LexThe rajasthan public demands recovery act, 1952
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Rajasthan Public Demands Recovery Act, 1952
(Act No. 5 of 1952)
[Received the assent of the President on the 25th day of January, 1952.]
An
Act
to consolidate and amend the law relating to the recovery of public demands in [the
State of Rajasthan]
Whereas it is expedient to consolidate and amend the law relating to the
recovery of public demands in1 [the State of Rajasthan],
It is hereby enacted as follows:-
Part-I
Preliminary
1. 2[Short title, extent and commencement. - (1) This Act may be called the
Rajasthan Public Demands Recovery Act, 1952.
(2) 3[It extends to the whole of the State of Rajasthan],
(3) It shall come into force on such [date] 4as the State Government may by
notification in the [Official Gazette] appoint.]
2. Definitions. - In this Act unless there is anything repugnant in the subject
or context:-
(1) "certificate" means a certificate filed under this Act:
5[(2) "defaulter" means a person named in a certificate to be the person from
whom any public demand is due, whether such demand is due from him personally
or as a legal representative of any other person and includes a person -
(i) whose name is subsequently substituted or added as such; and
(ii) who is responsible as surety for the payment of any such demand.]
(3) 6[x x x]
(4) "prescribed" means prescribed by rules made under this Act: and
(5) "public, demand" means any arrear of money mentioned or referred to in
the Schedule to this Act and includes any interest which may by law be chargeable
1 Substituted by section no 4 of rajasthan Act no. 27 of 1957.Raj. Gazatte-1-09-1957.
2 Substituted by section no 2 of Rajasthan Act no. 22 of 1952. Raj. Gazatte-12-07-1952
3 Substituted by item no. 17 of the schedule of Rajasthan Act. No.27 of 1957.Raj. Gazatte.-1-09-0957.
4 Came into force with effect from 15-06-1952 vide Notification no. F. 12(52) A. Rcv.I-B /52,dated 14-06-0952.
5 Substituted by section no 2 of Rajasthan Act 25 of 1956. Raj. Gazatte-26-07-1956
6 Omitted vide item no. 27 of the schedule of Rajasthan Act. No.27 of 1957.Raj. Gazatte.-1-09-0957.
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thereon upto the date of the signin g of a certificate in respect thereof under section
4.
[(6) "Public undertaking" means a Government company in which not less
that fifty per cent of the paid -up share capital is held by the State of Rajasthan and
also includes such other institution in whi ch Government has financial interest, as
may be specifically, notified in the Official Gazette by the State Government.]
Part-II
Filling Service and Effect of Certificates and Hearing of Objections thereto
3. Requisition for recovery - (i) When any public demand is due, the officer
or authority charged with its realization may send to the Collector having
jurisdiction in the place where the defaulter resides or owns property a written
requisition in the prescribed form.
(ii) Every such requisition shall be signed and verified in the
prescribed manner.
4. Filling of certificates. - (i) On receipt of any such requisition as is referred
to in section 3, the Collector if he is satisfied that the demand is recoverable under
this Act and that its recovery by suit is not barred by any law for the time being in
force, may sign a certificate to that effect in the prescribed form specifying, therein
the amount of the demand the account on which it is due the name of the defaulter
and such other particulars as may be necessary for his identification and shall cause
the certificate to be filed in his office.
(ii) Where the Collector is himself the officer charged with the
realization of a public demand, he shall cause a like certificate to be signed
and filed in his office.
5. Transmission of Certificates - (i) A Collector in whose office a certificate
shall have been filed under section 4 may transmit a copy thereof to any other
Collector within whose jurisdiction the defaulter resides or owns property.
(ii) Upon receipt of such copy, such other Collector shall proceed as if
the certificate were originally filed in his office.
6. Service of notice and copy of certificate. - When a certificate has been
filed under section 4 or transmitted under section 5 the Collector in wh ose office it
has been so filed or to whose office it has been so transmitted shall cause to be
served upon the defaulter in the prescribed manner a notice in the prescribed form
along with a copy of the certificate:
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Provided that, where the Collector in w hose office the certificate has been
filed under section 4 has served a notice under this section, it shall not be necessary
for the Collector to whose office it may be transmitted under section 5 to serve a
like notice again.
