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Land Improvement Loans Act, 1883

7.Recovery of loans :-

(1) Subject to such rules as may be made under section 10, all loans granted under this Act, all interest (if any) chargeable thereon, and costs (if any) incurred in making the same, shall, when they become due, be recoverable by the Collector in all or any of the following modes, namely:---

(a) from the borrower--as if they were arrears of loans-revenue due by him;

(b) form his surety (if any )---as if they were arrears of land revenue due by him;

(c) out of the land for the benefit of which the loan has been granted--as if the were arrears of land-revenue due in respect of that land;

(d) out of the property comprised in the collateral security (If any)--according to the procedure for the realization of land-revenue by the sale of immovable property other than the land on which that revenue is due.

Provided that no proceeding in respect in any land under clause(c) shall affect (c) shall affect any interest in that land which existed before the date of the order granting the loan other than the interest of the borrower and of mortgagees of, or persons having charges on, that interest, and where the loan is granted under section 4 with the contest of another person, the interest of that person and of mortgagees of, or person having charges on, that interest.

(2) When any sum due on account of any such loan, interest or costs is paid to the Collector by a surety or an owner of property comprised in any collateral security, or is recovered under sub-section (1) by the Collector from a surety or out of any such property, the Collector shall, on the application of the surety or the owner of that property (as the case may be), recover that sum on his behalf from the borrower, or out of the land for the benefit of which the loan has been granted, in manner provided by sub-section (1).

(3) It shall be in the discretion of a Collector acting under this section to determine the order in which he will resort to the various modes of recovery permitted by it.

Land Improvement Loans Act, 1883 Back

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