(1)The expense of keeping inefficient order and repair any improvements or works effected under this Act shall be charged to the profits from the property vested in the Collector under Section 47;and, if such profits shall not suffice, the balance shall be paid to the proportions of the original contribution by the holders for the time being of the land which have been benefited by such works;and all sums payable to the Collector under the provisions of this section shall be recoverable in the manner provided by Section 38, or in the manner provided by Section 39;and every proprietor or other person who has paid any such sum may recover the same, or any part of the same, in the proportion and subject to the rules laid down in Section 42 or 43, as the case may be [and for that purpose the procedure prescribed by Section 41-A or Section 44-A and Sections 51-B and 51-C shall be applicable.] [Added by Bengal Act 2 of 1902.](2)Recovery of items omitted from apportionment. - Any such amount as is specified in Section 25 which, from oversight or other cause, has been omitted from the apportionment and report made under Section 32 or Section 33, may be charged and recovered under the provisions of clause (1) of this section.(3)Surplus property vested in Collector under Section 47 to be appropriated to payment of debt to Government. - If, on the first day of January next before the last instalments payable under the provisions of Section 36 are due, there is, after providing for the expense of keeping in efficient order and repair the improvements and works executed under this Act, a surplus of the profits from the property vested in the Collector under 47, such surplus, or as much thereof as will suffice, shall be appropriated to the liquidation of the said last instalments.Any landholder who has paid any such instalment in advance under the provisions of Section 41 shall be entitled to a refund in proportion with interest at [four] [Substituted for the word 'five' by Bengal Act 2 of 1902.] per cent per annum.(4)Cost of maintenance may be capitalized and the capitalized amount levied. - The [State] [Substituted by Adaptation of Laws Order.] Government may at anytime [* * * *] [Omitted by Para 3 and Schedule II Adaptation of Laws Order.] direct that the total average annual expense, which over and above such profits as aforesaid is necessary to keep such improvements and works in efficient order and repair be estimated, and that there be levied from such landholders, in lieu of all future contributions to the maintenance of such improvements and works, such amount, as, being invested in Government securities at the current rate of interest, shall yield a sum equal to such average annual expenses.The provisions of Sections 31, 38 and 39 shall apply to such capitalized amount.
