Section 4 in The Bengal Land-Revenue Settlement Regulation, 1825
4. Procedure when arrear of revenue on account of mahal not permanently assessed is not paid within one month after due date, and objections appear to public sale.
- Whenever an arrears of-revenue shall accrue on account of any mahal for which an engagement may have been taken by the proprietors or persons recorded as proprietor, not being an estate of which the assessment has been fixed in perpetuity, and the malguzars shall fail to discharge the same within one month of the date on which it became due, then, if there shall appear to be any objection to the sale of the estate, and the arrears cannot otherwise, be recovered (on which points the decision of the Revenue-authorities is to be held conclusive), it shall be competent to the [Collectors] [For the exercise of functions of Collector by other officers see Bengal Reg. 7 of 1822.] or other officer exercising the powers of Collector, with the sanction of the [Board] [For the present constitution and power of the Board of Revenue, see B. and O. Act 1 of 1913.] [* * *] [The words 'and Banares' Repealed by Act 12 of 1891.] to annul the existing engagement with the malguzars, and to let the mahal in farm for such period, not exceeding fifteen years, as the [Board or Revenue] [For the present constitution and power of the Board of Revenue, see B. and O. Act 1 of 1913.] may appoint, or to hold the mahal under khas management for a like period.In such cases, if the mahal shall yield a higher jama than that for which the malguzars may have engaged, the excess shall in the first place be appropriated to the liquidation of the arrear due on account of it, or such portion thereof as the farmer may not have separately agreed to discharge or as may not otherwise have been recovered; and, out of any surplus remaining, the malguzars shall receive such malkana not being less than five per cent not more than ten per cent on the assessment of the last year of their engagement, as the [State] [Substituted by ALO.] Government may direct.