7. Effect of service of notice. - From and after the service upon a defaulter to
the notice of a certificate under section 6-
(a) any private transfer or delivery of any immovable property of the
defaulter situated within the local limits of [the jurisdiction of] the Collector
issuing the notice or of any interest in any such property shall be void against
any claim enforceable in execution of the certificate, and
(b) the amount due from time to time in respect of the certificate shall
be a charge upon the immovable property of the def aulter, wherever situated,
to which every other charge created subsequently to the service of the said
notice shall he postponed.
8. Petition denying liability. - (1) The defaulter may, within thirty days from
the service of the notice under section 6, or where the notice has not been duly
served, within thirty days from the execution of any process for enforcing the
certificate, present to the Collector issuing [the notice] a petition in the prescribed
form signed and verified in the prescribed manner deny ing his liability in the
whole or in part [on the ground that the demands is not recoverable under this Act
or that its recovery by suit is barred by any law for the time being in force.]
[(2) A Collector to whom, a petition has been presented under sub -section
(1) shall [x x x] where the certificate has been transmitted to such Collector under
section 5, [x x x] forward the petition [to] the Collector in whose office the
certificate has been originally filed.]
[(3) The Collector in whose office the certificate was originally filed shall
hear and determine the petition and may set aside, modify or vary the certificate, if
necessary in accordance with his decision.]
(4) All proceedings under the certificate shall be stayed pending the
determination of a petition presented under this section.
9. [Omitted]
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Part-III
Execution of Certificates
10. Who may execute certificate. - A certificate may be executed by -
(a) the Collector in whose office it is originally filed under section 4,
or
(b) the Collector to whom a copy of the certificate is transmitted under
section 5.
11. Execution of certificate by subordinate officers. - A Collector in whose
office a certificate is filed under section 4 or to whom a copy of the certificate is
transmitted under section 5 may send it for execution to any Assistant Collector or
Tehsildar subordinate to him, within whose jurisdiction the defaulter resides or
owns property:
Provided that no action under this section shall be taken until after the expiry
of thirty days since the service of notice under section 6 or when a petition has
been presented under section 8 until after its final determination.
12. When certificate may be executed. - No step in execution of a certificate
shall be taken until the period of thirty days has elapsed since the date of the
service of the notice under section 6, or, when a petition has been presented under
section 8, until such petition has been heard and determined:
Provided th at, if the Collector is satisfied that the defaulter is likely to
conceal, remove or dispose of the whole or any part of such of his movable
property as would be liable to attachment for the recovery of an arrear of land
revenue and that the realization of the amount of the certificate would in
consequence be delayed or obstructed, he may at any time direct, for reasons to be
recorded in writing, an attachment of the whole or any part of such property.
13. Modes of execution. - Subject to the other provisio ns of this Act, the
amount due under a certificate may be recovered in one or more of the
modes [specified in section 228 of the Rajasthan Land Revenue Act, 1956
(Rajasthan Act 15 of 1956)] and the provisions of [that act] shall apply as if such
amount were an area of land revenue due from the defaulter.
[13A. Power to grant installments. - The Collector referred to in section 10
may, for any sufficient reason, order that payment of the amount due under a
certificate shall be made by such number of installments and on such terms as to
payment of interest, the attachment of the property of the defaulter, the taking of
security from him, or otherwise, as he thinks fit:
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Provided that the installments granted shall not be spread over a period
exceeding three years.]
Part-IV
Supplemental Provisions
14. Interest, costs and charges recoverable. - There shall be recoverable in
the proceedings in execution of every certificate,-
[(a) interest upon the amount of public demand, as stated in the
certificate, from the date of signing of the certificate up to the date of
realization-
(i) at the rate of six and a quarter per cent per annum in the case
of certificates signed before the commencement of the Rajasthan Public
Demands Recovery (Amendment) Act 1976, and
(ii) at the rate of thirteen per cent per annum in the case of
certificates signed after such commencement.]
(b) such costs as may be directed to be paid in any proceeding under
this Act, and
(c) all charges incurred in respect of-
(i) the service of notice u nder section 6 and of warrants and other
processes, and
(ii) all other proceedings taken for realizing the demand.
15. Payment under protest. - After a notice under section 6 has been served
or at any subsequent stage, a defaulter may pay under protest the amount due under
a certificate to the officer executing it. Such protest shall be in writing signed by
the defaulter or his duly authorized agent and shall be made at the time of payment
and thereupon all further proceedings in execution of the certificat es shall be
stayed.
