LexThe Telangana Revenue Recovery Act, 1864.
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Open in Lexace · Ask the AI about this actTHE TELANGANA REVENUE RECOVERY ACT, 1864.
(ACT NO. II OF 1864)
ARRANGEMENT OF SECTIONS
Sections
1. Interpretation clause, Landholder.
2. Security for Revenue.
3. Landholder when and to whom to pay kist.
4. Arrear of revenue.
5. Arrear of revenue how recovered.
6. Terms of Sanad-i-Milkiyat-iistimrar to be observed.
7. Interest on arrears.
8. Rules for seizure and sale of movable property.
9. Procedure when defaulter neglects to pay after
notice.
10. On tender of arrear and expenses prior to sale,
distress withdrawn.
11. Distrained crops how dealt with.
12. Distrained cattle or goods not to be used.
13. Recovery of loss from neglect in respect of
distrained property.
14. Distress to be proportionate to the arrear.
14-A. Articles exempted from distraint.
15. Time of distress.
16. Penalty for fraudulent conveyance of property to
prevent distress.
17. Claims to property distrained and sold.
2 [Act No. II of 1864]
18. Penalty for forcibly or clandestinely taking away
distrained property.
19. What places distrainer may force open.
20. Powers of distrainer to force open doors in the
presence of a police officer.
21. Punishment for unlawful entry.
22. Proclamation of time of sale and of property to be
sold.
23. Sale how conducted.
23-A. Sale of perishable articles.
24. Payment on purchase of distrained property.
25. Demand to be served prior to attachment of land.
26. Procedure when defaulter neglects to pay.
27. Mode of attachment.
28. Management of attached property.
29. Notice of assumption of management.
30. Duties of agent.
31. Liability of agent to suit or prosecution.
32. Effect of existing agreements between landholder
and tenants.
33. Payments by tenents.
34. Settlement on withdrawal of attachment.
35. Persons interested in land may release it from
attachment.
36. Procedure in sale of immovable property.
36-A. Certain provisions of section 36 not to apply to
cases of purchase by Government.
[Act No. II of 1864] 3
37. Tender of arrears up to sunset on day before sale.
37-A. Application to set aside sale of immovable property
on deposit.
38. Application to set aside sale.
39. Proclamation of sale.
40. Delivery of possession.
41. Contracts and payments binding on purchaser.
42. Sale to be free of all incumbrances.
43. Recovery of arrears due to defaulter on day of sale.
44. Sale of land for arrears.
45. Apportionment of assessment on subdivision.
46. Repealed.
47. Sale may be postponed on tender of security.
48. Powers of arrest in case of willful or fraudulent non-
payment of arrears.
49. Procedure in case of arrest.
50. Mode of enforcing payment by sureties.
51. Removal of crops may be prevented where revenue
is payable in kind.
52. Similar process in case of other special of revenue,
advances, fees cesses, etc.
52-A. Recovery of sums due to certain banks and other
public bodies as arrears of land revenue.
52-B. Recovery of dues from persons from whom money
is due to the defaulter.
53. Process servers to be paid batta.
54. Interest and charges recoverable as arrears.
55. Who to bear expense of countermanded sale.
4 [Act No. II of 1864]
56. Receipts for payment of revenue.
57. Procedure where defaulter or surety resides out of
district.
57-A. Revision.
58. Cognizance of questions relating to rate of revenue.
59. Suits by persons aggrieved by proceedings.
60. Survival of suits against collector.
60-A. Power to make rules.
61. Regulation V of 1822 not to apply to sales.
62. Regulation XXVIII of 1802, and I and II of 1803, not
to apply to arrears.
63. Saving of Regulations V of 1804 and X of 1831.
64. Omitted.
65. Repeal of certain enactments repealed by Central
Act XII of 1873.
66. Commencement of Act repealed by Central Act XIV
of 1873.
THE TELANGANA REVENUE RECOVERY ACT, 1864.1
ACT No.II OF 1864.
1. The term “landholder” as used in this Act, shall be
taken to comprise the following persons:-
All persons holding under a Sanad -i-Milkiyat-i-istimrar,
all other Zamindars, Shrotriyamdars, Jagirdars, Inamdars,
and all persons farming the Land Revenue under the State
Government. All holders of land under Ryotwar settlements,
or in any way subject to the payment of revenue direct to the
State Government.
