THE PUNJAB BACKWARD CLASSES (GRANTS OF LOANS) ACT, 1957

1957 Pb. Act XVII] BAcKwap GRANTS oF Laws) Asses 443 THE PUNJAB BACKWARD CLASSE CT, 1987, S (GRANTS OF LOANS) TABLE OF CONTENTS Sections. 1. Ww a ee a k o 10. Il. 13, 14, Short tithe, extent and commencement, Definitions, Limit of Loan. Procedure for sanctioning loans. Security ior repayment of loans, Agreement to be executed by applicant, Loan how repayable, Inspection and supply of information, Consequences of failure by borrower to comply with an order made or to furnish information required under section 8. Appeal. Mode of recovery, Finality of decision of Government. Legal proceedings, Power to make rules. a Act XVII] BAcKWaRD CLassrs (Grants 445 1957: Pb oF Laws) JAB BACKWARD CLASSES (GRANTS THE PUNJAB UOANS) ACT, 1957. punjab Act No. XVII of 1957.: ed the assent of the Governor of Punjab on eceiV ; 7 . a muuly, 1957, and first published for general informa- i in the — Puijab Government Gazette (E: traordinary) 10 "4 | 2 3 sO 4 | No.’ Short title Whether repealed or otherwise Year ° . affected by legislation 1957 XVII The Punjab Backward | Amended by the Punjab Reorganisa- ‘ ‘ Classes (Grants of tion (Chandigarh)(Adaptation of ' Loans) Act, 1957 ‘| Laws on State and Concurrent + | ‘ Subjects) Order, 1968 AN ACT fo provide for the extension of loan facilities to persons belonging to Backward Classes in the State of Punjab. BE it enacied by the Legis! a . t gislature of the State of Punjab 'n the Eighth Year of the Republic of India as follows :— 1. (1) This Act ma ' k- Short title, exten: y be called the Punjab Bac Ward Classes (Grant of Loans) Act, 1957. = aaa (2) It ext - ag | of Chan digarh] to the whole of the [Union territory "For Stat . °rdinary), 1957. or Objects and Reasons, see Punjab Government Gazette (Extra- 2 c ' - Substitur; : (Changi tituted for th 6é . Ty » . . ‘ garh ¢ words “State of Punjab” by the Punjab Reorganisation Adaptation of Laws on State and Concurrent Subjects) Order, 1968, 446 BACKWARD CLAssEs (GRANTS 19$7 . | OF Laws) (1957 : Pp, Act XViy (3) It shall come into force at Once. Definitions, 2. In this Act, unless the contex; otherw; quires,— se (a) “Backward Classes” means pers to the Scheduled Castes PCtSons Celongin Tribes as notified in the Scheduled ‘¢ by Government to be Backward “Colared from time to time : . (6) “borrower” means an individual belonging to a backward Class to whom a Joan has b granted under this Act : ren (c) “Controlling Authority” means the authority . appointed by the Government by notifica- ton in the official Gazette to be competent fo-sanction a loan under the powers conferred by this Act and to fake such steps as are necessary for the enforcement of the provisions . . of this Act. (d) “Government” means the *{Central Govern- ment], (2) “the loan” means interest-free loan granted by the Government to a borrower ; (f) “prescribed” means prescribed by rules made under this Act, Limit of loan, 3. The amount of loan which may be granjed io borrower ‘under this Act shall not exceed two t ous rupees. by the Punjab ‘Substituted for the words “Government of the State of Punjab” Subjects) Reorganisation (Chandigarh)(Adaptation of Laws on State and Concurrent Order, 1968, yr 4. Pb. Act XVII] BACKWARD CLasses (GRANTS 1957 OF LAWs) (GRANTS 447 4. (1) Any person belonging to the Backward Classes may submit to the Controlling Authority an ap- ication 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 re- payment of the loan, if granted to him, is proposed. (2) The Controlling Authority, if satisfied that the applicant is a person belonging 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, (1) When an application for loan has _ been sanctioned, the applicant shall execute a bond in the prescribed form undertaking to apply the money lent to the purpose or purposes for which, and to fulfil the con- ditions on which, the loan has been sanctioned. (2) For the loan so sanctioned, the applicant shall furnish One surety, and the person 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 in making or recovering the loan : Provided that the Controlling Authority may in any case exempt the applicant from furnishing a surety. 