(1)
Where
an arrear of land-revenue, or a
sum recoverable as an 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 of that 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 it [Ins.by Act 4 of 1914.s.2 and Sch.,
Pt.I.] [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. [STATE
AMENDMENTS [Uttarakhand [1] [In Section 3 For sub-section (3) the following subsections shall be
substituted, namely-- "(3) The Collector of the other district shall, on
receiving the certificate, proceed to recover the amount stated therein,
together with the costs of the recovery,
as it were an arrear of land revenue which
had accrued in his own district. (3-a) The costs of the recovery under sub-section (3) shall be such as may be
specified by the State Government by notification but the amount of such costs
shall not exceed ten per cent of the amount stated in the certificate.".] (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 part 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 stated in the certificate. [Ins.by
the A.O.1937] (4)
This
section shall apply if under this Act as
in force as part of the law of [Ins.by the India (Adaptation of Income-Tax,
Profits Tax and Revenue Recovery Acts) Order, 1941
(G.G.O.31 dated the 10th December, 1947), (Gazette of India, 1947,
Extraordinary, 1333).] [Pakistan or] Burma, or under any other similar Act forming part of the law of
[Ins.by the India (Adaptation of Income-Tax, Profits Tax and Revenue Recovery Acts) Order, 1947 (G.G.O.31 dated the 10th December
1947), (Gazette of India.1947, Extraordinary, 1333).] [Pakistan or] Burma,
proceedings are taken against a person in [Subs.ibid., for "Burma".]
[Pakistan or Burma, as the case may be,] for the recovery of an amount stated in a certificate made by a
Collector in [Subs by Act 33
of 1950, s.2 (2) and Sch., for " a Part A State or a Part C State".]
[any State to which this Act extends].] [STATE
AMENDMENTS [Uttarakhand [2] [In Section 4 (a)
In
sub-section (1)? (I)
for
the words "pays the same" the words "pays the same together with
the costs referred to in sub-section (3-a) of the said section" shall be
substituted; (II)
for
the words "repayment of the amount" the words "repayment of the
amount stated in the certificate" shall be substituted. (b)
After
sub-section (4) the following sub-section shall be added, namely-- "(5) where a suit instituted under sub-section (2) is
decreed, wholly or partly, the court shall also direct that the defaulter shall
be repaid the proportionate costs paid by him under sub-section (1).".] Where any sum is recoverable as an arrear ,of land-Revenue of any public officer
other than a Collector or by 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. [STATE
AMENDMENTS [Uttarakhand [3] [In Section 5 For sub-section (3) the following sub-sections shall be
substituted, namely-- "(3) The Collector shall, on receipt of the certificate
under sub-section (1), proceed to recover the amount stated therein, together
with the costs of the recovery as
if the amount stated in the certificate were payable to himself and such costs
were also an arrear of land revenue. (3-a) The costs of the recovery under sub-section (3) shall be such as may be
specified by the State Government by notification but the amount of such costs
shall not exceed ten per cent of the amount stated in the certificate."]REVENUE RECOVERY ACT, 1890 (UTTARAKHAND AMENDMENT)