Section 102 of The Central Provinces Land-Revenue Act, 1881
When it is proposed to execute the process mentioned in section ninety-four, clause (d), the persons to whom the share or land in respect of which the arrear is due is to be transferred shall be required to pay such arrear, or to secure its payment to the satisfaction of the Deputy Commissioner. No such transfer shall be made for a term exceeding fifteen years from the first day of the agricultural year next after the date on which it is sanctioned by the Chief Commissioner. Joint and several liability not affected by transfer.--No proceedings taken under this section shall affect the joint and several liability of the malguzars of the mahal for arrears accruing in respect of such mahal subsequently to the transfer of the share or land, except that, as regards all such arrears, the transferee shall stand in the place of the malguzar whose share or land is transferred.
Summary
- This provision outlines the rules for transferring a defaulting landowner's share to someone else to recover a debt.
- The person taking over the land must first pay the original debt or guarantee its payment to the Deputy Commissioner.
- The transfer of the land is temporary and cannot last longer than fifteen years from the next agricultural year.
- The original joint liability of the other landowners in the estate remains intact.
- The person taking over the land steps into the shoes of the defaulter and becomes responsible for any new debts that occur during the transfer period.
Practical examples
FAQ
1. What must a transferee do first under Section 102 of The Central Provinces Land-Revenue Act 1881?
Under Section 102 of The Central Provinces Land-Revenue Act 1881, the transferee must pay the arrear or secure its payment to the Deputy Commissioner.
2. How long can a transfer last under Section 102 of the 1881 Act?
Section 102 of the 1881 Act limits the transfer to a maximum of fifteen years from the first day of the next agricultural year after sanction.
3. Does a transfer under Section 102 of the 1881 Land-Revenue Act remove the joint liability of other landowners?
No, Section 102 of the 1881 Land-Revenue Act explicitly states that joint and several liability is not affected, except the transferee replaces the defaulter.
Test yourself
Q1.Under Section 102 of The Central Provinces Land-Revenue Act 1881, what is the maximum term for a transfer of a share or land?
Q2.Who must sanction the transfer term under Section 102 of the 1881 Land-Revenue Act?
Q3.How does Section 102 of The Central Provinces Land-Revenue Act 1881 handle joint and several liability?
Q4.Before a share is transferred under Section 102 of the 1881 Act, what must the incoming person do regarding the existing debt?