The Land Improvement Loans Act, 1883
The Land Improvement Loans Act, 1883, Act No. 19 of 1883, dated 12 October 1883, is a central primary law governing Government loans for agricultural land improvements. The supplied text does not name an issuing department, and commencement in each covered territory depends on a State Government notification in the Official Gazette. The text records amendments and territorial changes in several states, but does not identify a Tamil Nadu amendment.
What the Act governs
The Land Improvement Loans Act, 1883 allows authorised officers to grant Government loans for works that increase the letting value of land. A loan may be granted to a person entitled to make the improvement, or to another person with that person's consent.
The Land Improvement Loans Act, 1883 repealed the Land Improvement Act, 1871 and Act XXI of 1876, except for recovering earlier advances and related Government costs.
Improvements covered
Loans may support:
- Wells, tanks and works for storing, supplying or distributing water for agriculture, agricultural workers or cattle.
- Preparation of land for irrigation.
- Drainage, reclamation from water, and protection of agricultural or cultivable wasteland from floods, erosion or water damage.
- Reclamation, clearance, enclosure or permanent agricultural improvement of land.
- Renewal, reconstruction, alteration or extension of these works.
- Other works declared by the State Government through an Official Gazette notification.
Applications and repayment
The Land Improvement Loans Act, 1883 permits the officer considering an application to publish notice and invite objections. The officer must decide each objection in writing. Proceedings must be postponed if an objection raises a question that, in the officer's opinion, can only be satisfactorily decided by a Civil Court.
Loans are repayable by instalments within a period fixed by rules. That period should not ordinarily exceed thirty-five years, although the rules may provide otherwise after considering the durability of the work and who will benefit from it.
Recovery and effect on land
Amounts due, including any interest and costs, may be recovered by the Collector:
- From the borrower or surety as arrears of land revenue.
- From the land benefited by the loan.
- From property given as collateral security.
Recovery from the benefited land generally cannot affect interests created before the loan order, subject to the specific exceptions stated for the borrower, consenting person, mortgagees and charge holders. A written loan order is conclusive for the Act's purposes that the work qualifies as an improvement, the named person had the right to make it, and the specified land benefits.
Land revenue assessment
An increase in value resulting from a loan-funded improvement is generally excluded when revising land revenue assessment. Special treatment may apply to reclaimed wasteland and land changed from unirrigated assessment after a period fixed by State Government rules.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Can a Government improvement loan be recovered from the land itself?
Yes. Amounts due may be recovered from the land for whose benefit the loan was granted, as if they were arrears of land revenue due on that land.
Does an earlier interest in the land remain protected?
Recovery from the benefited land generally cannot affect an interest that existed before the loan order. The Act states specific exceptions involving the borrower, a person who consented to the loan, and mortgagees or charge holders connected with their interests.
What is the repayment period for a land improvement loan?
The period is fixed by rules and should not ordinarily exceed thirty-five years. The supplied text does not state a particular interest rate or instalment schedule.
Does the supplied text confirm that the Act commenced in Tamil Nadu?
No. The Act says it comes into force in a covered territory on a date appointed by the State Government through an Official Gazette notification, but the supplied text does not provide a Tamil Nadu commencement notification.
