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Report No. 83

9.16. Section 49A (New)-Recovery as arrears of land revenue.-

At present, the Act contains no direct provision for the recovery of various amounts that might become due under its provisions from guardians. Sections 35, 36, 43(4) and 45 do contain certain provisions which could be pressed into service, but these are indirect or secondary and the procedure is not expeditious. We are of the view that there is need for an express provision authorising the recovery of such amounts as arrears of land revenue.

Accordingly, we recommend that a new section-say, as section 49A-should be inserted in the Act on the subject as follows:-

"49A. Any amount that becomes due under the provisions of this Act from a guardian by virtue, of an order of the Court, without prejudice to any other mode, of recovery,1 be recoverable as arrears of land revenue."

1. Cf. section 232, Income-tax Act, 1961 and Jagdish Pratap v. State of Uttar Pradesh, AIR 1973 SC 1059.

The Guardians and Wards Act, 1890 and Certain Provisions of the Hindu Minority and Guardianship Act, 1956 Back

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