ANDHRA PRADESH
REVENUE RECOVERY ACT, 1864 THE ANDHRA PRADESH REVENUE RECOVERY ACT, 1864 [Act No. II of 1864] An Act to consolidate the Law for the
Recovery of Arrears of Revenue in the State of Andhra Pradesh Whereas it is advisable that the laws
relating to the collection of the public revenue should be consolidated and
simplified it is hereby enacted as follows:-- The term "landholders" as used in this
Act, shall be taken to comprise the following persons; All persons holding under a
Sanad-i-Milkiyat-i-istimrar, all other Zamindars, Shrotriyamdars, Jagirdars,
Inamdars and all persons farming the Land Revenue under the State Government.
All holders of land under Ryotwari settlements, or in any way subject to the
payment of revenue direct to the State Government. Public Revenue:-- Public Revenue due on land shall,
for the purposes of this Act, be taken to include cesses or other dues payable
to the State Government on account of water supplied for irrigation. The land, the buildings upon it, and its products,
shall be regarded as the security of the public revenue. Every landholder shall pay to the Collector, or
other officer empowered by him to receive it, the revenue due upon his land on
or before the day on which it falls due, according to the kistbandi or other
engagement, and where no particular day is fixed, then within the time when the
payment falls due according to local usage : Provided that, except where property is held under
Sanad-i-Milkiyat-i-istimrar or other similar instrument, it shall be lawful for
the Board of Revenue, by notification published in the District Gazette, to
alter and fix, from time to time, the amount of the several kists or
instalments, and the dates at which they shall respectively become payable. [1] [Explanation:-- The
reference to the District Gazette in this Act shall in its application to the
territories specified in sub-section (1) of Section 3 of the States
Re-organisation Act, 1956 (Central Act 37 of 1956); be construed as references
to the Andhra Pradesh Gazette, until a District Gazette is published for the
district in the said territories.] When the whole or portion of a kist shall not he so
paid, the amount of the kist or of its unpaid portion shall be deemed to be an
arrear of revenue. Whenever revenue may be in arrear, it shall be
lawful for the Collector, or other officer empowered by the Collector in that
behalf, to proceed to recover the arrear, together with interest and costs of
process, by the sale of defaulter's movable and immovable property, or by
execution against the person of the defaulter in manner hereinafter provided. If the defaulter held under
Sanad-i-Milkiyat-i-istimrar or other similar instrument, the mode of recovering
the arrear shall be in accordance with the terms of such Sanad. In the case of
other defaulters, the Collector or other officer empowered by the Collector in
that behalf, may at his discretion, proceed to realize the arrear by
the sale of either the movable or immovable property of the defaulter, or of
both. Arrears of revenue shall bear interest at the rate
of 6 per cent per annum. In the seizure and sale of movable property for
arrears of revenue, the following rules shall be observed... First : Demand in writing:-- The Collector, or other
officer empowered by the Collector in that behalf, shall furnish to the person
employed to distrain the property of a defaulter; a demand in writing and
signed with his name, specifying the name of the defaulter, the amount of the
arrear for which the distress may be issued, and the date on which the arrears
fell due. The persons employed to distrain shall produce the writing which, if
the arrear together with the batta due to him, under Section 53, be not at once
paid, shall be his authority for making the distress, and on the day on which
the property may be distrained, shall deliver a copy of such writing to the
defaulter, endorsing thereon a list or inventory of the property distrained,
and the name of the place where it may be lodged or kept. Second : Writing to state that the distrained
property will be sold:-- The writing shall further set forth that the
distrained property will be immediately brought to public sale, unless the
amount, with interest, batta, and all the expenses of the distress be
previously discharged. Third : Service when defaulter is absent:--
When a defaulter may be absent, a copy of the writing, with the endorsement,
shall be fixed or left at his usual place of residence or on the premises where
the property may have been distrained, before the expiration of the third day,
calculating from the day of the distress. When the amount due shall not have been paid
pursuant to the terms of the demand, and no arrangement for securing the same
shall have been entered into the satisfaction of the Collector or other officer
empowered by the Collector in that behalf, the distrainer shall transmit an
inventory of the property distrained to the nearest public officer empowered to
sell distrained property, under Act VII of 1839, in order that it may be
publicly sold for the discharge of the arrears due, with interest, batta, and
cost of distraint. Where a defaulter may tender payment of the arrears
demanded after his property may have been distrained, and prior to the day
fixed for sale, together with payment of interest, batta, and all necessary
expenses attending distress, the distrainer shall receive the amount
immediately upon the same being tendered, and shall forthwith release the
property. The distrainer attaching the crops or ungathered
products of the land belonging to defaulter may cause them, to be sold when fit
for reaping or gathering, or, at his option may cause them to be reaped or
gathered in due season and stored in proper places until sold. In the latter
case the expenses of reaping or gathering and storing such crops or products
shall be defrayed by the owner upon his redeeming the property, or from the
proceeds of the sale in the event of its being sold. When crops or products
belonging to a tenant shall have been sold, it shall be lawful for such tenant
to deduct the value of the crops or products sold from any rent which may be
due by him, then or afterwards, to the defaulter, in respect of the land on
which such crops or products have been grown. It shall also be lawful for a
tenant whose crops are attached for an arrear of revenue to pay the arrear and
deduct the amount in the aforesaid manner from any rent due by him, then or
afterwards. The distrainer shall not work the bullocks or
cattle, or make use of the goods or effect distrained; he shall provide the
necessary food for the cattle or livestock, the expense attending which shall
be defrayed by the owner upon his redeeming the property, or from the proceeds
of the sale in the event of its being sold. Where property distrained may be stolen or lost, or
damaged by reason of the necessary precaution for its due preservation not
having been taken, or from its having been improperly worked or made use of,
the amount of such loss or damage shall be recoverable by summary process by
the Collector from the officer whose neglect or act occasioned the loss or
damage, and the amount when recovered shall be paid to person damnified. The distress levied shall not be excessive, that is
to say, the property distrained shall be as nearly as possible proportionate to
the amount of the arrear. The following articles shall not be distrained for
arrears of revenue:-- (a) the necessary wearing apparel,
cooking vessels, beds, bedding of the defaulter and such personal ornaments of
