The Himachal Pradesh Distressed Persons (Facilities for Loans) Act, 1976

THE HIMACHAL PRADESH DISTRESSED PERSONS (FACILITIES 
FOR LOANS) ACT, 1976 
ARRANGEMENT OF SECTIONS 
Sections: 
1.  Short title, extent and commencement. 
2.  Definitions. 
3.  Power of State Government to make rules for grant of loans and 
their recovery. 
4.  Recovery of loans as arrears of land revenue. 
5.  Liability of joint-borrowers as among themselves. 
6.  Rule making power. 
7.  Repeal and savings. 
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THE HIMACHAL PRADESH DISTRESSED PERSONS (FACILITIES 
FOR LOANS) ACT, 1976 
(ACT NO. 18 OF 1976) 1 
(Received the assent of the Governor on the 30 th  April, 1976 and was 
published in the Rajpatra, Himachal Pradesh (Extra- ordinary), dated the 4 th  
May, 1976, pp. 1201-1204). 
An Act to provide for extention of loan facilities to distressed person in 
certain cases. 
BE it enacted by the Legislative Assembly of Himachal  Pradesh in the 
Twenty-seventh Year of the Republic of India, as follows:- 
1. Short title, extent and commencement.- (1) This Act may be called 
the Himachal Pradesh Distress Persons (Facilities for Loans) Act, 1976. 
(2) It extends to the whole of Himachal Pradesh. 
(3) It shall come into force at once. 
2. Definitions.- In this Act, unless the context otherwise requires,- 
(a)  "Official Gazette" means the Rajpatra, Himachal Pradesh; and 
(b) "State Government" means the Government of Hima chal 
Pradesh. 
3. Power of State Government to make rules for gran t of loans and 
their recovery.- The State Government may, from time to time, by 
                                                 
1. For Statement of Objects and Reasons see the Raj patra, Himachal Pradesh 
(Extra-ordinary), dated 8 th  March, 1976, p. 833. For its Authoritative Hindi T ext 
see the Rajpatra, Himachal Pradesh (Extra-ordinary) , dated 25 th  March, 1994, 
pp. 442-444. 
THE HIMACHAL PRADESH DISTRESSED PERSONS (FACILITIES  
FOR LOANS) ACT, 1976  
2 
notification in the Official Gazette, make rules as  to the grant of loans and 
their recovery to be made, to persons affected by d istress caused by 
calamities, such as floods, epidemics, famine, eart hquakes, land-slides, 
avalanches, snow-storms, hail-storms, fire, severe drought, excessive rains, 
wind storm, lightening and electric shock and locusts. 
4. Recovery of loans as arrears of land revenue.- Every loan made 
in accordance with rules made under this Act, all i nterest chargeable thereon, 
and costs, if any, incurred in making or recovering  the same, shall when they 
become due, be recoverable from the person to whom the loan was made or 
from any person, who has become surety for the repa yment thereof as if they 
were arrears of land revenue. 
5. Liability of joint borrowers as among themselves .- When a loan 
is made under this Act to two or more persons on su ch terms and conditions 
that all of them are jointly and severally bound to  the State Government for 
the payment of the whole amount payable in respect thereof, and a statement 
showing the portion of that amount which as among themselves each is bound 
to contribute, is entered upon the order granting t he loan and is signed, 
marked, or sealed by each of them or his agent duly  authorised in this behalf 
and by the officer making the order, that statement  shall be conclusive 
evidence of the portion of that amount which as amo ng themselves each of 
these persons is bound to contribute. 
6. Rule making power.- (1) The State Government may subject to 
the condition of previous publication, make rules f or the purpose of giving 
effect to the provisions of this Act. 
(2) Every rule made under this section shall be laid, as soon as may be 
after it is made, before the Legislative Assembly w hile it is in session for a 
total period of not less than fourteen days which m ay be comprised in one 
session or in two or more successive sessions and i f before the expiry of the 
session in which it is so laid or the sessions afor esaid, the Assembly makes 
any modification in the rule or decides that the ru le should not be made, the 
rule shall thereafter have effect only in such modi fied form or be of no effect, 
as the case may be, so, however, that any such modi fication or annulment 
shall be without prejudice to the validity of anyth ing previously done under 
that rule. 
7. Repeal and savings.- The Punjab Distressed Persons (Facilities for 
Loans) Act, 1958, (11 of 1958), in its application to the territories added to 
Himachal Pradesh under section 5 of the Punjab Re-o rganisation Act, 1966, 
(31 of 1966), is hereby repealed: 
Provided that anything done, action taken, rules ma de or notification 
issued in exercise of the powers conferred by or un der the provisions of the 
Act so repealed to the extent of their being consis tent with the provisions of 
this Act shall be deemed to have been done, taken, made or exercise of the 
powers conferred by or under this Act, as if this A ct was in force on the day 
on which such thing was done, action taken, rules made or notification issued. 
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