Chapter XI REALISATION OF LAND REVENUE

The land revenue assessed on any land shall be first charge on that land and on the crops, rents and profits thereof.

(1) The land revenue payable on account of a revenue year shall fall due on the first day of that year. (2) The payment of land revenue may be made in cash or may, at the cost of the remitter be remitted by money order on of before such date, in such installments (if any) and to such persons as may be prepared. (3) Any period elapsing between the first day of the revenue year and any date prescribed for the payment of land revenue shall be deemed to be a period of grace, and shall not affect the provisions of sub section (1).

Any land revenue due and not paid on or before the prescribed date becomes therefrom an arrear, and the persons responsible for the payment thereof become defaulters.

(1) Where any person prescribed under sub-section (2) of section 115 receives payment from any other person on account of land revenue or an account of any sum of money recoverable as an arrear of land revenue shall grant a receipt to such other person for such sum in the prescribed form. (2) If any person fails to give receipt as required by sub-section (1), such person shall, on application by the payer, be liable by an order of the Tehsildar to pay a penalty not exceeding double the amount received.

If any installments of land revenue or any part thereof is not paid within one month after the prescribed date, the Sub-Divisional Officer may, in the case of willful defaulter, impose a penalty not exceeding ten percent of the amount not so paid. Provided that no such penalty shall be imposed for the non-payment of any installment, the payment of which has been suspended by an order of the Chief Commissioner, in respect of the period during which the payment remained suspended.

The Chief Commissioner may, in accordance with the rules made under this Regulation, grant a remission or suspension of land revenue in areas in which crops have failed in any year.

(1) A statement of account, certified by the Deputy Commissioner or the Tehsildar shall, for the purpose of this Chapter, be presumed to be correct statement of the arrears of land revenue payable to Government or its amount, and of the person who is the defaulter, until the contrary is proved. (2) No notice to the defaulters shall be necessary before drawing up the statement referred to in sub-section (1).

The Tehsildar or Naib-Tehsildar shall cause a notice of demand in the prescribed form and containing the prescribed particulars to be served on any defaulter before the issue of any process under section 122 for the recovery of an arrear of land revenue.

An arrear of land revenue payable to Government may be recovered by the Tehsildar in the prescribed manner by any one or more of the following process, namely :- (a) by attachment and sale of movable property belonging to the defaulter; (b) by attachment of the holding in respect of which the arrear is due and the sale of the interest of the defaulter therein and where such holding consists of more than one survey number or plot number by such sale in one or more of such survey numbers or plot numbers as may be considered necessary to recover the arrear; (c) by attachment and sale of the interest of the defaulter in any other immovable property : Provided that the process specified in clauses (a) and (c) shall not permit the attachment and sale of the following, namely :- (i) the necessary wearing-apparel, cooking, vessels, beds and bedding of the defaulter, his wife and children, and such personal ornaments as, in accordance with religious usage, cannot be parted with by any woman; (ii) tools of artisans and, if the defaulter is an agriculturist his implements of husbandry, except any implements driven by mechanical power and such cattle and seed as may, in the opinion of the Tehsildar, be necessary to enable him to earn his livelihood as such; (iii) article set aside exclusively for the use of religious endowments; (iv) houses and other buildings (with the materials and the sites thereof and the land immediately appurtenant thereto and necessary for their enjoyment) belonging to an agriculturist and occupied by him.

The cost of serving a notice of demand under section 121 or of issuing and enforcing any process under section 122 shall be recoverable as part of the arrear in respect of which the notice was served or the process was issued.

The process specified in clauses (a) and (c) of section 122 may be enforced either in the district in which the default has been made or in any other district.

(1) If proceedings are taken under this Chapter against any person for the recovery of an arrear of land revenue he may, at any time before his interest in the property is knocked down at a sale, pay the amount claimed and may, at the same time, deliver a protest signed by himself or his authorized agent to the revenue officer taking such proceedings, and thereupon such proceedings shall be stayed.

(1) The proceeds of every sale under this Chapter shall be applied firstly, in satisfaction of the arrears on account of which the sale was held and of the expenses of such sale, secondly, to the payment of any arrears of cesses due from the defaulter under any law for the time being in force, thirdly, to the payment of any other arrear payable to the Government by the defaulter, and forthly, to the payment of any arrears due form the defaulter to a co-operative society and the surplus, if any, shall then be payable to him, or where there are more defaulters than one, to such defaulters according to their respective interests in the property sold: Provided that the surplus shall not be paid to the defaulter or defaulter, as the case may be, until after expiry of two months from the date of the sale in the case of movable property or from such date as may be prescribed in the case of immovable property. (2) Notwithstanding anything contained in sub-section (1), the proceeds of sale under clause (c) of section 122 shall be applied first to the payment of arrears of land revenue payable by the defaulter for the immovable property sold up to the date of the sale, and the surplus, if any, shall be applied in accordance with sub-section (1).