a woman as in accordance with religious usage cannot be parted with by her; (b) his ploughs, implements of
husbandry, one pair of ploughing cattle, such manure and seed grain stocked by
the defaulter or on his behalf by his relations as may be necessary for the due
cultivation of his lands in the ensuring year; and (c) any other class of articles
which may be notified by the Government in the Andhra Pradesh Gazette.] Distress shall be made after sunrise and before
sunset and not otherwise. When a defaulter may make a fraudulent conveyance of
property to prevent the distress for arrears, any Civil Court of competent
jurisdiction, upon proof thereof, shall summarily cause the
property to be delivered up to the distrainer. The defaulter will
further be liable to the penalties prescribed by Section 424 of the Indian
Penal Code (Central Act 45 of 1860). Where any person, not being a defaulter or
responsible for a defaulter, may claim a right to the property distrained, and
the distrainer may, notwithstanding, cause the same to be sold such claimant,
on proof of such right in any Civil Court of competent jurisdiction, and in the
event of the distrainer being unable to prove the responsibility for the arrear
of revenue, on account of which the property may have been sold, shall recover
from the distrainer the full value of such property, with interest, costs, and
damages, according to the circumstances of the case. But claims to crops upon
the ground or to gathered products of the ground attached, in the possession of
the defaulter, whether founded upon a previous sale, mortgage, or otherwise,
shall not bar the prior claim of revenue due from the ground upon which such
crop or product may have been grown. Where it may be proved to the satisfaction of any
Civil Court of competent jurisdiction that any person has forcibly or
clandestinely taken away property once distrained, the Court may summarily
cause such property to be restored to the distrainer. The offender will further
be liable to the penalties prescribed by the Indian Penal Code, 1860 (Central
Act 45 of 1860). It shall be lawful for the distrainer to force open
any stable, cowhouse, granary, godown, out house, or other building, and he may
also enter any dwelling house the outer door of which may be open and may break
open the door of any room of such dwelling house for the purpose of attaching
property belonging to a defaulter and lodged therein; provided always that it
shall not be lawful for such distrainer to break open or enter any apartment in
such dwelling house, appropriated for the zanana or residence of woman, except
as hereinafter provided. Where a distrainer may have reason to suppose that
the property of a defaulter is lodged within a dwelling house, the outer door
of which may be shut, or within any apartment appropriated to women, which, by
the usage of the country, are considered private, such distrainer shall
represent the same to the officer in charge of the nearest police station. On
such representation, the officer in charge of the said station shall send a
police officer to the spot; in the presence of whom the distrainer may, force open
the outer door of such dwelling house, in like manner as he may break open the
door of any room within the house except the zenana. The distrainer may also,
in the presence of the police officer, after due notice given for the removal
of women within a zenana, and after furnishing means for their removal in a
suitable manner (if they be woman of rank, who according to the, customs of the
country cannot appear in public), enter the zenana apartments for the purpose
of distraining the defaulter's property deposited therein, but such property,
if found, shall be left free to the former occupants. Persons entering the apartments of women, or forcing
open the outer door of dwelling houses, contrary to the provisions of this Act,
shall on conviction before a Magistrate, be liable to a fine not exceeding
Rupees 500 or to imprisonment of either description for any period not
exceeding six months. The public officer, empowered under Act VIII of 1839
to sell distrained property, shall cause to be affixed to the outer door of the
defaulter's house, or on the premises where the property may have been
distrained a list of the property to be sold, with a notice specifying the
place where, and the day and hour at which the distrained property will be sold
and shall cause proclamation of the intended sale to be made by beat of drum in
the village to which the lands on which the arrear has accrued may belongs; and
in such places as the Collector or other officer empowered by the Collector in
that behalf, may consider necessary to give due publicity to the sale. No sale
shall take place until after the expiration of a period of fifteen days from
the date on which the notice may be so affixed. At the appointed time, the property shall be put in
one or more lots, as the said officer may consider advisable, and shall be
disposed off to the highest bidder. Where the property may sell for more than
amount of arrears the surplus, after deducting expenses of process and interest
shall be paid to the defaulter. Notwithstanding anything in Sections 22 and 23,
crops or products which are in their nature speedily perishable shall be sold
by the distrainer as early as possible after they are distrained in such manner
as may be provided in the rules made by the State Government in this behalf,
and the sale proceeds shall be deposited with the public officer referred to in
Section 22. Re-sale in case of default:-- The property shall be paid for in ready money at the
time of the sale, or as soon after as the officer holding the sale shall
appoint, and the purchaser shall not be permitted to carry away any part of the
property until he has paid for the same in full. Where the purchaser may fail
in the payment of the purchase money, the property shall be resold, and the
defaulting purchaser shall be liable for any loss arising, as well as the
expenses incurred on the re-sale. Where the property may, in the second sale
sells for a higher price than at the first sale, the difference or increase
shall be the property of him on whose account the said first sale was made. Before a Collector, or other officer empowered by
the Collector in that behalf, proceeds to attach the land of the defaulter, or
buildings thereon, he shall cause a written demand to be served upon the
defaulter, specifying the amount due, the estate or land in respect of which it
is claimed, the name of the party in arrear, the batta due to the person who
shall serve the demand, and the time allowed for payment, which shall be fixed
with reference to the distance from the land on which the arrear is due to the
place at which the money is to be paid. Such demand shall be served by
delivering a copy to the defaulter, or to some adult male member of his family
at his usual place of abode, or to his authorized agent, or by affixing a copy
thereof on some conspicuous part of his last known residence, or on some
conspicuous part of the land about to be attached. When the amount due shall not have been paid
pursuant to the terms of the demand, and no arrangement for securing the same
shall have been entered into the satisfaction of the Collector, or other
officer empowered by the Collector in that behalf, he shall proceed to recover
the arrear by the attachment and sale of the defaulter's land in the following
manner. The attachment shall be effected by affixing a
notice thereof to some conspicuous part of the land. The notice shall set forth