Public revenue due on land shall, for the purposes of
this Act, be taken to include cesses or other dues payable to
the State Government on account of water supplied for
irrigation.
2. The land, the buildings upon it, and its products, shall
be regarded as the security of the public revenue.
3. Every landholder shall pay to the Colle ctor, or other
officer empowered by him to receive it, the revenue due
upon his land on or before the day on which it falls due,
according to the kistbandi or other engagement, and where
no particular day is fixed, then within the time when the
payment falls due according to local usage: Provided that,
except where property is held under a Sanad -i-Milkiyat-i-
istimrar or other similar instrument, it shall be lawful for the
Board of Revenue, by notification published in the District
1. The Andhra Pradesh Revenue Recovery Act, 1864 in force in the
combined State, as on 02.06.2014, has been adapted to the State of
Telangana, under section 101 of the Andhra Pradesh Reorganisation
Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws
Order, 2016, issued in G.O.Ms.No.45, Law (F) Department, dated
01.06.2016.
Security for
revenue.
Landholder when
and to whom to
pay kist.
Interpretation
clause,
Landholder.
Public revenue.
Board of Revenue
may alter
amounts and
dates of payment.
2 [Act No.II of 1864]
Gazette, to alter and fix, from time to time, the amount of the
several kists or instalments, and the dates at which they
shall respectively become payable.
2[Explanation.-The reference to the District Gazette in
this Act, shall in its applicat ion to the territories sp ecified in
sub-section (1) of section 3 of the States Reorganisation Act,
1956 (Central Act 37 of 1956), be construed as a reference
to the 3Telangana Gazette, until a District Gazette is
published for the district in the said territories.]
4. When the whole or portion of a kist shall not be so
paid, the amount of the kist or of its unpaid portion shall be
deemed to be an arrear of revenue.
5. Whenever revenue may be in arrear, it shall be lawful
for the Coll ector, or other officer empowere d by the
Collector in that behalf, to proceed to recover the arrear,
together with interest and costs of process, by the sale of
the defaulter ’s movable and immovable property, or by
execution against the person of the defaulter in manner
hereinafter provided.
6. If the defaulter hold under a Sanad-i-Milkiyat-i-istimrar
or other similar instrument, the mode of recovering the
arrear shall he in accordance with the terms of such Sanad.
In the case of other defaulters, the Collector, or other officer
empowered by the Collec tor in that behalf, may at his
discretion, proceed to realize the arrear by the sale of either
the movable or immovable property of the defaulter, or of
both.
2. Added by section 5 (ii) of the Andhra Pradesh Rent and Revenue
Sales and the Andhra Pradesh Revenue Recovery (Extension and
Amendment) Act, 1958 (Act VI of 1959).
3. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Arrear of revenue.
Arrear of revenue
how recovered.
Terms of Sanad-i-
Milkiyat-istimrar to
be observed.
[Act No.II of 1864] 3
7. Arrears of revenue shall bear interest at the rate of 6
per cent per annum.
8. In the seizure and sale of movable property for arrears
of revenue, the following rules shall be observed:-
First.—The Collector, or other officer empowered by
the Collector in that behalf, shall furnish to the person
employed to distrain the property of a defaulter, a demand
in writing and signed with his name, specifying the name of
the defaulter, the amount of the arrear for whic h the distress
may be issued, and the date on whic h the arrear fell due.
The person employed to distrain shall produce the writing
which, if the arrear together with the batta due to him, under
section 53, be not at once paid, shall be his authority for
making the distress, and on the day on which the property
may be distrained, shall deliver a copy of such writing to the
defaulter, endorsing thereon a list or inventory of the
property distrained, and the name of the place where it may
be lodged or kept.
Second.—The writing shall further setforth that the
distrained property will be immediately brought to public
sale unless the amount, with interest, batta, and all the
expenses of the distress, be previously discharged.
Third.—When a defaulter may be absent, a copy of the
writing, with the endorsement, shal l be fixed or left at his
usual place of residence, or on the premises where the
property may have been distrained, before the expiration of
the third day, calculating from the day of the distress.
