86540
Lawyers Network
103860
Users
630
Cities Serving
114
Law Schools Network
59824
REVENUE RECOVERY ACT, 1890
1 of 1890
14th February, 1890
An Act to make better provision for recovering certain public demands. WHEREAS it is expedient to make better provision for recovering certain public demands; It is hereby enacted as follows:-
SECTION 01: TITLE AND EXTENT
(1) This Act may be called The Revenue Recovery Act. 1890.
2[(2) It extends to the whole of India except3[the State of Jammu and Kashmir];]4[*]
4[* * * * * * * *
SECTION 02: DEFINITIONS
In this Act, unless there is something repugnant in the subject or context, -
(1) "district" includes a presidency-town;
(2) "Collector" means the chief officer in charge of the land-revenue administration of a district; and
(3) "defaulter" means a person from whom an arrear of land -revenue, or a sum recoverable as an arrear of land -revenue, is due, and includes a person who is responsible as surety for the payment of any such arrear or sum.
SECTION 03: RECOVERY OF PUBLIC DEMANDS BY ENFORCEMENT OF PROCESS IN OTHER DISTRICTS THAN THOSE IN WHICH THEY BECOME PAYABLE
(1) Where an arrear of land-revenue, or a sum recoverable as arrear of land-revenue is payable to a Collector by a defaulter being or having property in a district other than that in which the arrear accrued or the sum is payable, the Collector may send to the Collector other district a certificate in the form as nearly as may be of the Schedule, stating-
(a) the name of the defaulter and such other particulars as may be necessary for his identification, and
(b) the amount payable by him and the account on which it is due.
(2) The certificate shall be signed by the Collector making it5[or by any officer to whom such Collector may, by order in writing, delegate this duty] and, save as otherwise provided by this Act, shall be conclusive proof of the matters therein stated.
(3) The Collector of the other district shall, on receiving the certificate, proceed to recover the amount stated therein as if it were an arrear of land revenue which had accrued in his own district.
SECTION 04: REMEDY AVAILABLE TO PERSON DENYING LIABILITY TO PAY AMOUNT RECOVERED UNDER LAST FOREGOING SECTION
(1) When proceedings are taken against a person under the last foregoing section for the recovery of an amount stated in a certificate that person may if he denies his liability to pay the amount or any part thereof and pays the same under protest made in writing at the time of payment and signed by him or his agent, institute a suit for the repayment of the amount or the pari thereof so paid.
(2) A suit under sub-section (1) must be instituted in a Civil Court having jurisdiction in the local area in which the office of the Collector who made the certificate is situate, and the suit shall be determined in accordance with the law in force at the place where the arrear accrued or the liability for the payment of the sum arose.
(3) In the suit the plaintiff may, notwithstanding anything in the last foregoing section, but subject to the law in force at the place aforesaid, give evidence with respect to any matter staled in the certificate.
6[(4) This section shall apply if under this Act as in force as part of the law of [Pakistan or] Burma, or under any other similar Act forming part of the law of7[Pakistan or] Burma, proceedings are taken against a person in 8[Pakistan or Burma, as the case
may be,] for the recovery of an amount stated in a certificate made by a Collector in 9[any State to which this Act extends].]
SECTION 05: RECOVERY BY COLLECTORS OF SUMS RECOVERABLE AS ARREARS OF REVENUE BY OTHER PUBLIC OFFICERS OR BY LOCAL AUTHORITIES
Where any sum is recoverable as an arrear of land revenue by any public officer other than a Collector or by any local authority, the Collector of the district in which the office of that officer or authority is situate shall, on the request of the officer or authority, proceed to recover the sum as if it were an arrear of land revenue which had accrued in his own district, and may send a certificate of the amount to be recovered to the Collector of another district under the foregoing provisions of this Act, as if the sum were payable to himself.
