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View Full Version : Enumerate the processes for effecting the recovery of arrears of land revenue. (1998)



vustudents
09-09-2012, 08:04 PM
Q. What are the various processes of recovery of the arrears of the land revenue. give in detail only one such process. (2003)
Q. What are the eight legal processes to recover the arrears of the land revenue. (2004)
Q. What are the coercive measures prescribed under law for the recovery of arrears of land revenue. (2005)
Q. What are the different steps prescribe under law for the recovery of arrears of land revenue. (2006)
1. Introduction:
If a landowner fails to pay land revenue assessed or imposed on his holding government may adopt various methods for recovery of the land revenue. the payment of land revenue is the first charge on the land and the collecting agencies can collect the revenue from person occupying the land without regard to his title.
2. Relevant provisions:
Sec. 80 land revenue act 1967.
3. Processes available under land revenue act for the recovery of arrears:
Following are different processes available under land revenue act for the recovery of arrears of the land revenue.
I. By notice of demand:
A notice of demand may be issued by the revenue officer on or after the day following on which an arrear of land revenue occurs.
Case law 1990 ALD 149
The notice of demand which can be issued by the revenue officer could be invoked only in those cases where dues against a person has been determined.
II. By arrest and detention of defaulter:
If land revenue remains unpaid after the laps of 30 days of further notice, the revenue officer may issue a warrant for the arrest of defaulter by a police officer. the revenue officer may produce the defaulter before the collector or he may be kept by him not more than 10 days.
(i) Exceptions:
Following are exempted from the arrest.
(i) Female.
(ii) Lunatic.
(iii) Minor.
(ii) Non execution of warrant:
The warrant shall not be executed in the following cases.
(i) If arrears are paid by the defaulter.
(ii) Any security is furnished for the payment of arrears by the defaulter.
III. Distress and sale of moveable property and crops:
At any time after an arrear of land revenue has accrued, the moveable property, and uncut or ungathered crops of the defaulter, may be detained and sold by order of a revenue officer.
(a) Discretion of collector:
The collector may exempt any quantity seed grain, any cattle and subsistence for the family of the defaulter.
IV. By transfer of holding:
At any time after an arrear of land revenue has accrued on a holding to any person being a landowner of the estate in which such holding situated and not being a defaulter in respect of his own holding, on condition of his paying the arrear before being put in possession of the holding and on such further conditions as the collector may deem fit to impose.
(a) Duration of transfer:
The transfer may be either till the end of agricultural year or for a term not exceeding fifteen years.arrears of the land revenue is not recoverable by any of the processes here in before.
V. By attachment of holding:
The collector may cause such holding to be attached and taken under his own management or that an agent appointed by him for that purpose. this attachment will not exceed in any case from 5 years shall be released are discharged sooner, the land shall be released and the surplus profit, if any, by handed over to the land owner.
VI. By annulment of assessment of holding:
If the aformentioned processes are insufficient and the revenue is due for more than one year the board of revenue may annul the existing assessment of the holding.
VII. By sale of holding:
If the land revenue is accrued and forgoing processes are insufficient for the recovery thereof, the collector with the prior permission of the board of revenue, may sell the land in respect of which arrears are due.
VIII. By proceeding against immovable property of the defaulter:
If the arrears of the land revenue is not before mentioned, the collector may attach any other immovable property of the defaulter.
4. Place of making deposit:
Arrears of land revenue have to be deposited at the same Tehsil headquarter in whose jurisdiction the estate is situated and where the tehsil treasury has been incorporated with the district treasury, than any such deposit can be made into the district treasury.
5. Land revenue from whom recoverable:
PLD 1972 Rev. 43
Land revenue is charge on the land and the collecting agencies can collect the same from a person occupying the land without regard to his title to the land.
6. Conclusion:
To conclude I can say that, the land revenue act provides for the processes for recovery of arrears of land revenue. all the land owners are liable for the payment of land revenue of their holding under land revenue act no one can escape his liability for the payment of arrears of land revenue.