9. When the amount due shall not have been paid
pursuant to the terms of the demand, and no arrangement
for securing the same shall have been entered into to the
satisfaction of the Collector or other officer empowered by
the Collector in that behalf, the distrainer shall transmit an
Interest on
arrears.
Rules for seizure
and sale of
movable property.
Procedure when
defaulter neglects
to pay after
notice.
Demand in
writing.
Defaulter to be
served with a
copy.
Writing to state
that the distrained
property will be
sold.
Service when
defaulter is
absent.
4 [Act No.II of 1864]
inventory of the property distrained to the nearest public
officer empowered to sell distrained property, under Act VII
of 1839 4, in order that it may be publicly sold for the
discharge of the arrear due, with interest, batta, and cost of
distraint.
10. Where a defaulter may tender payment of the arrear
demanded after his property may have been distrained, and
prior to the day fixed for sale, tog ether with payment of
interest, batta, and all necessary expenses attending
distress, the distrainer shal l receive the amount immediately
upon the same being tendered, and shall forthwith release
the property.
11. The distrainer attaching the crops or ungathered
products of the land belonging to a defaulter, may cause
them to be sold when fit for reaping or gathering or, at his
option, may cause them to be reaped or gathered in due
season and stored in proper places until sold. In the latter
case, the expense of reaping or gathering and storing such
crops or products shall he defrayed by the owner upon his
redeeming the property, or from the proceeds of the sale in
the event of i ts being sold. When crops or products
belonging to a tenant shall have been sold, it shall be lawful
for such tenant to deduct the value of the crops or products
so sold from any rent which may be due by him, then or
afterwards, to the defaulter, in respec t of the land on which
such crops or products have been grown. It shall also be
lawful for a tenant whose crops are attached for an arrear of
revenue to pay the arrear and deduct the amount in the
aforesaid manner from any rent due by him, then or
afterwards.
4. The Telangana Rent and Revenue Sales Act, 1839 (Central Act VII of
1839) as adapted in G.O.Ms.No.45, Law (F) Department, dated
01.06.2016.
On tender of
arrear and
expenses prior to
sale, distress
withdrawn.
Tenants may pay
arrears and
terminate
attachment.
Distrained crops
how dealt with.
[Act No.II of 1864] 5
12. The distrainer shall not work the bullocks or cattle, or
make use of the goods or effects distrained; he shall provide
the necessary food for the cattle or livestock, the expense
attending which shall be defrayed by the owner upon his
redeeming the property, or from the proceeds of the sale in
the event of its being sold.
13. Where property distrained may be stolen or lost, or
damaged by reason of the necessary precautions for its due
preservation not having been taken, or from its having been
improperly worked or made use of, the amount of such loss
or damage shall be recoverable by summary process by the
Collector from the officer whose neglect or act occasioned
the loss or damage, and the amount when recovered shall
be paid to the person damnified.
14. The distress levied shall not be excessive, that is to
say, the property distrained shall be as nearly as possible
proportionate to the amount of the arrear.
5[14-A. The following articles sh all not be distrained for
arrears of revenue:-
(a) the necessary wearing apparel, cooking vessels,
beds and bedding of the defaulter and such personal
ornaments of a woman as in accordanc e with religious
usage cannot be parted with by her;
(b) his ploughs, implements of husbandry, one pair of
ploughing cattle, such manure and seed grain stocked by
the defaulter or on his behalf by his cultivator as may be
necessary for the due cultivation of his lands in the ensuing
year; and
5. Inserted by section 5 (iii) of Act VI of 1959.
Distrained cattle
or goods not to
be used.
Distress to be
proportionate to
the arrear.
Recovery of loss
from neglect in
respect of
distrained
property.
Articles exempted
from distraint.
6 [Act No.II of 1864]
(c) any other class of article s which may be notified by
the Government in the 6Telangana Gazette.]
15. Distress shall be made after sunrise and before sunset
and not otherwise.
16. Where a defaulter may make a fraudulent convey ance
of property to prevent the distress for arrears, any Civil Court
of competent jurisdiction, upon proof thereof, shall
summarily cause the property to be delivered up to the
distrainer. The defaulter will further be liable to the penalties
prescribed by section 424 of the Indian Penal Code.
