Act Number: 18

Act Name: The Central Provinces Land-Revenue Act, 1881

Year: 1881

Enactment Date: 1881-06-08

Long Title: An Act to consolidate and amend the law relating to Land-revenue and the powers of Revenue-officers in the Central Provinces.

Ministry: Ministry of Home Affairs

Department: Department of States

Section 94: Processes for recovery of arrears.
    An arrear payable directly to Government may be recovered by anyone or more of the following processes:—
        (a) by arresting the defaulter and imprisoning him in the civil jail;
        (b) by attaching and selling his moveable property;
        (c) by attaching the mahal in respect of which the arrear has accrued or the share or land of any malguzar who has not paid the portion of the revenue which, as between him and the other malguzars, is payable by him, and taking the same mahal, share or land under direct management;
        (d) by transferring the share or land of any malguzar who has not paid such portion to any malguzar who has paid the same, or, if every such malguzar declines to accept such share or land, to any person having a mortgage or charge upon the same, and who consents to accept it;
        (e) by annulling the settlement of the mahal in respect of which the arrear has accrued, and taking such mahal under direct management or farming the same;
        (f) by selling such mahal, or the share or land of any malguzar who has not paid the portion of the revenue aforesaid;
        (g) by selling immoveable property belonging to the defaulter other than the land in respect of which the arrear has accrued:
    Provided as follows:—
    (1) the process mentioned in clause (a) shall not be issued against any female, minor, lunatic or idiot;
    (2) the processes mentioned in clauses (d), (e), (f) and (g) shall not be enforced without the previous sanction of the Chief Commissioner;
    (3) No land shall be sold, and the settlement of no land shall be annulled, on account of an arrear accruing in respect of land whilst it is under attachment, or under charge of the Superintendent of Government Wards, or held under direct management, or let in farm in accordance with any of the provisions of this Act. The processes specified in clauses (a), (b) and (g) may be enforced either in the district in which the default has been made, or in any other district.
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