16. Disposal by Collector. - If any amount has been paid under protest under
section 15 and the protest is in order, such amount along with the protest shall be
forwarded to the officer or authority charged with the realization of the p ublic
demand:
Provided that, where such protest is made on any of the grounds specified in
section 9, the Collector to whom the payment has been so made shall keep the
amount thereof in his custody till the expiry of the period within which a suit may
be brought under section 20, or if a suit has in the meantime been brought until the
same has been finally disposed of.
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17. Persons under disability. - Where the officer executing a certificate is
satisfied that the defaulter is a minor or of unsound mind he s hall in any of
proceeding under this Act, permit him to be represented by any suitable person.
18. Continuance of certificate. - No certificate shall cease to be in force by
reason of the death of the defaulter.
19. Procedure on death of defaulter. - Where a defaulter dies before the
amount due under the certificate has been fully satisfied, the officer executing it
may after serving upon the legal representative of the deceased a notice in the
prescribed form [proceed subject to the provisions of section 1 9-A to execute the
certificate] against such legal representative and the provisions of this Act shall
apply as if such legal representative were the defaulter and as if such notice were a
notice under section 6.
[19A. Liability of legal representative. - Where the certificate is executed
against the legal representative, whether the name of such representative was
originally mentioned in the certificate, or was substituted under section 19, he shall
be liable only to the extent of the property of the decea sed which has come to his
hands and has not been duly disposed of and for the purpose of ascertaining such
liability, the officer executing the certificate may compel such legal representative
to produce such accounts as such officer thinks fit.]
Part-V
Suits
20. Suits for cancellation or modifications of certificates. - (1) A defaulter
may bring a suit to have a certificate canceled or modified and for any further
consequential relief to which he may be entitled.
(2) Such a suit may be brought at any time within 6 months-
(a) from the service upon the defaulter of the notice required by section
6 or
(b) from the date of the determination of a petition denying liability
under section 8 [x x x], or
(c) from the date of the protest lodged by him under section 15, [or]
[(d) from the date of the decision of an appeal filed by him under
section 23-A]:
[x x x]
Provided [x x x] that notwithstanding anything contained in this Act and in
any other law for the time being in force, the defaulter may in a suit instituted
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under this section, prove that nothing was due from him on account of the public
demand or that the amount due was less than the amount stated in the certificate.
21. Parties to the suit. - (l) A suit under section 20 shall ordinarily be brought
against the officer or authority charged with the realization of the public demand:
Provided that where the suit is brought under clause (b) or clause (c) of sub -
section (2) of the said section, the Collector shall also be made a party thereto.
(2) The [State Gover nment] shall not be made a party to any suit under
section 20 unless the public demand was due to the [State Government].
22. Place of suing. - A suit under section 20 shall be instituted in a Civil
Court [x x x] having jurisdiction in the local area in wh ich the office of the officer
or authority charged with the realization of the public demand is situated.
23. Suit not to operate as stay. - No suit instituted under section 20 shall
operate to stay further proceedings under and in execution of the certifi cate sought
to be canceled or modified otherwise than in pursuance of an injunction issued by
the Court in which the suit is instituted.
[Part-V-A]
Appeal, Revision and Reviews
23A. Appeal. - (1) An appeal from [an Order made by the Collector under
section 8 or 19-A] shall lie to the [revenue appellate authority].
(2) Subject to the provisions contained in section 5 of the Indian Limitation
Act (IX of 1908), every such appeal shall be presented within thirty days from the
date of the order.
(3) No appeal shall lie from any order of the [revenue appellate
authority] passed on appeal.
[23B. Revision. - The Board of Revenue shall have power to revise any
order made under this Act by any officer subordinate to the Board.
23C. Review. - Any order passed under t his Act may, after notice to all
persons interested, be reviewed, by the officer who made the order or by his
successor-in-office, or, if the order is passed by the Board of Revenue, then by
such Board on account of mistake or error either in the making of the certificate or
in the course of any proceeding under this Act.
23D. Stay of execution during appeal, revision or review. - Pending the
decision of any appeal or application for revision or review, execution may be
stayed, if the appellate, revising or reviewing authority as the case may be, so
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directs, but not otherwise; and such direction for stay may be given on such terms,
if any, as the authority giving the direction may think fit.]