17. Where any person, not being a defaulter or responsible
for a defaulter, may claim a right to the property distrained,
and the distrainer may, notwithstanding, cause the same to
be sold, such claimant, on proof of such right in any Civil
Court of competent jurisdiction, and in the event of the
distrainer being unable to prove the responsibility for the
arrear of revenue, on account of which the property may
have been sold, shall recover from the distrainer the full
value of such property, with interest, costs, and damages,
according to the circumstances of the case. But claims to
crops upon the grou nd or to gathered products of the
ground attached, in the possession of the defaulter, whether
founded upon a previous sale, mortgage, or otherwise, shall
not bar the prior claim of revenue due from the ground upon
which such crop or product may have been grown.
18. Where it may be proved to the satisfaction of any Civil
Court of competent jurisdiction that any person has forcibly
or clandestinely taken away property once distrained, the
Court may summarily cause such property to be restored to
the distrainer. The offender will further be liable to the
penalties prescribed by the Indian Penal Code.
6. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Time of distress.
Penalty for
fraudulent
conveyance of
property to
prevent distress.
Claims to property
distrained and
sold.
Penalty for
forcibly or
clandestinely
taking away
distrained
property.
Revenue to be the
first charge.
[Act No.II of 1864] 7
19. It shall be lawful for the distrainer to force open any
stable, cowhouse, granary, godown, out -house, or other
building, and he may a lso enter any dwelling house the
outer door of which may be open, and may break open the
door of any room in such dwelling house for the purpose of
attaching property belonging to a defaulter and lodged
therein: provided always that it shall not be lawful for such
distrainer to break ope n or enter any apartment in such
dwelling house appropriated for the zenana or residence of
women, except as hereinafter provided.
20. Where a distrainer may have reason to s uppose that
the property of a defaulter is lodged within a dwelling house,
the outer door of which may be shut, or within any
apartments, appropriated to women, which, by the usage of
the country, are considered private, such distrainer shall
represent the same to the officer in charge of the nearest
police station. On such representation, the officer in charge
of the said station shall send a police officer to the spot, in
the presence of whom the distrainer may force open the
outer door of such dwelling-house, in like manner as he may
break open the door of any room within the house except
the zenana. The distrainer may also, in the presence of the
police officer, after due notice given for the removal of
women within a zenana, and after furnishi ng means for their
removal in a suitable manner (if they be women of rank,
who, according to the customs of the country cannot appear
in public), enter the zenana apartments for the purpose of
distraining the defaulter ’s property deposited therein, but
such property, if found, shall be immediately remove d from
such apartments after whi ch they shall be left free to the
former occupants.
21. Persons entering the apartments of women, or forcing
open the outer door of dwelling -houses, contrary to the
provisions of this Act, shall, on conviction before a
Magistrate, be liable to a fine not exceeding Rupees 500, or
What places
distrainer may
force open.
Powers of
distrainer to force
open doors in the
presence of a
police officer.
Punishment for
unlawful entry.
8 [Act No.II of 1864]
to imprisonment of either descri ption for any period not
exceeding six months.
22. The public officer, empowered under Act VII of 1839 7 to
sell distrained property, shall cause to be affixed to the outer
door of the defaulter ’s house, or on the premises where the
property may have been distrained, a list of the property to
be sold, with a notice specifying the place where, and the
day and hour at which the distrained property will be sold
and shall cause proclamation of the int ended sale to be
made by beat of drum in the village to which the lands on
which the arrear has accrued may b elong, and in such
place or places as the Collector, or other officer empowered
by the Collector in that behalf, may consider necessary to
give due publicity to the sale. No sale shall take place until
after the expiration of a period of fifteen days from the date
on which the notice may be so affixed.
23. At the appointed time, the property shall be put up in
one or more lots, as the said officer may consider advisable,
and shall be disposed of to the highest bidder. Where the
property may sell for more than the amount of the arrear, the
overplus after deducting expenses of process and interest,
shall be paid to the defaulter.
