Section 94 of The Central Provinces Land-Revenue Act, 1881
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.
Summary
- This provision lists seven specific methods the government can use to force payment of an arrear.
- These recovery methods range from arresting the defaulter to selling their personal property, their land, or annulling their settlement entirely.
- Extreme measures like transferring shares or selling land require prior approval from the Chief Commissioner.
- Arrest and civil imprisonment cannot be used against a female, minor, lunatic, or idiot.
- Land cannot be sold for arrears that pile up while the land is already under government attachment or direct management.
- Property sales and arrests can be carried out in the district where the default occurred or in any other district.
Practical examples
FAQ
1. Can a woman be arrested for unpaid land revenue under Section 94 of the Central Provinces Land-Revenue Act, 1881?
No, under Section 94 of the Central Provinces Land-Revenue Act, 1881, the process of arrest and imprisonment in a civil jail cannot be issued against any female, minor, lunatic, or idiot.
2. What permission is needed to sell a defaulter's land under Section 94 of the 1881 Land-Revenue Act?
Under Section 94 of the 1881 Land-Revenue Act, processes like selling the land or annulling the settlement require the previous sanction of the Chief Commissioner.
3. According to Section 94 of The Central Provinces Land-Revenue Act, can the government sell property outside the district where the default happened?
Yes, under Section 94 of The Central Provinces Land-Revenue Act, processes like arresting the defaulter or selling their moveable or immoveable property can be enforced either in the district of default or in any other district.
4. Can a land be sold for arrears if it is already under government management under Section 94 of the Central Provinces Land-Revenue Act?
No, under Section 94 of the Central Provinces Land-Revenue Act, land cannot be sold for an arrear that accrues while the land is already under attachment, direct management, or let in farm.
Test yourself
Q1.Under Section 94 of The Central Provinces Land-Revenue Act, 1881, which group of people is completely exempt from the process of arrest and civil imprisonment?
Q2.According to Section 94 of the Central Provinces Land-Revenue Act, which official's previous sanction is required before land can be transferred or sold to recover an arrear?
Q3.Based on Section 94 of the 1881 Land-Revenue Act, where can the process of attaching and selling a defaulter's moveable property be enforced?
Q4.Under Section 94 of The Central Provinces Land-Revenue Act, 1881, what happens if an arrear accrues on land while it is already under the charge of the Superintendent of Government Wards?
Q5.How does a notice issued under Section 93 impact the actions taken under Section 94 of The Central Provinces Land-Revenue Act, 1881?