Part-VI
Miscellaneous
24. Costs. - Subject to such limitations as may be prescribed, the award of
cost of and incidental to any proceeding under this Act, shall be in the discretion of
the officer incharge of such proceeding and he shall have full power to direct by
whom and to what extent such costs shall be paid.
25. O fficers to have powers of Civil Court for certain purposes. - Every
Collector, Assistant Collector or Tehsildar acting under this Act, shall have the
powers of a Civil Court for the purposes of receiving evidence, administering oath,
enforcing the attendance of witnesses and compelling the production of documents.
26. Protection of action taken under Act. - No suit, prosecution or other
proceeding shall lie except as otherwise herein provided against the [State
Government] or any officer of [State Governmen t] or any person acting under the
authority of the [State Government] or any officer of [State Government] in respect
of anything which is in good faith done or intended to be done under this Act in
furtherance of the provisions thereof.
27. Application of the Indian Limitation Act, 1908. - (1) Sections 6 to 9 of
the Indian Limitation Act, 1908, shall not apply to suits or proceedings under this
Act.
(2) Except as declared in sub -section (1) the provisions of the Indian
Limitation Act, 1908, shall apply to all proceedings under this Act as if a
certificate were a decree of a Civil Court.
28. Penalties. - Whoever fraudulently removes, conceals, transfers or
delivers to any person any property or any interest therein, intending thereby to
prevent that property or interest therein from being taken in execution of a
certificate, shall be deemed to have committed an offense punishable under section
206 of the Indian Penal Code, 1860.
29. Power of Government to make rules. - (1) The [State
Government] may [by Notification in the] [Official Gazette] make rules [x x x] for
the purpose of carrying into effect the provisions thereof.
(2) Such rules may, in particular, and without prejudice to the generality of
the powers conferred by sub -section (1), provide for all or any of the following
matters, namely:-
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(a) the signature and verification of requisitions made under section 3;
(b) the service of notices issued under section 6, the service of other
notices or processes issued under this Act, and the manner in which serv ice
may be proved:
(c) the signing and verification of petitions, under section 8, denying
liability;
(d) the forms to be used under this Act; and
(e) all matters which according to the provisions of this Act. are to be
prescribed.
[(3) xxx]
30. Saving of other laws. - (1) The powers given by this Act or the rules
made thereunder shall be deemed to be in addition to and not in derogation from,
any powers conferred by any other law for the time being in force for the recovery
of any due, debt or demand to wh ich the provisions of this Act are applicable, and
except where expressly so provided, no legal remedy shall be affected by this Act.
(2) Nothing in this Act shall be construed-
(a) to impair any security provided by any other enactment for the time
being in force, for the recovery of any dues, debt or demand, to which the
provisions of this Act are applicable, or
(b) to authorize the arrest or detention in the civil prison of any person
for the recovery of any tax payable to a local authority.
31. [x x x]
Schedule
Public Demands
[See Section 2(5)]
[x x x]
[6. Any money payable to the State Government or to a department or an
officer of Government-
(i) Under or in pursuance of written instrument, or
(ii) Under in pursuance of an agreement evidenced by a writ ing, a
correspondence or otherwise in repayment of any advances or in lieu of any
services rendered or supplies made by the Government or such department or
officer of Government.]
7. Any money payable to any local authority, in respect of which the person
liable to pay the same has agreed, by a written instrument or agreement, duly
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registered, that it shall be recoverable as a demand or a public demand or as an
arrear of revenue or land revenue.
8. Any money payable to the [State Government] or to a depart ment or an
officer of [State Government] in consequence of loss, misappropriation,
defalcation or breach of trust by a public servant.
9. Any money due from a person who is a surety for the payment of any sum
recoverable under the provisions of this Act.
10. Any money due from a purchaser at a sale held in execution of a
certificate under this Act, whether the sale is subsisting or not.
[11. Any money payable to a public undertaking-
(i) under or in pursuance of a written instrument; or
(ii) under or in pursuance of an agreement with the public undertaking
and evidenced by a writing, a correspondence or otherwise in repayment of
any loan or advance or in lieu of any services rendered or supplies made by
or on behalf of the public undertaking; or
(iii) in consequence of loss, misappropriation, defalcation or breach of
trust by any employee of a public undertaking.]