8[23-A. Notwithstanding anything in sections 22 and 23,
crops or products which are in their nature speedily
perishable shall be sold by the distrainer as early as
possible after they are distrained in such manner as m ay be
provided in the rules made by the State Government in this
behalf, and the sale proceeds shall be deposited with the
public officer referred to in section 22.]
7. Act No.VII of 1839.
8. Inserted by section 5 (iv) of Act VI of 1959.
Proclamation of
time of sale and of
property to be
sold.
Sale how
conducted.
Sale of perishable
articles.
[Act No.II of 1864] 9
24. The property shall be paid for in ready money at the
time of the sale, or as soon after as the officer holding the
sale shall appoint, and the purchaser shall not be permitted
to carry away any part of the property until he has paid for
the same in full. Where the purchaser may fail in the
payment of the purchase money, the property shall be
resold, and the defaulting purchaser shall be liable for any
loss arising, as well as the expenses incurred on the re-sale.
Where the property may, on the second sale, sell for a
higher price than at the first sale, the difference or increase
shall be the property of him on whose account the said first
sale was made.
25. Before a Collector, or other officer empowered by the
Collector in that behalf, proceeds to attach the land of the
defaulter, or buildings thereon, he shall cause a written
demand to be served upon the defaulter, specifying the
amount due, the estate or land in respect of wh ich it is
claimed, the name of the party in arrear, the batta due to the
person who shall serve the demand, and the time allowed
for payment, which shall be fixed with reference to the
distance from the land on which the arrear is due to the
place at which the money is to be paid. Such demand shall
be served by delivering a copy to the defaulter, or to some
adult male member of his family at his usual place of abode,
or to his authorized agent, or by affixing a copy thereof on
some conspicuous part of his last known residence, or on
some conspicuous part of the land about to be attached.
26. When the amount due shall not have been paid
pursuant to the terms of the demand, and no arrangement
for securing the same shall have been entered into to the
satisfaction of the Collector or other officer empowered by
the Collector in that behalf, he shall proceed to recover the
arrear by the attachment and sale of the defaulter ’s land in
the following manner.
Payment on
purchase of
distrained
property.
Demand to be
served prior to
attachment of
land.
Procedure when
defaulter neglects
to pay.
Re-sale in case of
default.
Mode of service.
10 [Act No.II of 1864]
27. The attachment shall be effected by affixing a notice
thereof to some conspicuous part of the land. The notice
shall set forth that unless the arrear, with interest and
expenses, be paid within the date therein mentioned, the
land will be brought to sal e in due course of law. The
attachment shall be notified by public proclamation on the
land, and by publication of the notice in the District Gazette.
28. It shall be lawful for the Collector, when attaching the
land of a defaulter, or at any time during such attachment to
assume the management of the property attached. In such
case he shall appoint an agent with a proper establishment
of officers to manage the property, and shall give the agent
certificate of appointment with written instructions under his
seal and signature, and th e expenses of management shall
be defrayed out of the income of the property; provided
always, that where the property may be too inconsiderable
to admit of its being charged with the salary of an agent, it
shall be committed to the care of such Revenue officer as
the Collector may select, who shall be subject to all the
provisions herein contained in reference to agents.
29. Notice of the assumption of management shall
forthwith be served on the defaulter in the manner described
in section 25, and shall be notified by public proclamation
on the land, and by publication in the District Gazette.
30. It shall be the duty of the agent, during the continuance
of management under se ction 28, to collect the rents and
profits due, or accruing due upon the estate, according to
the engagements subsisting between the defaulter and the
parties holdi ng under him, or according to established,
usage where no specific engagements exist. The agent shall
keep accounts of all his receipts and disbursements and
submit the same, and pay over the balance, to the Collector,
or other officer empowered by the Col lector in that behalf ,
monthly, or whenever required, and the defaulter shall be at
Mode of
attachment.
Management of
attached property.
When Revenue
officer to take
charge.
Notice of
assumption of
management.
Duties of agent.
[Act No.II of 1864] 11
liberty to inspect the accounts at all reasonable times and to
take copies of the same at his own expense without fee.
31. It shall be lawful for the de faulter to proceed by
prosecution or suit against the agent, in respect of any
criminal or illegal act done by him to the injury of the
defaulter or his estate, and all tenants, or other persons
holding by subordinate title, shal l have the same remedies
against him as they would have had against the defaulter if
the act were done by the defaulter.