that unless the arrears, with interest and expenses, be paid within the date
therein mentioned, the land will be brought to sale in due course of law. The
attachment shall be notified by public proclamation on the land, and by
publication of the notice in the District Gazette. When Revenue Officer to take charge:-- It shall be lawful for the Collector, when attaching
the land of a defaulter, or at any time during such attachment to assume the
management of the property attached. In such case he shall appoint an agent
with a proper establishment of officers to manage the property, and shall give
the agent certificate of appointment with written instructions under his seal
and signature, and the expenses of management shall be defrayed out of the
income of the property; provided always, that where the property may be too
inconsiderable to admit of its being charged with the salary of an agent, it
shall be committed to the care of such Revenue Officer as the Collector may
select, who shall be subject to all the provisions herein contained in
reference to agents. Notice of the assumption of management shall
forthwith be served on the defaulter in the manner prescribed in Section 25,
and shall be notified by public proclamation on the land and by publication in
the District Gazette. It shall be the duly of the agent, during the
continuance of management under Section 28, to collect the rents and profits
due, or accruing due upon the estate, according to the engagements subsisting
between the defaulter and the parties holding under him, or according to
established usage where no specific engagement exists. The agent shall keep
accounts of all his receipts and disbursements, and submit the same, and pay
over the balance, to the Collector, or other officer empowered by the Collector
in that behalf monthly, or whenever required, and the defaulter shall be at
liberty to inspect the accounts at all reasonable time and to take copies of
the same at his own expense without fee. It shall be lawful for the defaulter to proceed by
prosecution or suit against the agent, in respect of any criminal or illegal
act done by him to the injury of the defaulter or his estate, and all tenants,
or other persons holding by subordinate title, shall have the same remedies
against him as they would have had against the defaulter if the Act were done
by the defaulter. All engagements entered into between the landholder
and his tenants, except such as are hereinafter mentioned, shall be binding
upon the Collector, during attachment, but all such engagements collusively
with a view to defeat or delay the effect of the attachment, and all leases of
land at a rate lower than the usual rates of assessment, and not made bona fide
for the purpose of erecting factories or buildings or of bringing waste land
into cultivation, and all engagements made subsequently to attachment, shall be
null and void against the Collector, if he shall so declare subject, however to
the right of the parties to such agreement to bring a suit against the
Collector in the ordinary tribunals to establish the same; and all charges or
incumbrances upon such land shall be postponed to the payment of the public
revenue. All payments on account of rent or profits actually
due made before public notice of assumption of management to or on behalf of
any landholder by any person holding under him, shall be valid against the
Collector, and all such payments made after public notice of such assumption or
made before they were actually due, shall be null and void against the
Collector, who shall be entitled to recover, as arrears of rent, the full
amount from the parties by whom it was paid, leaving, them to sue the defaulter
in the ordinary Court of law. All sums received from the property attached, after
paying the expenses of attachment and management, shall be carried to the
credit of the defaulter in discharge of the arrears due, and interest thereon
at the rate of six per cent per annum and as soon as all arrears, interest,
costs of attachments, and expenses of management shall have been liquidated,
the attachment shall be withdrawn, and a full account rendered of all receipts
and disbursements during its continuance. It shall be lawful for any person claiming an
interest in land which has been, or is about to be attached, to obtain, its
release by paying the arrears, interest, and costs incurred; and all such sums,
if paid by a tenant, may be deducted from any rent then or afterwards due by
him to the defaulters and if paid by a bona fide mortgagee or other
incumbrancer, upon the estate, or by any person not being in possession thereof
but bona fide claiming an interest therein adverse to the defaulter shall be a
charge upon the land, but shall only take priority over the charges according
to the date at which the payment was made. Such sums when paid by a bona fide
mortgagee or other incumbrancer shall further constitute a debt from the
defaulter. In the sale of immovable property under this Act the
following rules shall be observed. First-Publication:-- The sale shall be by
public auction to the highest bidder. The time and place of sale shall be fixed
by the Collector of the district in which the property is situated, or other
officer empowered by the Collector in that behalf. The time may be either
previous to or after the expiration of the fasli year. Second-Notification one month before
sale:-- Previous to the sale the Collector, or other officer empowered by
the Collector in that behalf, shall issue a notice thereof in English and in
the language of the district, specifying the name of the defaulter; the
position and extent of land of his buildings thereon; the amount of revenue
assessed on the land, or upon its different sections. The proportion of the
public revenue due during the remainder of the current fasli; and the time,
place, and conditions of sale. This notice shall be fixed up one month at least
before the sale in the Collector's office and in the Taluk cutcherry, in the
nearest police station house, and on some conspicuous part of the land. Third-Deposit by purchaser:-- A sum of money
equal to fifteen per cent of the price of the land shall be deposited by the
purchaser in the hands of the Collector, or other officer empowered by the
Collector in that behalf, at the time of the purchase, and where the remainder
of the purchase-money may not be paid within thirty days, the money so
deposited shall be liable to forfeiture. Fourth-Re-sale in default of payment:-- When
the purchaser may refuse or omit to deposit the said sum of money or to
complete the payment of the remaining purchase money, the property shall be
re-sold at the expense and hazard of such purchaser, and the amount of all loss
or expenses which attend such refusal or omission shall be recoverable from
such purchaser in the same manner as arrears of public revenue. Where the lands
may, on the second sale, sell for a higher price than at the first sale, the
difference shall be the property of him on whose account the said first sale
was made. Fifth-Agents to name principals:-- All persons
bidding at a sale may be required to state whether they are bidding on their
own behalf or as agents, and, in the latter case, to deposit a written
authority signed by their principals. If such requisition be not complied with,
their bids may be rejected. Section[3]
Preamble 1 - ANDHRA PRADESH REVENUE RECOVERY
ACT, 1864PREAMBLE
The provisions of the Third and Fourth clauses of
Section 36 shall not apply to cases where immovable property sold under this
Act is purchased by the Government.]
