72. Agreement to make payment of betterment contribution a charge on land.
- [(1) Any person liable to the payment of a betterment contribution may, at his option, instead of making a payment thereof to the Trust execute an agreement with the Trust to make payment in not more than ten annual instalments or to leave the said payment outstanding as a charge on his interest in the land subject to the payment of interest at the rate of five per centum per annum until the said sum has been paid in full, the first annual payment of such interest to be made one year from the date referred to in section 71.] [Substituted by Central Provinces and Berar Act XXXIV of 1949, section 22.](2)Every payment due from any person in respect of a betterment contribution and every charge referred to in sub-section (1) shall, notwithstanding anything contained in any other enactment and notwithstanding the existence of any mortgage or other charge whether legal or equitable created either before or after the commencement of this Act, be the first charge upon the interest of such person in such land.(3)[ If any instalment of interest payable under an agreement executed under subsection (1) be not paid on the date on which it is due the whole of the outstanding sum fixed under section 70 shall be payable on that date, in addition to the said instalment.(4)At any time after an agreement has been executed under sub-section (1) any person may pay in full the charge created thereby, with interest, at the rate mentioned in sub-section (1) up to the date of payment.(5)When an agreement in respect of any land has been executed by any person in pursuance of sub-section (1) no suit with respect to such agreement shall be brought against the Trust by any person other than such person's heir, executor or administrator claiming to have an interest in the land.] [Substituted for sub-section (3), by Central Provinces and Berar Act XXXIV of 1949, section S. 22.]Recovery of special payments and betterment contributions.