32. All engagements entered into between the landholder
and his tenan ts, except such as are hereinafter mentioned,
shall be binding upon the Collector, during attachment, but
all such engagements made collusively with a view to defeat
or delay the effect of the attachment, and all leases of land
at a rate lower than the usu al rates of assessment, and not
made bona fide for the purpose of erecting factories or
buildings, or of bringing waste land into cultivation, and all
engagements made subsequently to attachment, shall be
null and void against the Collector, if he shall so declare:
subject, however, to the right of the partie s to such
agreement, to bring a suit against the Collector in the
ordinary tribunals to establish the same; and all charges or
incumbrances upon such land shall be post poned to the
payment of the public revenue.
33. All payments on account of rent or profits actually due,
made before public notice of assumption of management to
or on behalf of any landholder by any person holding under
him, shall be valid against the Colle ctor, and all such
payments made after public notice of such assumption or
made before they were actually due, shall be null and void
against the Collector, who shall be entitled to recover as
arrears of rent, the full amount from the parties by whom it
was paid, leaving them to sue the defaulter in the ordinary
courts of law.
Liability of agent
to suit or
prosecution.
Effect of existing
agreements
between
landholder and
tenants.
Payments by
tenants.
12 [Act No.II of 1864]
34. All sums received from the property attached, after
paying the expenses of attachment and management, shall
be carried to the credit of the defaulter in discharge of the
arrears due, and interest thereon at the rate of six per cent
per annum, and as soon as all arrears, interest, costs of
attachment, and expense of management shall have been
liquidated, the attachment shall be withdrawn, and a full
account rendered of all receipts and disbursements during
its continuance.
35. It shall be lawful for any person claiming an interest in
land which has been, or is about to be, att ached, to obtain
its release by paying the arrears, interest, and costs
incurred; and all s uch sum s, if paid by a tenant, may be
deducted from any rent then or afterwards due by him to the
defaulter; and if paid by a bona fide mortgagee or other
incumbrancer upon the estate, 9[or by any person not being
in possession thereof but bona fide claiming an interest
therein adverse to the defaulter] shall be a charge upon the
land, but shall only take priority over other charges
according to the date at which the payment was made.
10[Such sums when paid by a bona fide mortgagee or other
incumbrancer shall further constitute a debt from the
defaulter.]
36. In the sale of immovable property under this Act the
following rules shall be observed:—
First.- The sale shall be by public auction to the highest
bidder. The time and place of sale shall be fixed by the
Collector of the district in which the property is situated, or
other officer empowered by the Collector in that behalf. The
time may be either previous to or after the expiration of the
fasli year.
9. These words were substituted for the words “shall constitute a debt
form the defaulter to him and” by section 1 of Madras Act I of 1897.
10. These words were added by section 1 of Madras Act I of 1897.
Settlement on
withdrawal of
attachment.
Persons
interested in land
may release it
from attachment.
Procedure in sale
of immovable
property.
Public auction.
[Act No.II of 1864] 13
Second.—Previous to the sale the Collector, or other
officer empowered by the Collector in that behalf, shall issue
a not ice thereof in English and in the language of the
district, specifying the name of the defaulter; the position
and extent of land and of his buildings thereon; the amount
of revenue assessed on the land, or upon its different
sections; the proportion of th e public revenue due during
the remainder of the current fasli; and the time, place, and
conditions of sale. This notice shall be fixed up one month
at least b efore the sale in the Collector ’s office and in the
Taluk cutcherry, in the nearest police statio n-house, and on
some conspicuous part of the land.
Third.—A sum of money equal to fifteen per cent of the
price of the land shall be deposited by the purchaser in the
hands of the Collector, or other officer empowered by the
Collector in that behalf, at the time of the purchase, and
where the remainder of the purchase -money may not be
paid within thirty days, the money so deposited shall be
liable to forfeiture.
Fourth.—Where the purchaser may refuse or omit to
deposit the said sum of money, or to complete the payment
of the remaining purchase -money, the property shall be
resold at the expense and hazard of such purchaser, and
the amount of all loss or expense which may attend such
refusal or om ission shall be recoverable from such
purchaser in the same manner as arrears of public revenue.