Section 37 - Tender of arrears of revenue upto sunset on day before sale
It shall be competent to the defaulter or to any
person acting on his behalf or claiming an interest in the land, to tender the
full amount of the arrears of revenue with the interest thereon, and all
charges which have been incurred in demanding the arrears, or in attaching or
managing the estate or in taking the steps necessary for sale and thereupon the
sale shall be stayed :
Provided always that such tender must be made before
sunset on the day previous to that appointed for the sale, and all sums [4]
[paid under this or the next succeeding section] by any tenant, or bona
fide mortgagee, or other incumbrancer or any person bona fide claiming an
interest in the estate adverse to the defaulter may be recovered in the manner
provided in Section 35.
Section[5] [37-A. Application to set aside sale of immovable property on deposit:--
(1) Any person owning or claiming
an interest in immovable property sold under this Act may at any time within
thirty days from the date of sale, deposit in the treasury of the taluk in
which the immovable property is situated?
(a) a sum equal to five per centum
of the purchase-money;
(b) a sum equal to the arrears of
revenue for which the immovable property, was sold, together with interest
thereon and the expenses of attachment, management and sale and other costs due
in respect of such arrears, and may apply to the Collector to set aside the
sale.
(2) If such deposit and application
are made within thirty days from the date of sale, the Collector shall pass an
order setting aside the sale, and shall repay to the purchaser the purchase
money so far as it has been deposited, together with the five per centum
deposited, by the applicant :
Provided that if more persons than one have made
deposits and application under this section, the application of the first
depositor to the Collector or to the officer authorized to set aside the sale
shall be accepted.
(3) If a person applies under
Section 38 to set aside the sale of immovable property, he shall not, unless he
withdraws such application, be entitled to make an application under this
section.]
Section 38 - Application to set aside sale
(1) At anytime within thirty days
from the date of sale of the immovable property, application may be made to the
Collector to set aside the sale on the ground of some material, irregularity,
or, mistake or fraud, in publishing or conducting it; but, except as otherwise
as hereinafter provided no sale shall be set aside on the ground of any such
irregularity or mistake unless the applicant proves to the satisfaction of the
Collector that he has sustained substantial injury by reasons thereof.
(2) If the application be allowed,
the Collector shall set aside the sale and may direct a fresh one.
(3) Order confirming or setting
aside sale:-- On the expiration of thirty days from the date of the sale, [6]
[if no application to have the sale set aside is made under Section 37-A or
under Clause (1) of this section] or if such application has been made and
rejected, the Collector shall make an order confirming the sale provided that,
if he shall have reason to think that the sale sought to be set aside
notwithstanding that no such application has been made or on ground other than
those alleged in any application which has been made and rejected, he may,
after recording his reason in writing set aside the sale.
(4) Refund of deposit or
purchase-money when sale set aside:--Whenever the sale of any lands is not so
confirmed or is set aside, the deposit or the purchase-money, as the case may
be, shall be returned to the purchaser.
(5) On confirmation of sale,
purchaser's name to be registered:--After the confirmation of any such sale,
the Collector shall register the lands sold in the name of the person declared
to be the purchaser and shall execute and grant a certificate of sale bearing,
his seal and signature to such purchaser.
(6) Certificate of sale:--.Such
certificate shall state the property sold and name of the purchaser, and it
shall be conclusive evidence of the fact of the purchase in all Courts and
Tribunals, where it may be necessary to prove the same; and no proof of the Collector's
seal or signature shall be necessary, unless the authority before whom it is
produced shall have reason to doubt its genuineness.
Section 39 - Proclamation of sale
Where lands may be purchased in a public sale the
Collector or other officer empowered by the Collector in that behalf, shall
publish in the villages, in which the land sold may be situated, in the
cutcherry of the taluk, in the head cutcherry of the district, and in the
District Gazette, the name of the purchaser and the date of purchase, together
with a declaration of the lawful succession of such purchaser to all the rights
and property of the former landholder in the said lands.
Section 40 - Delivery of possession
Where, notwithstanding such publication, any lawful
purchaser of land may be resisted and prevented from obtaining possession of
his purchased land, any Court of competent jurisdiction, on application and
production of certificate of sale provided for in the Section 38, shall cause
the proper process to be issued for the purpose of putting such purchaser in
possession in the same manner as if the purchased land had been decreed to the
purchaser by a decision of the Court.