6. When the application for a loan has been sanc- tioned the applicant shall execute a bond in the pres- cribed form undertaking to apply the money to the pur- pose or purposes for which, and to fulfil the conditions on which, the Joan is granted and shall undertake that if it is not used for such purposes or if there is any breach Of such conditions, the amount of the loan shall be re- coverable from him in the prescribed manner. 7. The loan shall be repayable by the borrower in 20 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. — Procedure for sanctioning loans. Security for;re ment of loans Agreement to be executed by applicant. Loan how repayable. Inspection and supply of intormation. Co: uences of faite by borrower to comply with an order made or to furnish information Tequired under section 8. Appeal. Mode of recovery, (5) to furnish any information which the 10. Within six weeks of the receipt of the ‘l. (1) When the loan or an instalmen’ falls due and is not paid on or before. the’ aa when the loan has been declared immediately BACKWARD CLASSES (GRANTS [1957 . ; Bac OF LAws) Pb. Ac Xvi 8. Any borrower who makes default in ‘the ment of the loan or any instalments thereof shitPay, bound— all, a) to comply with any genera] Of grits (a) of the Controlling Authority relating © inspection of the premises, buildings, hate e and stock in hand purchased or hire. ery borrower with the aid of the loan grantey the him ; and . @ to trolling Authority may require jp eo of the purpose oF Purposes for which the loae was granted or of the manner In which the loan has been or is being utilised... (i) to comply with any order_made. or ~to-furnish information required under section 8, or. 9. If the borrower fails without “reasonab ua, oily - (zi) if the Controlling Authority, after. inspection provided for in section. 8 or otherwise, is Satisfied that the money lent is ‘not being ap- plied to the purpose or purposes for which it was lent or that.any condition on. which it was granted is not being duly fulfilled, ae Controlling Authority may declare, not with standing anything ‘contained in the. er executed by the borrower, ‘that the Joan shi be immediately recoverable agains there? da te, 0 yera and ‘shall give . Ti ‘ notice of ‘such declaration to the borrowe | | notice . om : t the under section 9, the borrower may appeal Oe Govert declaration of the Controlling Authority to : os shall be ment, and the decision of the Government thereon | f BACKWARD CLASSES (GRA act XV] POE Laws) (GRANTS 449 ygs7 PP . and subject to the order made on appeal ynder sectioO coding section, the Controlling Authority nde! the ' setved on the borrower, a notice calling use he sums due within such time and to may “to pay | jm ch officer a8 MAY 5 . case of default in complying with such notice, 's pecified in the notice including costs, if any jhe sum the Government may be realized as arrears rred by The decision of. the Government as to whether conditions laid down 1n or under any of the provisions thes Act have been satisfied shall be final, and no suits 7 1] be brought in any civil court to set aside or modify sha de thereunder, nor shall the same be order ma é any tioned by any court of law in any proceedings whatsoever. 13. No prosecution, suit or other proceedings shall lie against the Government or any officer or authority yested with powers under this Act for anything in good faith done oF intended to be done thereunder. 14. (1) The Government may make rules consistent with this Act for the carrying out of all or any of its pur- poses. (2) In particular and without prejudice to the generality of the foregoing power, the Government 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 ; (i’) the mode in which payment of loans is to be made to borrowers ; (iii) the forms of notices ¢ tions to be made by the and be fixed therein. o be given or declara- Controlling Authority; (iv) the purpdses for which Joans may be sanctioned under this Act. Finality of decision of Government. Legal proceeding Power to make rules.