The Gujarat Non-Agriculturists Loans Act, 1928

THE GUJARAT NON-AGRICULTURISTS LOANS ACT, 1928. 
BOMBAY ACT No. III OF 1928. 
.................................... 
CONTENTS 
PREAMBLE PAGE 
 NO. 
SECTIONS. 
1. Short title.   1 
2. Extent.    1 
3. Purpose for which loans may be granted. 1 
4. Loans already granted to be deemed to have been granted 1 
 under Act. 
5. Recovery of loans.  1 
6. Power to make rules.                                                1 
BOMBAY ACT No. III OF 1928.1 
[THE GUJARAT NON- AGRICULTURISTS’ LOANS ACT, 1928.] 
[30th March 1928] 
Amended by Bom. 11 of 1928. 
Adapted and modified by the Adaptation of Indian Laws Order in Council. 
Amended by Bom. 6 of 1949. 
An Act to provide for the grant of loans by Government to non-agriculturists 2[for 
certain purposes] and for the recovery of such loans. 
WHEREAS it is expedient to p rovide for the grant of loans by Government to non -
agriculturists 2[for certain purposes] and for the recovery of such loans in manner here in 
after appearing; 
And whereas the previous sanction of the Governor -General required by sub -section (3) 
of section 80A and the previous sanction of the Governor required by section 80C of the 
Government of India Act have been obtained for the passing of this 
Act ; It is hereby enacted as follows :- 
1. This Act may be called the 2A[Gujarat] Non-Agriculturists’ Loans Act, 1928. 
2. Section 1 and this section extend to the whole of the Bombay Presidency. The 
rest of the Act may be extended by the 3[Provincial Government] by notification 
in the 4[Official Gazette] to any part of the Presidency f rom such date as may be 
specified in such notification. 
+3. Subject to such rules as may be made under section 6, loans may be granted 
under this Act 5[for erecting, rebuilding or repairing houses, for building or 
repairing boats] or for the relief of distress to any person to whom a loan under 
the 6Agriculturists’ Loans Act, 1884, cannot be granted. 
4. All loans granted after the 1st day of August, 1927 to such persons as are referred 
to in section 3 for the purpose mentioned therein shall be deemed to be loans 
granted under this Act. 
5. 7* All loans granted or deemed to have been granted under this Act, together with 
all interest (if any) chargeable thereon, and costs ( if any) incurred in making or 
recovering the same shall be recoverable at the discretion of the Collector in any 
one or more of the following modes , namely :- 
 (a) from the borrower – as if they were arrears of land revenue due by him ; 
 (b) from his surety (if any) – as if they were arrears of land revenue due by 
him;  
 (c) out of the assets left by a deceased borrower or surety or out of t he 
property comprised in the collateral security (if any) – according to the 
procedure for the realization of land revenue by the sale of a defaulter’s 
moveable or immovable property other than the land on which that 
revenue is due; 
 (d) if the loan is for  the benefit of a house , out of such house , - as if it were 
arrears of land revenue due in respect of the land on which the house 
stands. 
8 6. (1) The 9[ Provincial Government ] may, from time to time , by notification 
in the 10[Official Gazette], make rules to carry out the purpose of this Act. 
 (2) In particular and without prejudice to the generality of the generality of 
the forgoing power, such rules may be made for the following matters, 
namely:- 
  (a) the manner of making applications for loans; 
  (b) the officers by whom loans may be granted; 
  (c) the nature of the security, if any, to be taken for the due 
application and repayment of the money, the rate of interest at 
which and the conditions under which the loans may be g ranted 
and the manner and term of granting loans; and 
  (d) the installments by which and the mode in which loans shall be 
repaid. 
5 & 6 Goe. V. 
c.61. 
Purpose for 
which loans may 
be granted. 
Loans already 
granted to be 
deemed to have 
been granted 
under Act. 
XII of 1884. 
Recovery of 
loans. 
Power to make 
rules. 
------------------ 
1. For Statement of Objects and Reasons, see Bombay Government Gazette, 1928, Pt. V, p. 7; and 
for proceedings in Council, see Bombay Legislative Council Debates, 1928, Vol. XXII. 
2. These words were substituted by Bom. 6 of 1949, s. 3. 
2A.        The word “Gujarat” was substituted for the word “Bombay” by Guj. 15 of 2011, s. 3. 
3. The words “Provincial Government” were substituted for the words “Local Government” by the 
Adaptation of India Laws Order in Council. 
4. The words “Official Gazette” were substituted for the words “Bombay Government Gazette”, by 
Bom. 6 of 1949, s. 3.. 
5. These words were substituted for the original by Bom. 6 of 1949, s. 4. 
6. See Central Acts. 
+. The provisions of section 3 to 6 have been extended to the district of West Khandesh with effect 
from 25th September 1944 [vide G. N., R. D., No. 10517/39, dated 25th September 1944]. 
7. The figure and brackets “ (1) ” were repealed by Bom. 11 of 1928, s. 3, and Second Schedule. 
8. For Rules under this section, see Government Notification in the Finance Department No. 6004 -
E, dated the 1st December 1930, published in the Bombay Governme nt Gazette, 1930, Part I, pp. 
2951-58. 
9. The words “Provincial Government” were substituted for the words “Local Government” by the 
Adaptation of Indian Laws Order in Council. 
10. The words “Official Gazette” were substituted for the words “Bombay Governm ent Gazette”, 
1930, Part I, pp. 2951-58. 
 

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