Unless the Sub-Divisional Officer otherwise directs, the purchaser of the interest of the defaulter in the immovable property sold for arrears of land revenue, shall acquire such interest free of all encumbrances imposed on it and all grants and contracts made in respect of it, by any person than the purchaser.

(1) Where the interest of the defaulter in any immovable property is sold under the provisions of this Chapter and such sale has been confirmed by the prescribed authority in the prescribed manner such interest shall be deemed to have vested in the purchaser form the time when such interest is sold and not from the date on which the sale has been confirmed. (2) When a sale is confirmed under sub-section (1), the Sub-Divisional Officer shall put the person declared to be the purchaser in possession of the property and shall grant him a certificate in the prescribed form to the effect that he has purchased the interest of the defaulter in the property specified therein and such certificate shall be deemed to be a valid transfer of such interest.

The purchaser shall not be liable for land revenue payable in respect of the property for any period previous to the date of the sale.

The following moneys may be recovered, under this Regulation in the same manner as an arrear of land revenue, namely :- (a) all rents, cases, royalties, water rates, fees, charges, premia, penalties, fines and costs due to the Government under this Regulation; (b) all moneys falling due to the Government under any grant, licence, lease or contract which provide that they shall be recoverable in the same manner as an arrear of land revenue; (c) all sums declared by this Regulation, or any other law for the time being in force, to be recoverable in the same manner as an arrear of land revenue; and (d) any sum ordered by a liquidator appointed under the Co-operative Societies Act 1912, to be recovered as a contribution to the assets of a society or as the cost of liquidation : Provided that no action shall be taken on application for recovery of a sum specified in clause (d), unless such application is accompanied by a certificate signed by the Registrar appointed under that Act that the sum should be recovered as an arrear of land revenue.

Every person who may have become a surety under any grant or license made or granted under this Regulation whereunder the sum secured is recoverable from the principal as an arrear of land revenue shall, in failure to pay the amount or any portion thereof which he may have become liable to pay under the terms of his security bond, be liable to be proceeded against under the provisions of this Regulation in the same manner as for the recovery of arrears of land revenue

(1) The Deputy Commissioner may appoint for each village or group of village one or more Chaudharis. (2) When there are two or more Chaudharis in a village, the Deputy Commissioner may distribute, subject to the rules made under this Regulation, duties of the office of Chaudhari among them in such manner as he may think fit.

The remuneration of Chaudharis shall be fixed by the Deputy Commissioner in accordance with the rules made under this Regulation

It shall be the duty of every Chaudhari,- (a) to collect and pay into the Government Treasury land revenue and cases payable through him and such other Government dues ordered to be collected by him; (b) to furnish reports regarding the state of his village at such places and times at the Deputy Commissioner may fix in this behalf; (c) to prevent encroachments on waste land, public paths, and roadways in the villages; (d) to preserve such stations and boundary marks erected in his village by surveyors in the service of Government as may be made over to his care and to report any damage caused to such station of marks; (e) subject to rules made u[nder this Regulation, to keep the village in good sanitary condition; (f) to prevent unauthorized cutting wood or unauthorized removable of any minerals of other properties belonging to the Government; (g) to control and supervise the work of the chaukidar; (h) to perform such other duties as may be prescribed.

Subject to the rules made under this Regulation, the Deputy Commissioner may remove from office any Chaudhari.

A Chaudhari who is found negligent in the performance of any duty assigned to him by or under this Regulation shall be liable, under the orders of the Tehsildar, to a fine which may extend to Rs. 20.

Where a Chaudhari is temporarily unable to perform his duties the Sub-Divisional officer may, on his application or otherwise, appoint a substitute for a period not exceeding six months and the substitute so appointed shall for all the purposes of this Regulation, be deemed to be Chaudhari.

Notwithstanding anything contained in this Regulation, the Chief Commissioner may, subject to such conditions, as may be prescribed, entrust the management of a village or the performance of the duties assigned to a Chaudhari by or under this Regulation to a Gram Panchayat: Provided that no such entrustment shall be made except with the consent of the Gram Panchayat.

(1) For each village or group of villages there shall be appointed, in accordance with the rules made under this Regulation, one or more Chaukidars for the performance of such duties as may be prescribed. (2) A Chaukidar who is found negligent in the performance of any duty assigned to him by or under this Regulation shall be liable under the orders of the Tehsildar, to a fine which may extend to Rs. 20.

The remuneration of Chaukidars shall be fixed by the Deputy Commissioner in accordance with the rules made under this Regulation.