Where the lands may, on the second sale, sell for a higher
price than at the first sale, the difference or increase shall be
the property of him on whose account the said first sale was
made.
Fifth.- All persons bidding at a sale may be required to
state whether they are bidding on their own behalf or as
agents, and, in the latter case, to deposit a written authority
Notification one
month before
sale.
Deposit by
purchaser.
Re-sale in default
of payment.
Agents to name
principals.
14 [Act No.II of 1864]
signed by the ir principals. If such requisition be not
complied with, their bids may be rejected.
11[36-A. The provisions of the Third and Fourth clauses of
section 36 shall not apply to cases where immovable
property sold under this Act is purchased by the
Government.]
37. It shall be competent to the de faulter or to any person
acting on his behalf, or claiming an interest in the land, to
tender the full amount of the arrears of revenue with the
interest thereon, and all charges which have been incurred
in demanding the arrears, or in attaching or managing the
estate or in taking the s teps necessary for sale, and
thereupon the sale shall be stayed:
Provided always that such tender must be made before
sunset on the day previous to that appointed for the sale ,
and all sums 12[paid under this or the next succeeding
section] by any tenant, or bona fide mortgagee, or other
incumbrancer 13[or any person bona fide claiming an
interest in the estate adverse to the defaulter] may be
recovered in the manner provided in section 35.
14[37-A. (1) Any person owning or claiming an interest in
immovable property sold under this Act may at any time
within thirty days from the da te of sale , deposit in the
treasury of the taluk in which the immovable property is
situated,-
11. Inserted by section 2 of the Andhra Pradesh Revenue Recovery
(Amendment) Act, 1937 (Act XIV of 1937).
12. Substituted for the words “so paid ” by section 2 of Madras Act I of
1909.
13. Inserted by section 2 of Madras Act I of 1897.
14. Inserted by section 3 of Madras Act I of 1909.
Certain provisions
of section 36 not
to apply to cases
of purchase by
Government.
Tender of arrears
up to sunset on
day before sale.
Application to set
aside sale of
immovable
property on
deposit.
[Act No.II of 1864] 15
(a) a sum equal to five per cent um of t he purchase
money;
(b) a sum equal to the arrears of revenue for which
the immovable property was sold, together with interest
thereon and the expenses of attachment, management and
sale and other costs due in respect of such arr ears, and
may apply to the Collector to set aside the sale.
(2) If such deposi t and application are made within
thirty days from the date of sale, the Collector shall pass an
order setting aside the sale, and shall repay to the
purchaser the purchase mon ey so far as it has been
deposited, together with the five per centum deposited by
the applicant:
Provided that if more persons than one have made
deposit and application under this section, the application of
the first depositor to the officer authorize d to set aside the
sale shall be accepted.
(3) If a person applies under section 38 to set aside the
sale of immovable property he shall not, unless he
withdraws such application, be entitled to make an
application under this section.]
15[38. (1) At any time within thirty days from the date of the
sale of immovable property, application may be made to the
Collector to set aside the sale on the ground of some
material irregularity, or mistake, or fraud, in publishing or
conducting it; but, except as otherwise is hereinafter
provided, no sale shall be set aside on the ground of any
such irregularity or mistake unless the applicant proves to
the satisfaction of the Collector that he has sustained
substantial injury by reason thereof.
15. Substituted by section 1 of Madras Act III of 1884.
Application to set
aside sale.
16 [Act No.II of 1864]
(2) If the application be allowed, the Collector shall set
aside the sale and may direct a fresh one.
(3) On the expiration of thirty days from the date of the
sale, 16[if no application to have the sal e set aside is made
under section 37 -A or under clause (1) of this section] or if
such application has been made and rejected, the Collector
shall make an order confirming the sale: provided that, if he
shall have reason to think that the sale ought to be set aside
notwithstanding that no such application has been made or
on grounds other than those alleged in any application
which has been made and rejected, he may, after recording
his reasons in writing, set aside the sale.
(4) Whenever the sale of any lands is not so confirmed
or is set aside, the deposit or the purchase -money, as the
case may be shall be returned to the purchaser.
