The Revenue Recovery Act, 1890
act No. I of 1890
[l4th February, 1890]
An
Act to make better provision for
recovering certain public demands
whereas it
is expedient to make better provision for recovering certain public demands;
It is hereby enacted as follows:---
1.
Title and extent. .—(1) This Act may be called the Revenue Recovery Act,
1890. [(2) It extends to the whole of Pakistan
2.
Definitions.
(1) In this
Act, unless there is something repugnant in the subject or context,---
(2)
"Collector"
means the chief officer in charge of the land-revenue administration of a
district: and
(3)
"defaulter"
means a person from whom an arrear of land-revenue, or a sum recoverable as an
arrear of land-revenue, is due, and includes a person who is responsible as
surety for the payment of any such arrear or sum.
3.
Recovery
of public demands by enforcement of process in other districts than those in
which they become payable. (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 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.
4.
Remedy
available to person denying liability to pay amount recovered under last
foregoing section. (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.
(4)
This section shall apply
if under this Act as in force as part of the law of India or] Burma, or under
any other similar Act forming part of the law of India or] Burma, proceedings
are taken against a person in [India or Burma as the case may be,] for the
recovery of an amount stated in a certificate made by a Collector in
Pakistan.
5.
Recovery
by collectors of sums recoverable as arrears of revenue by other public
officers or by local authorities. Where any sum is recoverable as an arrear
of land-revenue by any public officer other than a Collector or by any 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 has 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.
6.
Property
liable to sale under this Act. (1) When the Collector of a district
receives a certificate under this Act, he may issue a proclamation prohibiting
the transfer or charging of any immoveable property belonging to the defaulter
in the district.
(2)
The Collector may at any
time, by order in writing, withdraw the proclamation, and it shall be deemed
to be withdrawn when either the amount stated in the certificate has been recovered
or the property has been sold for the recovery of that amount.
(3)
Any private alienation
of the property or of any interest of the defaulter therein, whether by sale,
gift, mortgage or otherwise, made after the issue of the proclamation and
before the withdrawal thereof, shall be void as [against the Government]]
and any person who may purchase the property at a sale held for the recovery of
the amount stated in the certificate.
(4)
Subject to the foregoing
provisions of this section, when proceedings are taken against any immoveable
property under this Act for the recovery of an amount stated in a certificate,
the interests of the defaulter alone therein shall be so proceeded against, and
no incumbrances created, grants made or contracts entered into by him in good
faith shall be rendered invalid by reason only of proceedings being taken
against those interests.
(5)
A proclamation under
this section shall be made by beat of drum or other customary method and by the
posting of a copy thereof on a conspicuous place in or near the property to
which it relates.
7.
Saving of
local laws relating to revenue. Nothing in the foregoing sections shall be
construed,---
(a)
to impair any security provided by, or affect the provisions of, any other
enactment for the time being in force for the recovery of land-revenue or of
sums recoverable as arrears of land-revenue, or
(b)
to authorise the arrest
of any person for the recovery of any tax payable to the corporation,
commissioner, committee, board, council or person having authority over a
municipality under any enactment for the time being in force.
8.
Recovery
in Pakistan of certain
public demands arising beyond Pakistan
9.
Recovery in Pakistan of land revenues, etc., accruing in Burma
Provided that the Central Government
shall not give any such direction unless it is satisfied that the remedy
available under section 4 of this Act in Pakistan ]
to a person paying under protest in Pakistan ]
an arrear accruing in Pakistan ]
is available under Burma law
in Burma to a person paying
under protest in Pakistan ]
an arrear accruing in Burma
(2)
For recovering by virtue
of this section any arrears of tax or penalty due under the Enactments relating
to income-tax or super-tax in force in Burma, the Collector shall have such
additional powers as he has in the case of Pakistan income-tax] and super-tax
under the proviso to section 46(2) of the Income-tax Act, 1922.
(3)
Sub-sections (1) and (2)
shall apply in relation to India
as they apply in relation to Burma
10. Duty of
collectors to remit moneys collected in certain cases. Where a Collector
receives a certificate under this Act from a Collector in the other Province or
a Collector in India or] Burma, he shall remit any sum recovered by him by
virtue of that certificate to that Collector, after deducting his expenses in
connection with the matter.
11. Recovery
in the provinces of land revenue, etc., accruing in an acceding state. (1) The
Central Government may in respect of any Acceding State direct that this Act
shall apply to the recovery of an arrear of land-revenue accruing in that State
or a sum recoverable in that State as an arrear of land-revenue and payable to
a Collector or other public officer or to a local authority in that State, and
upon the making of the direction such arrear or sum shall be recoverable by a
Collector as if it were an arrear of land-revenue which has accrued in his own
district.
(2)
For the purpose of a recovery under this section, the Central Government shall—
(a)
specify the authority or
authorities in the said State on whose certificate proceedings for recovery may
be instituted; and
(b)
determine whether and in
what manner and to what extent the provisions of section 4 and sub-section (2)
of section 9 shall apply.
(3)
The Collector shall
remit any sum recovered by him under the provisions of this section to the
authority which issued the certificate after deducting his expenses in the
matter.]
THE
SCHEDULE
certificate
[See section
3, sub-section (1)]
From
---------------------------
The Collector of -----------------------------------
To
---------------------------
The Collector of ----------------------------------------
Dated
the of
18 .
The sum of Rs. ---------------------
is payable on account of
----------------------------
by -------------------------
son of --------------------- resident of
--------------------------------------------------- who is believed (to be
Charitable Endowments [1890 : Act VI
at
) (to have property consisting of
at
) in your
district.
Subject to the provisions of the Revenue Recovery Act, 1890,
the said sum is recoverable by you as if it were an arrear of land-revenue
which had accrued in your own district, and you are hereby desired so to
recover it and to remit it to my office at
---------------------
A. B.,
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