13, the words 'Chief Commissioner' shall be substituted.
2. In section 1, for sub-section (2), the following sub-section shall be substitut ed, namely:— • . ..
"(2) It extends to the whole of the Union Territory of Manmur.
3. In section 2,—
(i) after clause (b), the following clause shall be inserted, namely:— "(bb) 'Chief Commissioner' means the Chief Commissioner of Manipur.";
(ii) in clause (c), for the words "Official Gazette", the words "Maniour Gazette" shall be substituted;
(iii) clause (d) shall be omitted;
(iv) for clause (e), the following clause shall be substituted, name ly : - ••(e) "loan' means loan granted by the Government to a borrower and includes interest thereon."
4 In section 3, the words "and shall bear interest at such rate as may be ^ T t t c t S n \ £ S 2 « J 5 t t after clause (i), the following clause shall bG * ! £ ? £ £ £ merest chargeable on the loans sanctioned under this Act;"
ANNEXURE «.™-w,ADr, r r A ^ E S (GRANT OF LOANS) ACT, 1957, AS THE PUNJ^BACK^AgD^CLA^E^ g g g f o g Q F MMPV* AN ACT •I* for the extension of loan facilities to persons belonging to Backward to povide for the extensi0n a°lses in 'the state of Punjab.
Be it enacted by the Legislature of the State of Punjab M the Eighth Year of tt. Republic of India as follows:- 1 Short title, extent and eommeneemeut.-d) Tni* Act m.y Punjab Backward Classes (Grant of Loans) Act, 1957.
(2) It extends to the whole of the Union territory of Manipur.
(3) It shall come into force at once.
J In this Act unless, the context/Definitions otherwise requi res : - j . m wis n*. £ 1 ? - - ^a , , , Dereors belonging to the Scheduled Castes &E8nJ oSSfaĝ bSsss "t s u s s SBS U* U» IB] "b'°.™v"r' means an- individual belonging to a backward class to ••vham a loan lias been Banted nnder ibis Act;
2
(bb) "Chief Commissioner" means the Chief Commissioner of Manipur;
(c) "Controlling Authority" means the authority appointed by the Chief Commissioner by notification in the Manipur Gazette to be competent to sanction a loan under the powers conferred by this Act and to take such steps as are necessary for the enforcement of the provisions of this Act;
(A\ * * * • * # * * •
(e) "the loan" means loan granted by the Government to a borrower and includes interest thereon;
(f) "Prescribed" means prescribed by rules made under this Act.
3, Limit of Loan.—The amount of loan which may be granted to a borrower under this Act shall not exceed two thousand rupees and shall bear interest at such rats as may be prescribed.
4. Procedure for sanctioning: loans.—(1) Any person belonging to the Backward Classes may submit to the Controlling Authority an application in the prescribed form supported by an affidavit stating the amount of loan desired by him, the purpose "for which it is desired and the manner in which the repayment of t h e loan, if granted to him, is proposed.
(2) The Controlling Authority if satisfied that the applicant is a person belong ing to the Backward Classes, may sanction the loan to the extent of the amount stated in the application or any lesser amount subject to a maximum of two.
thousand rupees in each case, 5 Security for repayment of loans.—(1) When an application for loan has been sanctioned, the applicant shall execute a bdnd in the prescribed form undertaking lo apply, the money lent to the purpose or purposes for which and to fulfil the conditions en which, the loan has been sanctioned.
(•>) For the loan so sanctioned the applicant shall furnish one surety and the;
oerson and property of the applicant as well as of the surety shall be liable for the^repayment of the loan and costs, if any, incurred m making or recovering the loan;
Provided that the Controlling Authority may in any case exempt the applicant from furnishing a surety.
rt agreement to be executed by applicant.—When the application for a loanhas "beeo sanctioned the applicant shall execute a bond in the prescribed form mrlPrtakim' to apply the money to the purpose or purposes for whjch, and to ftulfffi^ittSt^tei^lli<ili the loan is granted and shall undertake that if it is not used for =uch purposes or if there is any breach of such conditions, the amount of the loan shall be recoverable from him in the prescribed manner.
7, Loan how repayable.—The loan shall be repayable by the borrower in 2U- half-yearly equated" instalments:
Provided that the repayment of instalments shall commence on the expiry of four years from the date of payment of the loan.
a Infection and supply of information.—Any borrower who makes default in.
the 3 3 oJ! the loan or any instalments thereof shall be bound : - Art tn rnmnlv with any general or special order of the Controlling Author-
(a) W J J W inspection of the premises, buildings, .machinery and s i c k in hand purchased or hired by the borrower with the aial of the loan granted to him; and m tn furnish any information which the Controlling Authority may r e - ( } on re n S e c t of the purpose or purposes for which the loan was, grantedLor S! the manner In which the loan has been or is being.
utilised.
,, ni f.Hiifo hv liorrower to comply with an order made or to- ^ J ^ S S S l e S S l S f l S F S S B * « ^ & borrower fails without reasonable cause:— Ci) to conmly with any older made or to f i n i s h information required!
iinder section 3 or _ . ^ $B 3 to the purpose or purposes for which it was lent or that any condition on which it was granted is not being duly fulfilled, the "Controlling Authority may declare notwithstanding anything contained in the bond executed by the borrower that the loan shall be immediately recoverable and shall give notice of such declaration to the borrower.
10. Appeal.—Within six weeks of the receipt of the notice under section 9, the borrower may appeal against the declaration of the Controlling Authority to the Chief Commissioner and the decision of the Chief Commissioner thereon shall be final.
t.
11. Mode of recovery.—(1) When the loan or an instalment thereof falls due and is not paid on or before the due date, or when the loan has been declared im mediately recoverable under section 9, and subject to the order made on appeal under the preceding section, the Controlling Authority may cause to be served on the borrower, a notice calling upon him to pay the sums due within such time and to such officer as may be fixed therein.
^2) In the case of default in complying with such notice the sums specified in the notice including costs, if any, incurred by the Chief Commissioner may be realized as arrears of land revenue.
12. Finality of decision o( Chief Commissioner.—The decision of the Chief Commissioner as to whether the conditions laid down in. or under any of the provisions of this Act have been satisfied shall be final, and no suit shall be brought in any civil court to set aside or modify any order made thereunder, nor shall the same be questioned by any court of law in any proceedings whatsoever.
13. Legal proceedings.—No prosecution, suit or other proceedings shall, lie against the Government or any officer or authority vested with powers under this Act for anything in good faith done or intended to be done thereunder.
14. Power to make rules.—(1) The Chief Commissioner may make rules con sistent with this Act for the carrying out of all or any of its purposes.
(2) In particular and without prejudice to the generality of the foregoing power the Chief Commissioner may make rules regulating or determining all or any of the following matters, namely:—
(i) the forms of the applications to be made and deeds to be executed in respect of loans;
(ia) the rate of interest chargeable on the loans sanctioned under this Act;
(ii) the mode in which payment of loans is to be made to borrowers;
(iii) to forms of notices to be given or declarations to be made by the Controlling Authority; and
(iv) the purposes for which loans may be sanctioned under this Act.
| \ [No. F. 5/6/61-JudL II/UTL-43.]
P. N. KAUL, By. Secy.
GMGIPND—DME—i 50HA JCiOA i>—J;> r ^—250