Section 41 - Contracts and payments binding on purchaser
All contracts entered into by the defaulter with his
tenants, and all payments to him by them shall be binding upon the purchaser to
the same extent and under the same conditions as laid down in Sections 32 and
33 of this Act.
Section 42 - Sales to be free of all incumbrances-Disposal of surplus
All lands brought to sale on account of arrears of
revenue shall be sold free of all incumbrances, and, if any balance shall
remain after liquidating the arrears with interest and the expenses of
attachment and sale and other costs due in respect to such arrears, it shall be
paid over to the defaulter unless such payment be prohibited by the injunction
of a Court of competent jurisdiction.
Section 43 - Recovery of arrears due to defaulter on the day of sale
Arrears of rent which on the day of sale may be due
to the defaulter from his under-tenants shall, in the event of the sale, be
recoverable by him after the sale by any process except, distraint, which might
have been used by him for that purpose before the said sale.
Section 44 - Sale of land for arrears
It shall be lawful for the Collector or other
officer empowered by the Collector in that behalf, to sell the whole or any
portion of the land of a defaulter in discharge of arrears of revenue; provided
always that, so far as may be practicable, no large section of the land shall
be sold than may be sufficient to discharge the arrears with interest, and
expenses of attachment, management, and sale.
Section 45 - Apportionment of assessment on sub-division
Where only a part of a landed estate held under a
Sanad-i-Milkiyat-i-istimrar, or otherwise subject to the payment of a lump
assessment, may be sold, the assessment upon such part shall be apportioned by
the Collector previous to sale in the following manner:--
The amount of revenue to be assessed on each
division shall bear the same proportion to the actual value of such division as
the total amount of the revenue of whole estate may bear to the total actual
value of the entire estate previous to such division.
Production of accounts-Effect of non-production:--
To this end the Collector shall have power to demand from landholders and from
the karnams of villages, account of the produce and of the charges attending the
management of lands to be divided; such landholders and karnams shall furnish
the said accounts when required for a period of not less than three years next
preceding the then current year; where the landholder may refuse or
unreasonably delays to comply with such demand so as to prevent the assessment
being fixed on such divided portions of land, the Collector shall proceed to
sell the entire estate.
Section 46 - Confirmation of apportionment by Board
[7] [x x x].
Section 47 - Sale may be postponed on tender of security
When a defaulter tenders security, it shall be
lawful for the Collector, or other officer empowered by the Collector in that
behalf, to accept it and postpone the sale of the defaulter's property upon
such conditions and until such time as he may appoint in the event of default
being made in the performance of such conditions, the Collector or such officer
may sell the property and proceed against his defaulter or against his security
or both.
Section 48 - Powers of arrest in case of wilful or fraudulent non-payment of arrears-Period of imprisonment-Debt not extinguished
When arrears of revenue, with interest and other
charges as aforesaid cannot be liquidated by the sale of the property of the
defaulter, or his surety, and the Collector shall have reason to believe that
the defaulter or his surety is wilfully withholding payment of the arrears, or
has been guilty of fraudulent conduct in order to evade payment, it shall be
lawful for him to cause the arrest and imprisonment of the defaulter, or his
surety not being a female, as hereinafter mentioned; but no person shall be
imprisoned on account of arrears of revenue for a longer period than two years,
or for a longer period than six months, if the arrear does not exceed Rs. 500,
or for a longer period than three months, if the arrear does not exceed Rs. 50;
provided that such imprisonment shall not extinguish the debt due to the State
Government by the defaulter, or his surety.
Section 49 - Procedure in the case of arrest
The Collector shall issue his warrant for the arrest
of the defaulter, or his surety, or both, not being females, which shall
specify his or their names, the amount of revenue due and the date on which it
becomes payable, and the warrant shall be signed and sealed by the authority by
whom it was issued. The officer charged with the execution of the warrant shall
thereupon arrest the defaulter, or his surety, or both and convey him or them
to the district gaol, and deliver the warrant to the gaoler, which shall be a
sufficient authority to him to receive the prisoner or prisoners. A copy of
such warrant shall be retained by the gaoler, who shall forthwith despatch the
original to the officer in charge of the gaol.
Section 50 - Mode of enforcing payment by sureties
All
the remedies prescribed by this Act in case of revenue defaulter may be
employed against their sureties, and it shall be lawful for the Collector, or
other officer empowered by the Collector in that behalf, to enforce the same simultaneously
with or either previously or subsequently to, their enforcement against the
principal; so nevertheless, that no more than the total sum in arrears, and
interest with costs and charges, shall be realized from both.
Section 51 - Removal of crops may be prevented where revenue is payable in kind
When land revenue is payable in kind, it shall be
lawful for the Collector or other officer empowered by the Collector in that
behalf, to prevent the removal of the crop from the land until a division has
been made and the portion which belongs to the State Government has been set
apart, unless the landholder furnishes such security as the Collector may deem
satisfactory.
Section 52 - Similar process in case of other species of revenue, advances, fees, cesses, etc.
All arrears of revenue other than land revenue due
to the State Government, all advances made by the State Government for
cultivation or other purposes connected with the revenue, and all fees or other
dues payable by any person to or on behalf of the village servants employed in
revenue or public duties, and all cesses lawfully imposed upon land and all
sums due to the State Government, including compensation for any loss or damage
sustained by them in consequence of a breach of contract, may be recovered in
the same manner as arrears of land revenue under the provisions of this Act,
unless the recovery thereof shall have been or may hereafter be otherwise
specially provided for.
?Section [8][52-A. Recovery of sums due to certain banks and other public bodies as arrears of land revenue:--
(1) Without prejudice to any other
mode of recovery which is being taken or may be taken, all loans granted and
all advances made to any person?
