UTTAR PRADESH REVENUE RECOVERY RULES, 1966 

UTTAR PRADESH REVENUE RECOVERY RULES, 1966[1]

PREAMBLE

In exercise of the powers under sub-section (1) of Section 11 of the Revenue Recovery Act, 1890 (Act No. 1 of 1890) as amended in its application to Uttar Pradesh, the Governor of Uttar Pradesh is pleased to make the following rules:

CHAPTER I PRELIMINARY

Rule - 1. Short title, extent and commencement.

(1)     These rules may be called the Uttar Pradesh Revenue Recovery Rules, 1966.

(2)     They shall extend to the whole of Uttar Pradesh.

(3)     They shall come into force with effect from the date of their publication in the Gazette.

Rule - 2. Definitions.

In these rules unless there is anything repugnant in the subject or context

(i)       "Act" means the Revenue Recovery Act, 1890 (Act No. 1 of 1890), as amended in its application to Uttar Pradesh by the Revenue Recovery (Uttar Pradesh Amendment) Act. 1965 (U.P. Act No. 11 of 1965).

(ii)      "Principal Act" means Revenue Recovery Act, 1890 (Act No. 1 of 1890), as it stood prior to its amendment by the Revenue Recovery (Uttar Pradesh Amendment) Act, 1965 (U.P. Act No. 11 of 1965); and

(iii)     "Section" means a section of the Act.

CHAPTER II

Rule - 3. Mode of remittance of Government dues [Sections 3 and 11(1)].

Where any certificate is required to be issued under Section 3 of the principal Act, the Collector making it shall,

(i)       in case the certificate is to be sent to any Collector in Uttar Pradesh and the amount thereof is to be credited in the account of Uttar Pradesh Government, mention the relevant budget head therein;

(ii)      in other cases requires remittance of the amount of the certificate by Remittance Transfer Receipt/Bank Draft or, if the amount is upto Rs. 25, by postal money order.

Rule - 4. Maintenance of register for recovery certificates issued by Collector [Sections 3 and 11(1)].

All recovery certificates issued by the Collector under Section 3 of the principal Act or under Section 5-A of the Revenue Recovery Act, 1 of 1890, as amended by the Revenue Recovery (U.P. Amendment) Act, 1965 (U.P. Act No. 11 of 1965) shall be entered in a register in R.R. Form I, separate volumes whereof may be maintained for different kinds of dues, if necessary.

Rule - 5. Form of recovery certificate for recovery of arrears as arrears of land revenue [Section 5(1)].

The certificate required to be sent under sub-section (1) of Section 5 of the Act by a public officer or a local authority for recovery of sums recoverable as arrears of land revenue from any defaulter who is or has property in Uttar Pradesh shall be in R.R. Form II.

Rule - 6. Procedure for sending the letter of request under Section 5-A of the Act for recovery of arrears as arrears of land revenue [Section 11(1)].

Where the defaulter is or has property outside Uttar Pradesh, the public officer or the local authority, as the case may be, may send under his hand and seal to the Collector of the district in which the office of the public officer or the local authority is situate, a letter of request with a list of defaulter showing therein their names, parentage, complete addresses and particulars of arrears with year-wise breakup and complete description and location of their property, if any, from which the recovery is likely to be made. On receipt of the letter and the list, the Collector will issue the recovery certificate in the form as nearly as may be of the Schedule of the Act.

Rule - 7. Maintenance of register of recovery certificates received by the Collector [Section 11(1)].

All recovery certificate received by the Collector shall be caused to be entered in register in R.R. Form III. Separate volumes of this register may be maintained for different kinds of dues, if necessary.

Rule - 8. Procedure of remittance of Government dues and disposal of cost of processes used for their recovery [Section 11(1)].

As soon as any amount is recovered it shall be deposited into the Government treasury or remitted to the authority concerned, as the case may be, in the manner required in the recovery certificate subject to the following provisions:

(a)      the commission on remittances by money order upto Rs. 25 or the commission, if any, on remittances by Bank Draft or Remittance Transfer Receipt shall be debited to the contract contingencies of the remitter;

(b)      the cost recovered on account of any process used in the recovery of the amount of the certificate shall be deposited into the Government treasury under the relevant receipt head of the budget as if such cost has accrued in the district in which the recovery has been made; and

(c)      the collection charges, if any, required to be charged under any orders of Government shall, unless otherwise provided, be deducted from the amount recovered under the certificate and deposited into the Government treasury under the relevant receipt head of the budget.

Rule - 9. Sending of intimation about the amount deposited into Government treasury [Section 11(1)].

As soon as may be after the amount is deposited into the Government treasury, an intimation shall be sent by the Collector to the authority concerned about the amount deposited and the number and date of the treasury challan in respect of such deposit: