Sec 224 to 257-D Chapter X (Collection of Revenue) The Rajasthan Land Revenue Act, 1956

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224. Revenue, a first charge on land and its produce -

(1) The revenue or rent assessed on every estate or holding shall be first charge thereon and on the rents, profits or produce thereof.

(2) The rents profits and produce of such estate or holding shall not be applied in satisfaction of a decree or order of any civil or revenue court, until all arrears of the revenue or rent due in respect thereof have been paid.

225. Responsibility for revenue -

(1) All the holders and co-sharers of an estate are jointly and severally responsible to the State Government for the rent for the timebeing payable therefor.

(2) All tenants and co-tenants of a holding situated beyond an estate are jointly and severally responsible to the State Government for the erent for the time being payable therefore.

(3) All persons coming into possession of an estate or a holding, shall be responsible for all arrears of revenue or rent due at the time of their coming into possession.

(4) The expression “holder” in this chapter means a person in possession for his own benefit and includes a mortgagee and a lessee of the holder’s rights.

226. Rules as to payment of arrears and defaulters -

The revenue or rent shall be paid in such instalments, to such persons and such times and places and in such manner, as may be prescribed, and any sum not so paid becomes an arrear of revenue or rent, and the persons responsible for its become defaulters :

102 [Provided that until the State Government directs otherwise, the revenue or rent for the timebeing payable to the State Government shall be paid through the Patwari of the Circle.] 102 Ins. vide Sec. 32(b) of Rajasthan Act No. 11 of 1964, Pub. in Raj Gaz. Part IV-A, Ex-ord., dt. 13-4-1964.

227. Certified account to be evidence as to arrears –

A statement of account, certified by the Tehsildar shall for the purpose of the Chapter, be conclusive evidence of the existence of the arrear, of its amount and of person who is the defaulter :

Provided that nothing in this section shall prejudice the right of such person to make payment under protest and to question the correctness of the account in separate independent proceeding before the Collector.

228. Processes for recovery of arrears –

An arrear of revenue or rent may be recovered by one or more of the following processes :-

(a) By serving a writ of demand or a citation to appear on any of the defaulters;

(b) By attachment and sale of his movable property;

(c) By attachment of the specific area, share, patti or estate, in respect of which the arrears is due;

(d) By transfer of such share or patti to a solvent co-sharer;

(e) By sale of other immovable property of the defaulter:

Provided that the provision of clause (e) shall not be applicable to Jagir land 103[or the estate of a landowner].

(103 Ins. vide Section 11 of Raj. Act. No. 18 of 1963, Pub. in Raj Gaz. Part IV-A, Ex-ord., dt. 1-10-1963._

229. Writ of demand and citation to appear –

When an arrear of revenue or rentbecomes due, a writ of demand calling on the defaulter to pay the amount within a time therein stated or a citation to appear on a date therein mentioned may issue.

104[229 A. Power to grant Instalments -

(1) The Collector may, in cases of genuine hardship, order that the payment of arrear of revenue or rent chargeable under this Act or under the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955) for which a writ of demand or a citation has been issued under Section 229, shallbe paid in such number of instalments not extending beyond a period of three years and on such terms as to payment of interest as may be prescribed subject, however, to the condition that if default is made in the payment of any instalment, the entire amount of arrear and interest due thereon shall be payable in lump sum.

(2) When any immovable property has been attached by Collector under this Chapter for the recovery of such arrear, the attachment shall, notwithstanding any order fixing instalments made under sub-section 91), continue until the full amount of the arrear, interest due, if any, and the cost of attachment are paid by the defaulter.]

(104 Ins. by S. 2 of Raj. Act No. 6 of 1981, pub. in Raj. Gaz. E.O. Part (ka), dt. 2.4.1981 on Pae 182.)

230. Attachment and sale of movable property –

The Collector may attach and sell the movable property of the defaulter. Every attachment and sale ordered under this section shallbe made according to the law in force for the time being for the attachment and sale of movable property under the decree of Civil Court. In addition to the particulars mentione din the proviso to Section 60 of the Code of Civil Procedure, 1908 (Central Act V of 1908), articles set aside exclusively for religious use shall be exempted from attachment and sale under this section. The cast of attachment and sale shall be added to the arrear of revenue or rent and shall be recoverable by the same procedure.

231. Attachment of the Land -

(1) The Collector may, in addition to or instead of any of the other processes here in before specified, attach and take under his own management any specific area, share, patti or estate in respect of which an arrear is due, and such attachment, shall last till the arrear is liquidated.

(2) On the liquidation of the arrear, the land shall be released and the surplus received, if any, shall be made over to the defaulter or his legal respresentative.

232. Powers and obligations of manager –

When any land is so held under direct management, the Collector shall be bound by any engagement which at the time of attachment existed between the defaulter and the tenants and shall be entitled to manage the property so attached and to receive all rents and profits accruing therefrom. The collections of the property so attached shall be applied to the payment of any instalment of revenue and rent which may become dueafter attachment and of the cost of attachment and management, and any surplus shall be applied to discharging the arrear on account of which the attachment was made.

233. Proclamation of attachment –

When the Collector attaches any land under Secion 231, he shall issue a proclamation thereof.

(2) payment on account of rent or any other asset of the land, made after the date of such proclamation or in anticipation of due date, to any person other than the Collector shall relieve the person liable to pay from liability for payment to the Collector.

234. Transfer of defaulter’s share -

(1) When the arrear is due in respect of a share or patti or an estate, the Collector may, in addition, to, or instead of, any of the processes hereinafter specified with the previous sanction of the Board, transfer such share or patti for a termnot exceeding ten years fromthe first day of July next after the date of the sanction to all or any of the co-sharers of the estate other than the estate-holder on condition of their paying the arrear, and on such terms as the Board in each case may prescribe. Such transfer shall not affect the joint and several liability of the co-sharers of the estate in which it is enforced.

235. Sale of defaulter’s specific area, patti or estate –

When the Collector is of opinion that the other processes 105[hereinafter] specified are not sufficient for the recovery of an arrear, he may, in addition to or instead of all or any of such other processes. 106[xxx] sell by auction the specific area, patti or estate in respect of which such arrear is due :

Provided that no specific area, pant or estate shall be sold for any arrear which may have accrued while it was -

(a) under the managment of the Court of wards, or

(b) under direct management by the Collector.

(105 Subs. vide Section 3 of the Raj. Act No. 16 of 1961, Pub. in Raj. Gaz. Part IV-A, Ex-ord., dt. 22-5-1961. 106 Deleted by Section 4 of the Raj. Act No. 5 of 1964, Pub. in Raj. Gaz. Part IV-A, Ex-ord., dt. 26-3-1964.)

236. Land to be sold free of encumbrances -

(1) Land sold underthe last preceding section shall be sold free of all encumbrances, and allcontractspreviously made by any person other than the purchaser in respect of southland, shall become voidable at the opts-on of the purchaser at the auction sale.

(2) Nothing son sub-section (1) applies to lands held under bonafede leases, temporary or perpetual for the erect son of dwelling-houses or manufactures, or for gardens, tanks, canals places of worship or cremation or burial grounds, such land continuing to be used for the purpose specified in such leases.

(3) Notwithstanding anything contained in sub-section (1), the State Government may, at any time before the sale has been made, direct that it be made subject touch interesting or rights in land created by the holder thereof, or any person through whom he claims, as set thinks fit.

Also Check: The Rajasthan Land Revenue Act Free One Liner Notes

237 Powers to proceed against Interest of defaulter In property other than that In respect of which default is made -

(1) If an arrear cannot be recovered by any of the above process and the defaulter owns, or has any interest in any other estate or any share in any other immovable property, the Collector may proceed against such estate or share or other immovable property as if set were the land on account of which the revenue or rent is due under the provisions of this Act :

Provided that no interest save those of the defaulter alone shall be affected by such process.

(2) Sums of money recoverable as arrears of revenue and rent butnot due in respect of any specific land, may be recovered by process under this section against any immovable property of the defaulter.

238. Proclamation of sale –

(1) When the sale of any land or other immovable property has been sanctioned under Section 235 or Section 237, the Collector shall issue a proclamation of the intended sale, specifying the land to be sold the time and place of sales, whether or not the land is tobe sold free of encumbrances andany othe particulars, the Collector may think necessary.

(2) A Copy of the proclamation issued under sub-section (1) shall be served on the defaulter.

239. Sale when and by whom to be made –

(1) Every sale under this Chapter shall be made either by the Collector in person or by an Assistant Collector 107[or Tehsildar] specially appointed by himin this behalf.

(2) No such sale shall take place on a Sunday or other authorised holiday or until after the expiration of at least thirty days from the date on which the proclamation thereof was issued.

(3) The Collector, may from time to time, postpone the sale.

(107 Ins. vide Sec. 7 of Raj. Revenue Laws (Amendment) Ordinance, 1977, Pub. in Raj. Gaz. Ex.-ord. Part 4(Kha) dt. 24-11977, Page 52 and replaced by S. 2 of Raj. Act No. 6 of 1981,Pub. in Raj. Gaz. E.O. Part 4(Kh), dt. 22-4-1981 on pages 1-2. )

240. Prohibition to bid for an acquire the property sold –

No officer having any duty to perform in connection with any such sale, and no person employed by or subordinate to such officer, shall either directly or indirectly bid for acquire or attempt to acquire, except on behalf of the State Government or he Court of Wards, the property sold or any indirecte therein.

241. When sale may be stayed –

If the defaulter pays the arrear in respect of which the land or other immovable property is to be sold, any time before the day fixed for the sale, to the person appointed to receive payment of the revenue or rent or to the Collector, or to the Assistant Collector in charge of the sub-division in which the land or other immovable property is situated, the sale shall be stayed.

242. Deposit by purchaser, re-sale in default of deposit –

The person, declared to be the purchaser, shall be required to deposit immediately twenty five per cent of the amount of his bid, and in default of such deposit, the land or other immovable property shall forthwith be again put up and sold; and such person shall be liable for the expenses attending the first sale and any deficiency of price which may occur on the re-sale, which may be recovered from him by the Collector, as if the same were an arrear of revenue.

243. Purchase money when to be paid –

The full amount of purchase money shall be paid by the purchaser at the Collector’s office on or before the fifteenth day from the date of the sale.

(2) If the purchase money is not so paid, the deposit, after the expenses of the sale have been defrayed therefrom, may be forfeited to Government, and the propety shall be resold, and the defaulting purchaser shall forfeit all claims to the property or to any part of the su for which it may be subsequently sold.

244. Liability of purchaser for loss by re-sale -

If the proceeds of sale, which is eventually made, are less than the price bid by such defaulh`ng purchaser, the difference shall be recoverable from him, as if it were an arrear of revenue.

245. Proclamation before re-sale -

No sale after postponement under Section 239 and no re-sale under Section 242 in default of payment of the purchase money shall be made until a fresh proclamation has been issued as prescribed for the original sale.

246. Application to set aside sale on deposit of arrear -

Any person whose land or other immovable property has been sold under this Act may, at any time within thirty days from the date of sale, apply to have the sale set aside on his depositing in the Collector's office -

(a) for payment to the purchaser a sum equal to five per cent of the purchase-money; and

(b) for payment, on account of the arrear, the amount specified in the proclamation of sale as that for the recovery of which the sale was ordered, loss any amount which may, since the date of such proclamation ofsale, have been paid on that account; and

(c) the cost of the sale.

If such deposit is made within the thirty days, the Collector shall pass an order setting aside the sale :

Provided that, if a person applie under Section 247 to set aside such asale, he shall not be entitled to make an application under this section :

Provided also that if the land has been sold free of encoumbrances under Section 236, the encumberances shall be revived as soon as the sale is et aside under this section.

247. Application to set aside the sale for irregularity etc. -

At any time within thirty days from the date of the sale, an application may be made to the Collector to set aside the sale on the mound of some material Irregularity or mistake in publishing or conductinng It. But no sale shall be set aside on such ground unless the applicant proves the satisfaction of the Collector that he has substantial injury by reason of such irregularlity or mistake.

248. Order confirming or setting aside sale -

On the expiration of thirty days from the date of the sale if no such application as is mentioned in Section 246 or Sech`on 247 has been made, or if such application has been made and rejected the Collector shall pass on order confirming the sale and, if such application under Section 247 is made and allowed, the Collector shall pass on order setting aside the sale.

249. Bar of claims founded on irregularitty of mistake –

If no application under Section 247 is made within the time allowed therefore, all claims on the ground of irregularity or mistake in publishing or conducting the sale shall be barred :

Provided that nothing herein contained shall bar the institution of a suit in the civil court for the purpose of setting aside a sale on the ground of fraud.

250. Refund of purchase-money when sale set aside –

Whenever the sale of any land other immovable property is set aside under Section 248 the purchaser shall be entitled to receive back purchase money with interest, at such rate not exceeding six per cent per annum or without interest, as the Collector thinks fits.

251. Purchaser to be put in possession – Certificate of Purchase –

(1) After a sale of land or other immovable property under this Act has been confirmed in the manner aforesaid, the Collector shall put the person declare to the purchaser into possession of such property, and shall grant him a certificate to the effect that he has purchased the property to which the certificate refers, and such certificate shall be deemed to be a valid transfer of such property but need not be registered as a conveyance except as provided by Section 89 of the Indian Registration Act, 1908 (Central Act XV of 1908).

252. Application of proceeds of sale –

When a sale or land or other immovable property under this Act has been confirmed, the proceeds of sale shall be applied in he first place to the payment of any arrears, including costs incurred for the recovery thereof, due to the State Government from the defaulter at the date of the confirmation of the sale whether thearrears are of revenue or rent, or of sums recoverable as an arrear of revenue or rent and in the second place, ifthe sale took place for the recovery of an amount recoverable as an arrear of revenue or rent but not due to the State Government to the payment of that amount including costs as aforesaid and the surplus (if any) shall be paid to theperson whose land has been sold; or if the land sold was held in shares, then to the co-sharers collectively, or sold; or if the land sold was held in shares, then to the co-sharers collectively, or according to the amount of their recorded interests at the discretion of the Collector.

253. Liability of purchaser for revenur or rent –

The person named in the certificate of sale as purchaser of any land shall be liable for all instalments of revenue or rent beocming due in respect of such land after the date of the confirmation of the sale.

254. Pre-emption by co-sharers –

When any land sold under Section 235 or Section 237 is a portion of an estate any recorded co-sharer in the state, other than the person whose land has been sold, may if the lot has been knocked down to a stranger, claim to take the said land at the sum last bid:

Provided that the said demand of pre-emption be made within seven days of sale & provided that the claimantfulfils all other conditions of thesale.

255. 108[xxx]

(108. Omittedby Section 2(i) of Rajasthan Act No. 42 of 1960, Pub. in Raj. Gaz., Ex-ord., Part IV-A, dt. 2-12-1960. This Act No. 42 of 1960 came intoforce with effect from1-1-1961 vide Finance Department Notification No. F. 10(37) F(AA) 54, dt.2212-1960, Pub. in Raj. Gaz., Ex-ord., Part IV-C, dt. 29-12-1969.)

256. Recovery of miscellaneous revenue and other moneys –

The following moneys may be recovered under this Act in the same manner as an arrear ofrevenue -

109[(a) all sums of money declared by this Act or by any law for the time being in force, other than the Rajasthan Public Demdands Recovery Act, 1962 (Rajasthan Act 5 of 1952)].

(i) to be recoverable as an arrear of revenue and revenue or rent, or

(ii) to be a demand or public demand or to be recoverable or realisable as a demand or a public demand or as an arrear of a demand or a public demand;

(b) all sums of money payable to the State Govemment or to a department or an officer of the State Govemment or to local author Hy on account of rates, duties, taxes, charges or other dues under any law or rule having the force of law, notwithstanding that such law or rule does not declare the same to be recoverable or realisable as an arrear of revenue or land revenue or rent or to be a demand or a public demand or to be recoverable as an arrear of a demand or a public demand;

(c) all sums of money payable to the State Govemment or to a department or an officer of the State Govemment or to a local authority -

(i) by way of fees, fines, penalties, compensation of costs imposed or awarded by any authority, not being a civs`I or crs`minalcoust, under this Act or under any other law for the time being in force, or

(ii) on account of pasturage, forests rights, fisheries mills, natural products of land, water-rates, irrigation charge, maintenance and management of irrigation works and the like;

(d) all rents, premia, ceases, rates, fees and royalties due to the State Govemment on account of the use or occupation of land or water or other immovable property, whether belonging to the State Govemment or not, or on account of any products thereof or proceeds therefrom or on any other account;

(e) all sums of money due to the State Govemment under any grant, lease or contract which provides that they shall be recoverable as arrears of revenue or land revenue.]

(109. Subs. by Sc. 2(ii)-Ibid.)

257. Recovery of moneys from sureties -

Every person who may have become a surety under any of the provisions of this Act or under any other enactment or any grant, lease or contract where under the sum secured, is recoverable from the principal as an arrear of revenue, shall, on 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 as if such amount of portion thereof where an arrear of revenue.

110 [257-A Application for Recovery of Moneys referred to in Sections 256 and 257 -

(1) Any officer or authority, to whom any sum of money referred to in Section 256 or Section 257 is due and payable, shall make to the Collector an application in writing in the prescribed form, containing the following particulars, namely :-

(a) the officer authority to whom the sum is due and payable,

(b) the sum due and the nature thereof,

(c) the sum due and the nature thereof,

(d) the period, if any, for which it is due and the date on which it first became payable,

(e) the process by which the sum may be recovered,

(f) where possible, the property against which the process may be executed, and,

(g) such other particulars as may be prescribed by the State Government :

Provided that no such application shall be necessary in cases in which according to the law under which such sum of money is due and payable a certificate or certifie dstatment of account or other document, specifying, as nearly as may be aforesaid particulars, is required to be sent and has been sent to the Collector.

(2) The application, certificate, statement of account or other document referred to in sub-section (1) shall for the purpose of recovery in accordance with the provisions of this chapter be conclusive evidence of the existence of the arrear payable to the officer or authority signing the same, of the amount of such arrear and of the person who is the defaulter.

(110 Ins. by Sec. 2 (iii) of Raj. Act No. 42 of 1960, pub. in Raj. Gaz. Part IV-A, Ex-ord, dt. 2-12-1960.

This Act No. 42 of 1960 came into force with effect from 1-1-1960 vide Finance Department Notification No. F. 14(3)/F/AA/54, dt. 22-12-1960, published in Rajasthan Gazette Ex-pord. Part IV-C, dated 29-12-1960. )

257-B Payment under protest and further remedy -

(1) If proceedings are taken under this chapter against any person for the re cove y of any sum of money referred to in Section 256 or Sech.on 257, such person may at any time, before any property attached in such proceedings is knocked down at a sale thereof, pay the amount claimed and at the same time deliver a protest signed by himself, or by his author|sea agent to the revenue officer taking such proceedings.

(2) When any amount is paid under protest under sub-section (1), such amount along with the protest shall be forwarded to the officer or authority at whose instance proceedings were so started.

(3) Subject to the provision contained in sub-section (4), the person making s payment under protest in accordance with sub- section (1), shall have the right to Institute a suit forthe recovery of the whole ors part of the sum so paid under protest.

(4) No suit under sub-section (3) shall lie or be instituted, if any law under which the sum of money paid under protest is due, provides a remedy, whether by way of su it, appeal, application or other proceedings, to the person from whom such sum was recovered.

(5) No appeal or reference shall lie from an order of a revenue officer passed -n proceedings taken under this chapter for the recovery of sums of money referred to m Secs. 256 and 257.

Section 257-C.

"Person from whom sum is due" defined. For the purposes of Sections 257-A and 257-B, the expression "person from whom sum is due or any other expression to the like effect shall mean the person so named in the application under Sub-section (1) of Section 257-A whether such sun is due from him personally or as a legal repres representative of any other person whom the sum was so due and shall include a person-

(i) Who is liable under Section 257 as a surety of the person from whom the sum is or was so due, or

(ii) Whose name is subsequently substituted for or added as, the person from whom the sum is or was so due

Section 257-D.

Provisions of Chapter to apply to sum due at commencement of Act. The provisions of this Chapter with regard to the recover of revenue or rent shall apply to all arrears of revenue or rent as well as sums of money recoverable under Sections 256 and 257 as arrears of revenue due at the commencement of this Act.

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