(i) by any bank to which the
re-payment of the said loans and advances is guaranteed by the State
Government; or
(ii) by such Corporation established
by or under a Central or Provincial or State Act, or Government Company as
defined in Section 617 of the Companies Act, 1956, or such other public body as
may be notified in this behalf by the State Government in the Andhra
Pradesh Gazette;
[9] [(iii) by any Bank under any
welfare scheme or programme, such as Prime Minister's Rozgar Yojana and the
like, sponsored by the State or Central Government as may be notified therein
in this behalf by the State Government in the Andhra Pradesh Gazette;]
together with interest on such loans and advances
and all sums, such as rents, margin money and the like, due to the bodies
mentioned aforesaid may be recovered in the same manner as arrears of land
revenue under the provisions of this Act:
Provided that the State Government may, by
notification in Andhra Pradesh Gazette, specify the loans and advances together
with interest thereon, and other sum due to the bodies mentioned it item (ii)
1[and item (iii)] above which may be recoverable under the provisions of this
section.
Explanation:-- In this sub-section,
"bank" means any banking company as defined in Clause (c) of Section
5 of the Banking Regulation Act, 1949, and includes-
(a) the Reserve Bank of India
constituted under the Reserve Bank of India Act, 1934.
(b) the State Bank of India
constituted under the State Bank of India Act, 1955.
(c) any subsidiary bank as defined
in the State Bank of India (Subsidiary Bank) Act, 1959 :
(d) any corresponding new bank
constituted under Section 3 of the Banking Companies (Acquisition and Transfer
of Undertaking) Act, 1970.
[10] [(e) Central Act 40 of 1980:--
any corresponding new Bank constituted under the Banking Companies (Acquisition
and Transfer of Undertakings) Act, 1980.]
(2)
Out of the proceeds
of the dues pertaining to the bodies mentioned in item (ii) [11] [and item (iii)] of
sub-section (1) so recovered, ten per centum thereof shall be deducted towards
the collection charges and the balances shall be paid by the Collector or other
officer empowered by the Collector in that behalf, to the respective bodies.
Section 52-B. Recovery of dues from persons from whom money is due to the defaulter:--
(1) The Collector or any other
officer empowered by the State Government in this behalf may, at any time or
from time to time, by notice in writing (a copy of which shall be forwarded to
the defaulter at his last address known to the Collector or other officer)
require any person after being satisfied that money is due or may become due to
the defaulter from such person or that such person has held or may subsequently
hold money, for or on account of the defaulter, to pay to the Collector or
other officer, either forthwith upon the money becoming due or being held or at
or within the time specified in the notice (not being before the money becomes
due or is held) so much of the money as is sufficient to pay the amount due by
the defaulter in respect of arrears or the whole money when it is equal to or
less than that amount.
(2) The Collector or other officer
may, at any time, or from time to time, amend or revoke any such notice or
extend the time for making any payment in pursuance of the notice.
(3) Save as otherwise provided in
this section, every person to whom a notice is issued under sub-section, (1)
shall be bound to comply with such notice.
(4) The Collector or other officer
shall grant a receipt for any amount paid in compliance with a notice issued
under sub-section (1) and the person so paying shall be deemed to have made the
payment under the authority of the defaulter and the receipt of the Collector
or other officer shall constitute a good and sufficient discharge of the
liability of such persons to the extent of the amount referred to in the
receipt.
(5) Any person discharging any
liability to. the defaulter after receipt of the notice referred to in this
section, shall be personally liable to the Collector or other officer to the
extent of the liability discharged or to the extent of the liability of the
defaulter for the amount due under this Act, whichever is less.
(6) When any person to whom a
notice under this sub-section i s sent objects to it by a statement on oath
that the sum demanded or any part thereof is not due by him to the defaulter,
or that he does not hold any money for or on account of the defaulter, then
nothing contained in this section shall be deemed to require such person to pay
the sum deemed or any part thereof to the Collector or other officer, but i fit
is discovered that such statement was false in any material particular, such
person shall be personally liable to the Collector or other officer to the
extent of his own liability to the defaulter on the date of the notice or to
the extent of the defaulter's liability for any sum due under this Act,
whichever is less.
(7) Where any person to whom a
notice under sub-section (1) is sent, fails to pay to the Collector or other
officer the sum demanded or any part thereof as required in the said notice,
such sum shall be recoverable from such person as if it were an arrear of land
revenue due from him.]
Section 53 - Process servers to be paid batta
Persons employed in serving notices, or in other
process under this Act, shall be entitled to batta at such rates as may, from
time to time, be fixed by the Board of Revenue with the sanction of the State
Government and published in the District Gazette.
Section 54 - Interest and charges recoverable as arrears
The batta mentioned in the foregoing section, as
well as interest, and all costs and charges incurred under the authority of
this Act, shall be recoverable from the defaulter and his sureties in the same
manner as arrears of land revenue.
Section 55 - Who to bear expenses of countermanded sale-Recovery thereof
Where property having been attached or distrained
may be ordered to be put up for the sale, and the sale may be countermanded,
the proprietor shall, nevertheless, be responsible for the expenses incurred in
consequence of the attachment or distraint, in the same manner as if the sale
had taken place; and in the event of such proprietor omitting to discharge the
amount, it shall be recoverable by the process under which the original demand
would have been recoverable.
Section 56 - Receipts for payment of revenue
[12] [56. Receipts for payment of revenue:--
Every person making a payment of revenue shall be
entitled to a receipt for the same, and the receipt shall be signed by such
officer or person and shall be in such form and contain such particulars as may
be laid down by rules made under this Act.]
