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Land Improvement Loans Act, 1883 6.Period for repayment of loans.:- (1) Every loan granted under this Act shall be made repayable by instalments (in the form of an annuity or otherwise), within such period from the date of the actual advance of the loan, or when the loan is advanced in instalments, {Subs. by Act 18 of 1899, s.2, for "from the date of the actual advance of the last instalment".} [from the date of the advance of the last instalment actually paid] as may, from time to time, be fixed by the rules made under this Act. (2) The period fixed as aforesaid shall not ordinarily exceed thirty-five years. (3) The State Government {The words "and G.G.in C." rep.by Act 8 of 1906, s.3.} in making {The words "and sanctioning" rep.by s.3, ibid.} the rules fixing the period, shall, in considering whether the period should extent to thirty-five years, or whether it should extend beyond thirty-five years, have regard to the durability of the work for the purpose of which the loan is granted, and to the expediency of the cost of the work being paid by the generation of persons who will immediately benefit by the work. Comment: "It is plain upon its terms, that the provisions of S. 6 (e) are not obligatory. It is an enabling provision. It provides that all amounts due under the Land Improvement Loans Act, shall, notwithstanding anything contained therein, become due 'forthwith', upon the vesting of the zamindari rights. It then lays down that such dues may, without prejudice to any other mode of recovery provided therefor , be realised by deducting the amount from the compensation money payable to such intermediary. It, therefore, provides an additional mode of recovery for realisation of the dues. The word 'may' in S. 6 (e) clearly indicates that the Government has the option to fall back upon the compensation amount. It does not entail in the consequence that the mode indicated in S. 6 (e) is the one and the only mode available." Indu Bhushan Gupta v. State of U.P. AIR 1979 SUPREME COURT 1857    |
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