SECTION 06: PROPERTY LIABLE TO SALE UNDER THIS ACT
(1) When the Collector of a district receives a certificate under this Act, he may issue a proclamation prohibiting the transfer or charging of any immovable property belonging to the defaulter in the district.
(2) The Collector may at any time by order in writing, withdraw the proclamation, and it shall be deemed to be withdrawn when either the amount stated in the certificate has been recovered or the property has been sold for the recovery of that amount.
(3) Any private alienation of the property or of any interest of the defaulter therein, whether by sale, gilt mortgage or otherwise, made alter the issue of the proclamation and before the withdrawal thereof, shall be void as10[against the Government and any person who may purchase the property at a sale held for the recovery of the amount staled in the certificate.
(4) Subject to the foregoing provisions of this section, when proceedings are taken against any immovable property under this Act For the recovery of an amount staled in a certificate, the interests of the defaulter alone therein shall be so proceeded against, and no incumbrances created, grants made of contracts entered into by him in good faith shall be rendered invalid by reason only of proceedings before taken against those interests.
(5) A proclamation under this section shall be made by beat of drum or other customary method and by the posting of a copy thereof on a conspicuous place in or near the property to which it relates.
SECTION 07: SAVING OF LOCAL LAWS RELATING TO REVENUE
Nothing in the foregoing sections shall be construed-
(a) to impair any security provided by or affect the provisions of. any other enactment for the time being in force for the recovery of land revenue or of sums recoverable as arrears of land revenue, or
(b) to authorise the arrest of any person for the recovery of any tax payable to the corporation commissioner, committee, board, council or person having authority over a municipality under any enactment for the time being in force.
SECTION 08: RECOVERY IN INDIA OF CERTAIN PUBLIC DEMANDS ARISING BEYOND INDIA
When this Act has been applied to any local area which is under the administration of 11[the Central Government]12[* *] but which is not part of13[India], an arrear of land revenue accruing in that local area, or a sum recoverable as an arrear of land revenue and payable to a Collector or other public officer or to a local authority in that local area, may be recovered under this Act in13[India].
SECTION 09: RECOVERY IN INDIA OF LAND REVENUES, ETC., ACCRUING IN BURMA
(1) The Central Government may direct15that an arrear of land revenue accruing in Burma or a sum recoverable in Burma as an arrear of land revenue and payable to a Collector or other public officer or to a local authority in Burma may be recovered under this Act in16[*] India and thereupon such arrear or sum shall be so recoverable : Provided that the Central Government shall not give any such direction unless it is satisfied that the remedy available under section 4-of this Act in16[*] India to a person paying under protest in16[*] India an arrear accruing in16[*] India is available under Burma law in Burma to a person paying under protest in16[*] India an arrear accruing in Burma.
(2) For recovering by virtue of this section any arrears of tax or penalty due under the enactments relating to income-tax or super-tax in force in Burma, the Collector shall have such additional powers as he has in the case of Indian income-tax and super-tax under the proviso to section 46(2) of the Income-tax Act, 1922.
17[(3) Sub-sections (1) and (2) shall apply in relation to Pakistan as they apply in relation to Burma.]]
SECTION 10: DUTY OF COLLECTORS TO REMIT MONEYS COLLECTED IN CERTAIN CASES
Where a Collector receives a certificate under this Act from a Collector of another State or a Collector in 19[Pakistan or Burma, he shall remit any sum recovered by him by virtue of that certificate to that Collector, after deducting his expenses in connection with the matter.]
SCHEDULE 1 THE SCHEDULE
CERTIFICATE [See section 3-, sub-section (1)] From The Collector of To The Collector of Dated the of 18 The sum of Rs.___ is payable on account of by son of resident of ,who is believed (to be at )(to have properly consisting district, at )in your Subject to the provisions of the Revenue Recovery Act, 1890, the said sum is recoverable by you as if it were an arrear of land revenue which had accrued in your own district, and you are hereby desired so to recover it and to remit it to my office at___
86540
103860
630
114
59824