Section 57 - Procedure where defaulter or surety resides out of district-Effect of Collector's application-saving of right to sue applicant
Where a defaulter or his surety may reside or
hold property out of the District wherein default shall have been made, the
Collector of the District in which such defaulter or surety resides or holds
property shall, on the written application of the Collector in whose
District such default has been made, proceed in all respects against the
defaulter and his surety, and his or their property in the same manner as if
the default had been made in his own district Every such application shall be
signed and sealed by the Collector making it and shall be conclusive as to the
amount due, and the party in arrears; in all proceedings against the Collector
acting upon such application, or any person acting under his authority; and no
proof of the seal, or signature of official character, of the Collector making the
application shall be required; unless the Court shall see reason to doubt its
genuineness; provided always, that nothing herein contained shall affect the
right of any party to sue in his own district the Collector who made the
application.
A Collector may delegate all or any of his powers
and duties under this section to any subordinate revenue officer not below the
rank of Deputy Tahsildar.
Section [13][57-A. Revision:--
(1) The State Government may either
suo motu or on application made to them, call for and examine the record
relating to any decision or order passed or proceeding taken by any authority
or officer subordinate to them under this Act for the purposes of satisfying
themselves as to the legality or propriety of such decision or order or as to
the regularity of such proceeding and pass such order in reference thereto as
they think fit.
(2) The State Government may stay
the execution of any such decision, order or proceeding pending the exercise of
their powers under sub-section (1) in respect thereof
(3) Powers of the nature referred
to in sub-sections (1) and (2) may also be exercised by the Board of Revenue in
the case of any decision or order passed or proceeding taken by any authority
or officer subordinate to it.]
Section 58 - Cognizance or questions relating to rate of revenue
No Court of Civil judicature shall have authority to
take into consideration or decide any question as to rate of land revenue
payable to the State Government or as to the amount of assessment fixed on the
portions of a divided estate.
Section 59 - Suits by persons aggrieved by proceeding-Limitation
Nothing contained in this Act shall be held to
prevent parties deeming themselves aggrieved by any proceedings under this Act,
except as hereinbefore provided, from applying to the Civil Courts for redress;
provided that Civil Courts shall not take cognizance of any suit instituted by
such parties for any such cause of action, unless such suit shall be instituted
within six months from the time at which the cause of action arose.
Section 60 - Survival of suits against Collector-Liability for predecessor's acts
No suit brought against any Collector by any person
deeming himself aggrieved by anything done or purporting to be done under this
Act, shall abate by reason of the departure from his district of the Collector
against whom such suit shall have been brought; but the suit shall be continued
against the successor of such Collector in all respects as though it had been
instituted against himself. A suit may be brought against any Collector in his
official capacity on account of anything done or purporting to have been done
under this Act by his predecessor, subject to the limitation prescribed in the
section provided that no Collector shall be personally liable for any official
act of his predecessor.
Section [14] [60-A. Power to make rules:--
(1) The State Government may by
notification in the Andhra Pradesh Gazette, make its rule or rules to carry out
the purposes of this Act.
(2) All rules made under this section
shall, as soon as may be after they are made, be laid on the Table of the
Legislative Assembly and shall be subject to such modifications, whether by way
of repeal or amendment, as the Assembly may make within fourteen days
thereafter during the session in which they are so laid.]
Section 61 - Regulation V of 1822 not to apply to sales
Regulation V of 1822 shall not be applicable to
sales of property under this Act.
Section 62 - Regulation XXVIII of 1802 and I and II of 1803 not t apply to arrears
Regulation XXVIII of 1802 and Regulations I and II
of 1803 shall be inoperative as respects arrears of revenue recoverable under
this Act.
Section 63 - Saving of Regulation V of 1804 and X of 1831
Nothing in this Act shall be held to bar the
operation of the provisions of Regulation V of 1804 and of Regulation X of
1834, in respect to the sale of lands of minors and other disqualified
landholders.
Section 64 - Scope of Act) Omitted by the Andhra Pradesh Adaptation of Laws Order, 1957
64. (Scope of Act) Omitted by the
Andhra Pradesh Adaptation of Laws Order, 1957.
Section 65 - Repeal of certain enactments) Repealed by Central Act XII of 1873
65. (Repeal of certain enactments) Repealed by
Central Act XII of 1873.
Section 66 - (Commencement of Act) Repealed by Central Act XII of 1873
66. (Commencement of Act) Repealed by Central
Act XII of 1873.
