Assam Displaced Persons (Rehabilitation Loans) Act, 1951
No: 16 Dated: Jun, 20 1951
The Assam Displaced Persons (Rehabilitation Loans) Act, 1951
Assam Act 16 of 1951
An Act to provide for loans to displaced persons for their rehabilitation
Where as it is expedient to provide for the grant and recovery of loans to displaced persons for their rehabilitation;
It is hereby enacted as follows:
1. Short title, extent and commencement. - (1) This Act may be called the Assam Displaced Persons (Rehabilitation Loans) Act, 1951.
(2) It extends to the whole of Assam.
(3) It shall come into force at once.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context,-
(a) "Borrower" means a displaced person, to whom a loan has been granted under this Act and includes the heirs, successors, assigns and the sureties of a borrower;
(b) "Deputy Commissioner" means the Deputy Commissioner of the District;
(c) "Displaced person" means -
(i) a person who on account of the partition of India or on account of civil disturbances in area now forming part of India or Pakistan has been displaced from or compelled to leave the place of residence in such area on or after the prescribed date and who has subsequently been residing in India, and is in distress ;
(ii) an association, corporated or incorporated, formed by several such persons as defined in (i) above;
(d) "Government" means the Government of the State of Assam;
(e) "Loan" means a loan granted or deemed under the provisions of this Act either in each or in kind or partly in cash and partly in kind;
(f) "Relief and Rehabilitation Commissioner" means an officer appointed as such by the Government;
(g) "prescribed" means prescribed by rules under this Act;
(h) "Sanctioning Authority" means the authority who sanctions a loan;
(i) "Prescribed date"-
(1) in relation to a person displaced from or completed to leave his place of residence in the district of Noakhali or the district of Commilla now forming part of East Bengal, means the 1st day of October, 1946,
(2) in relation to a person displaced from or compelled to leave his place of residence in any other area now forming part of East Pakistan, means the 1st day of June, 1947,
(3) in relation to a person displaced from or compelled to leave his place of residence in any area now forming part of East Pakistan, means the 1st day of March, 1947,
(4) in relation to a person displaced or compelled to leave his place of residence in any area now forming part of India, means the 1st day of January, 1953.
3. Application for loan. - A displaced person may submit to the Deputy Commissioner within whose jurisdiction he intends to reside or to carry on his trade, profession or calling, an application for loan on such form as may be prescribed.
4. Grant of loans. - (1) The Deputy Commissioner or such other officer as may be empowered by the Government in this behalf may, subject to any general or special direction of the Government, sanction loans, not exceeding such limit as may be fixed by the Government from time to time.
(2) The Relief and Rehabilitation Commissioner may, subject to any general or special direction of the Government, sanction loans not exceeding such limits as may be fixed by the Government.
The Deputy Commissioner shall forward to the Relief and Rehabilitation Commissioner with his remarks that such applications require loans exceeding the amount he is authorised to sanction.
5. Execution of loan bond. - Before receiving payment of the loan the borrower shall execute a bond in the prescribed form undertaking to apply the money for the purpose for which, and to comply with the terms and conditions on which the loan is sanctioned.
6. Security for loans. - (1) All assets purchased with or created from the loan shall be deemed to be mortgaged or hypothecated, as the case may be, to Government for the repayment of the loan with interest due thereon and the amount of the loan and the interest thereon shall be in the first charge on such assets.
(2) Subject to sub-section (1) above, the borrower shall not without the prior approval of the sanctioning authority mortgage, convey or otherwise transfer any of his interests in the whole or any part of the assets purchased with or created from the loan:
Provided that nothing in this section shall affect the borrower's right to sell such articles of his stock-in-trade as are meant for sale to customers in the normal course of business.
7. Inspection of assets. - Any person authorised in this behalf by the sanctioning authority may enter any place or premises for inspecting any land, constructions, machineries, appliances, materials or stock-in-trade purchased, hired or created or proposed to be purchased, hired or created by any borrower with the loan granted to him.