The Kerala Revenue Recovery Act, 1968

The Kerala Revenue Recovery Act, 1968

Tax196892 sections

This Act provides for the recovery of arrears of public revenue in Kerala, including land revenue and other sums recoverable as if they were land revenue. It creates a charge on land for revenue due, and lets the Collector recover arrears with interest by attaching and selling the defaulter's movable and immovable property. It also sets out the procedure and limits for such attachments.

  1. 1. Short title, extent and commencement
  2. 2. Amendment of section 69
  3. 3. Charge and security for public revenue
  4. 4. Revenue to be paid in time to the Collector or the officer authorised
  5. 5. Arrears of public revenue due on land how recovered
  6. 6. Interest on arrears of public revenue due on land
  7. 7. Amendment of section 49
  8. 8. Attachment of movable property (other than growing crops and ungathered products) in the possession of defaulter
  9. 9. Attachment not to be excessive and certain articles not to be attached
  10. 10. Time of attachment by seizure
  11. 11. Procedure when defaulter neglects to pay after attachment
  12. 12. Sale of attached property
  13. 13. Officer to conduct the sale
  14. 14. Insertion of new sections 83A, 83B, 83C and 83D
  15. 15. Payment of the purchase money
  16. 16. Procedure when the defaulter tenders payment of arrear after attachment but before sale of property
  17. 17. Attachment and sale or disposal otherwise of growing crops or ungathered products
  18. 18. Attached cattle or goods not to be used
  19. 19. Attachment of debt, shares. etc
  20. 20. Attachment of decree
  21. 21. Attachment of share in movable property
  22. 22. Attachment of negotiable instrument
  23. 23. Attachment of property in custody of court or public officer
  24. 24. Attachment of partnership property
  25. 25. Attachment of rents
  26. 26. Sale of negotiable instruments and shares in corporation
  27. 27. Order for payment of coin or currency notes
  28. 28. Restoration of property in cases of fraudulent conveyances
  29. 29. Claims to property attached and sold
  30. 30. Restoration of property forcibly or clandestinely taken away
  31. 31. Power to enter dwelling house, etc
  32. 32. Removal of property from apartments of women
  33. 33. Punishment for unlawful entry
  34. 34. Demand to be served prior to attachment of land
  35. 35. Procedure when defaulter neglects to pay
  36. 36. Mode of attachment
  37. 37. Management of property attached
  38. 38. Appointment of agent
  39. 39. Notice of assumption of management
  40. 40. Duties of agent
  41. 41. Liability of agent to suit or prosecution
  42. 42. Surplus to go to the defaulter
  43. 43. Attachment and assumption of management of business
  44. 44. Effect of engagements and transfers by the defaulter
  45. 45. Payment by tenants
  46. 46. Claim for release of attachment by third parties
  47. 47. Persons interested in land may obtain release from attachment
  48. 48. Judgment–creditor of the defaulter may pay arrears
  49. 49. Procedure for sale of immovable property
  50. 50. Bidding on behalf of the Government or the institution notified under section 71 of this Act
  51. 50A. Reconveyance of Bought-in-Land
  52. 51. Tender of arrears before sale
  53. 52. Application to set aside sale of immovable property on deposit
  54. 53. Application to set aside sale on ground of material irregularity, mistake, etc
  55. 54. Order confirming or setting aside sale
  56. 55. Refund of deposit or purchase money when sale set aside
  57. 56. On confirmation purchaser's name to be registered
  58. 57. Name and title of such purchaser to be published
  59. 58. Delivery of possession
  60. 59. Contracts and payments binding on purchaser
  61. 60. Sale to be free of all encumbrances
  62. 61. Recovery of arrears due to defaulter on day of sale
  63. 62. Sale of land for arrears
  64. 63. Sale may be postponed on tender of security
  65. 64. Apportionment of assessment when part only of a single property is sold
  66. 65. Arrest in case of willful and fraudulent non-payment of arrears
  67. 66. Procedure in case of arrest
  68. 67. Mode of enforcing payment by sureties
  69. 68. Application of the Act for the recovery of certain other due to Government
  70. 69. Procedure for recovery of public revenue due on land when defaulter or surety resides outside the district and for the recovery of dues other than public revenue due on land
  71. 70. Payment under protest
  72. 71. Power of Government to declare the Act applicable to any institution
  73. 72. General bar to jurisdiction of civil courts save where fraud alleged
  74. 73. Delegation of powers of the Collector
  75. 74. Service of notice
  76. 75. Mode of publication of notices, etc
  77. 76. Process servers to be paid batta
  78. 77. Interest and charges recoverable as arrears
  79. 78. Liability for expenses of countermanded sale
  80. 79. Cognizance of questions relating to rate of public revenue
  81. 80. Attachment of salaries and debts of defaulters
  82. 81. Saving of right to sue
  83. 82. Suits or prosecutions by persons aggrieved by proceedings
  84. 83. Power of revision of Commissioner of Land Revenue and Government
  85. 83A. Special power of the Government to issue stay and instalments
  86. 83B. Power of the Government to issue Moratorium
  87. 83C. Settlement Scheme for Bought-in-Land
  88. 83D. Intimation of Settlement Scheme
  89. 84. Who shall not bid at revenue sales
  90. 85. Penalty for fraudulent conveyance of property to prevent attachment or for forcibly taking away property attached
  91. 86. Power to make Rules
  92. 87. Repeal

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