Schedule I - FIRST SCHEDULE
THE SCHEDULE
|
|
|
|
Name of the Corporation |
Loans and Advances |
|
|
|
|
1 |
2 |
|
|
|
|
1. The Andhra
Pradesh State Financial Corporation, Hyderabad. |
Term loans as
specified below granted on interest to the industries for acquisition of
fixed assets as required for industry, viz., land, buildings, plant and
machinery, namely:-- |
|
|
|
|
I. RUPEE LOANS |
|
|
(a) In areas
other than backward areas:-- |
|
|
|
(i) For small
scale units covered under credit guarantee scheme 14% per annum of Interest
(5% above Bank rate). |
|
|
(ii) For medium
and large scale units at 15% per annum (6% above Bank rate). |
|
|
(b) In the
notified Backward areas:- |
|
|
(i) For small
scale units at 12% per annum (3% above Bank rate.) |
|
|
(ii) For medium
and large scale units at 12.5% per annum (3.5% above Bank rate). |
|
|
(c) Loans to
transport operations (for all areas) at 15.5% per annum (6.5% above Bank
rate). |
|
|
II. FOREIGN EXCHANGE LOANS |
|
|
(i) For all
units in backward areas at 13% per annum. |
|
|
(ii) For small
scale units located in areas other than backward areas as 14% per annum. |
|
|
(iii) For medium
and large scale units located in areas other than backward areas at 14.5% per
annum. |
|
|
Note:-- (1) The rates of interest mentioned above are with half-yearly rates
calculated on product basis. |
|
|
(2) In the case
of technocrats, the rate of interest shall be reduced by 1/2% per annum where
the units are located in other than backward areas. |
|
2. The Andhra
Pradesh State Film Development Corporation. |
Loans for
construction of Cinema halls and film studios granted at 12% per annum rate
of interest. |
|
|
|
Loans and Advances or other sums due to the
Andhra Pradesh Industrial Development Corporation Limited to be recovered as
Arrears of Land Revenue
In exercise of the powers conferred by the proviso
to sub-section (1) of Section 52-A of the Andhra Pradesh Revenue Recovery Act,
1864 (Act 11 of 1864), the Governor of Andhra Pradesh hereby specifies that the
loans and advances and the other sums mentioned in column (3) of the Schedule
below granted or advanced by or due to the Corporation mentioned in the
corresponding entry in column (2) thereof may be recovered in the same manner
as arrears of land revenue under the provisions of the said Act.
THE SCHEDULE
|
|
||
|
Sl. No. |
Name of the Corporation |
Loans and advances and other sums due together with interest thereon |
|
|
||
|
1 |
2 |
3 |
|
|
||
|
1. |
Andhra Pradesh
Industrial Development Corporation Ltd. Hyderabad |
(a) Term Loans
under Industrial Development Bank of India Refinance Scheme |
|
(b) Bridge Loans |
||
|
(c) Temporary
Demand Loans |
||
|
(d) Other Loans. |
||
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|
||
II. Authorising the commercial taxes officers
to exercise powers under Section 52-B of Andhra Pradesh Revenue Recovery Act, 1864
[G.O.Ms.No. 1837, Revenue (S), dated
23-4-1980]
In exercise of the powers
conferred by sub-section (1) of Section 52-B of the Andhra Pradesh Revenue
Recovery Act, 1864 (Act 11 of 1864), the Governor of Andhra Pradesh hereby
empowers the officers of the Commercial Taxes Department not below the rank of
a Deputy Commercial Tax Officer to exercise the powers conferred under Section
52-B of the said Act in respect of the realisation of arrears under the
provisions of the Andhra Pradesh Entertainments Tax Act, 1939 (Act X of 1939).
III. Recovery of loans and advances by
Municipal Corporation of Hyderabad Notifications under Section 52 of the Andhra
Pradesh Revenue Recovery Act and under Section 7 of Andhra Pradesh Rent and
Revenue Sales Act, 1839
[G.O.Ms.No. 1118, Revenue (L.R.), dated
4-11-1994]
1.
In exercise of the
powers conferred by Clause (ii) of sub-section 52-A of the Andhra Pradesh
Revenue Recovery Act, 1864 (Act II of 1864) and the proviso to the said
sub-section, the Governor of Andhra Pradesh hereby notifies that the loans,
advances, financial assistance and other sums granted or advanced by or due to
the Commissioner, Municipal Corporation of Hyderabad under HUDCO Housing Scheme
shall be recovered in the same manner as arrears of land revenue under the
provisions of the said Act.
2.
In exercise of the
powers conferred by Section 7 of the Andhra Pradesh Rent and Revenue Sales Act,
1839 (Central Act VII of 1839), the Governor of Andhra Pradesh hereby invests
all officers not below the rank of Slum Development Officers, Community Development
Officers, Community Organisers, Deputy Project Officers, Project Officers and
Director of the Urban Community Development, Municipal Corporation of Hyderabad
with the powers of a Tahsildar under Section 2 of the said Act to sell property
distrained for realisation of the dues under H.U.D.C.O. Housing Scheme to the
said Municipal Corporation of Hyderabad.
[1] The explanation was added by
Sec. 5 of the Madras Rent & Revenue Sales and the Madras Revenue Recovery (A.P.--Extension
and Amendment) Act, 1958.
[2] Inserted by Sec. 5 of the
Madras Rent & Revenue Sales and the Madras Revenue Recovery (A.P. Extension
and Amendment) Act, 1958.
[3] Inserted by Sec. 2 of the
Madras Revenue Recovery (Amendment) Act, 1937 (Madras Act XIV).
[4] Substituted for the words
"so paid" by Madras Act 1 of 1909.
[5] Inserted by Sec. 2 of the
Madras Revenue Recovery (Amendment) Act, 1937 (Madras Act XIV).
[6] Substituted for the words "if no such application is
made" by Madras Act 1 of 1906.
[7] Repealed by the Madras Decentralisation Act, 1914 (Madras
Act VII of 1914).
[8] Inserted by Section 2 of A.P.
Act 18 of 1977.
[9]
Inserted by Section 2 of A.P.
Act 22 of 1997, we.f. 19-6-1997. Pub. in A.P. Gaz. Pt. IV-B (ext.). dt.
21-8-1997.
[10] Added by Ibid.
[11]
Inserted by Section 2 of A.P.
Act 22 of 1997, we.f. 19-6-1997. Pub. in A.P. Gaz. Pt. IV-B (ext.). dt.
21-8-1997.
[12] Substituted by Section 2 of the Madras Revenue Recovery
(Andhra Pradesh Amendment) Act VI of 1960.
[13] Amended by Act No. 15 of 1964.
[14] Inserted by Madras Rent and Revenue Sales and Madras
Revenue Recovery (A.P. Extension and Amendment) Act, 1958 (A.P. Act of 1958.