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THE UNITED PROVINCES REGULATION OF
AGRICULTURAL CREDIT ACT, 1940
(United Provinces Act No. XIV of 1940)
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THE UNITED PROVINCES REGULATION OF AGRICULTURAL
CREDIT ACT, 1940
Amended by
U.P. Act No. 13 of 1948 U.P. Act No. 29 of 1976 ————
UNITED PROVINCES ACT No. XIV OF 1940
[PREPARED BY HIS EXCELLENCY THE GOVERNOR OF THE UNITED
PROVINCES IN EXERCISE OF THE POWERS ASSUMED BY HIM BY THE
PROCLAMATION, DATED NOVEMBER 3, 1939, ISSUED UNDER SECTION 93 OF
THE GOVERNMENT OF INDIA ACT, 1935.]
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(Received the assent of the Governor General on December 21, 1940, and was published in the United Provinces Government Gazette, on December 28, 1940.) Preamble
An Act to prevent excessive borrowing by agriculturists WHEREAS It is expedient to prevent excessive borrowing by agriculturists and for this purpose to limit the amount that can be obtained by execution of decrees against agricultural produce and land and to restrict the voluntary alienation of land ; AND WHEREAS by the Proclamation, dated the third day of November, 1939, promulgated under section 93 of the Government of India Act, 1935, the Governor of the United Provinces has assumed to himself all powers vested by or under the aforesaid Act in the Provincial Legislature ;
AND WHEREAS the continuance in force of the said
Proclamation has been approved by a resolution of both Houses of Parliament ;
NOW, THEREFORE, the Governor in exercise of the powers aforesaid is pleased to make the following Act ;
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CHAPTER I
PRELIMINARY
Short title, extent and commencement
1. (1) This Act may be called "the United Provinces Regulation of Agricultural Credit Act, 1940."
(2) It extends to the whole of the United Provinces except the Jaunsar-Bawar pargana of the Dehra Dun district and the portion of the Mirzapur district, south of the Kaimur Range.
(3) It shall come into force on such date as the Governor may,
* by notification in the official Gazette, appoint.
Interpretation 2. In this Act, unless there is something repugnant in the subject or context,—
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* The Act come into force on January 1, 1941 vide notification no. 158(1)/I-39, dated December 23, 1940, published in the United Provinces Gazette, 1940, Part I, Page 822.
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[The United Provinces Regulation of Agricultural Credit Act, 1940]
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(1)1[ x x x ]
(2) "agricultural produce" means the agricultural produce of an agriculturist raised by him or by his servants or by labour hired by him and includes crops whether standing or gathered, and the fruit and flowers of trees and plants :
Agricultural produce
U. P. XVII of
1939
(3)1[ x x x ] (4)1[ x x x ] (5)1[ x x x ]
(6) "loan" means an advance, whether in cash or kind, made on or after the first day of June, 1940, and includes any transaction which is in substance a loan but does not include an advance by the Central or any Provincial Government, or by a local authority authorized by the Provincial Government to grant loans or by a co- operative society ;
Loan
(7)1[ x x x ] (8)1[ x x x ] (9)1[ x x x ] (10)1[ x x x ] (11)1[ x x x ] (12)1[ x x x ] (13)1[ x x x ]
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CHAPTER II
PROTECTED LAND
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CHAPTER III
EXECUTION OF DECREES
8. Notwithstanding anything in the Code of Civil Procedure,
1 908, not more than one-third of the agricultural produce of a judgment-debtor shall be liable to attachment in execution of any decree or decrees based on a loan or loans.
9. For the purposes of executing a decree based on a loan against the agricultural produce of a judgment-debtor, the word "six" in section 48 of the Code of Civil Procedure, 1908, shall be deemed to have been substituted for the word "twelve", wherever it occurs.
Amendment of section 8 of the Civil Procedure Code
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1 . Omitted by sec. 30 of U.P. Act No. 29 of 1 976.
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[The United Provinces Regulation of Agricultural Credit Act, 1940]
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CHAPTER IV
VOLUNTARY ALIENATION OF PROTECTED LAND
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CHAPTER V
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1 . Omitted by sec. 30 of U.P. Act No. 29 of 1 976.
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