(5) After the confirmation of any such sale, the
Collector shall register the lands sold in the name of the
person declared to be the purchaser and shall execute and
grant a certificate of sale bearing his seal and signature to
such purchaser.
Such certificate shall state the property sold and the
name of the purchaser, and it shall be conclusive evidence
of the fact of the purchase in all Courts and Tribunals, where
it may be necessary to prove the same ; and no proof of the
Collector’s seal or signature shall be necessary, unless the
authority before whom it is produced shall have reason to
doubt its genuineness.]
39. When lands may be purchased at public sale the
Collector, or other officer empowered by the Collector in
16. Substituted for the words, “if no such application is made ” by
section 4 of Madras Act I of 1909.
On confirmation
of sale
purchaser’s name
to be registered.
Order confirming
or setting aside
sale.
Refund of deposit
or purchase
money when sale
set aside.
Certificate of sale.
Proclamation of
sale.
[Act No.II of 1864] 17
that behalf, shall publish in the villages, in which the land
sold may be situated, in the cutcherry of the taluk, in the
head cutcherry of the district, and in the District Gazette, the
name of the purchaser and the date of purchase, together
with a declaration of the lawful succession of such
purchaser to all the rights and property of the former
landholder in the said lands.
40. Where, notwithstanding such publication, any lawful
purchaser of land may be resisted and prevented from
obtaining possession of his purchased land, any Court of
competent jurisdiction, on application and production of
certificate of sale provided fo r by section 38, shall cause the
proper process to be issued for the purpose of putting such
purchaser in possession in the same manner as if the
purchased lands had been decreed to the purchaser by a
decision of the Court.
41. All contracts entered into by the defaulter with his
tenants, and all payments to him by them shall be binding
upon the purchaser to the same extent and under the same
conditions as laid down in sections 32 and 33 of this Act.
42. All lands brou ght to sale on account of arrear s of
revenue shall be sold free of all incumbrances, and if any
balance shall rem ain after liquidating the arrear s with
interest and the expenses of attachment and sale and other
costs due in respect to such arrears, it shall be paid over to
the defaulter unless such payment be prohibited by the
injunction of a Court of competent jurisdiction.
43. Arrears of rent which on the day of sale may be due to
the defaulter from his under-tenants shall, in the event of the
sale, be recoverable by him after the sale by any process,
except distraint, which might have been used by him for that
purpose before the said sale.
Delivery of
possession.
Contracts and
payments binding
on purchaser.
Sale to be free of
all incumbrances.
Recovery of
arrears due to
defaulter on day
of sale.
Disposal of
surplus.
18 [Act No.II of 1864]
44. It shall be lawful for the Collector, or other officer
empowered by the Collector in that behalf, to sell the whole
or any portion of the land of a defaulter in discharge of
arrear of revenue; provided always that, so far as may be
practicable, no larger section of the land shall be sold than
may be sufficient to discharge the arrears with interest, and
expenses of attachment, management, and sale.
45. Where only a part of a landed estate held under a
Sanad-i-Milkiyat-i-istimrar, or otherwise subject to the
payment of a lump assessment, may be sold, the
assessment upon such part shall be apportioned by the
Collector previous to sale in manner following:-
The amount of revenue to be assessed on each
division shall bear the same proportion to the actual value of
such division as the total amount of the revenue of the
whole estate may bear to the total actual value of the entire
estate previous to such division.
To this end the Collector shall have power to demand
from landholders and from the karnams of villages accounts
of the produce and of the charges attending the
management of lands to be divided; such landholders and
karnams shall furnish the said accounts when required for a
period of not less than three years next preceding the then
current year; where the landholder may refuse or
unreasonably delay to comply with such demand so as t o
prevent the assessment being fixed on such divided
portions of land, the Collector shall proceed to sell the entire
estate.
17[46. [XXX]
17. Repealed by the Andhra Pradesh (Andhra Area) Decentralization
Act, 1914 (Act VIII of 1914).
Sale of land for
arrears.
Apportionment of
assessment on
subdivision.
Production of
accounts.
Effects of non
production.
[Act No.II of 1864] 19
47. When a defaulter tenders security, it shall be lawful for
the Collector, or other officer empowered by the Collector in
that behalf, to accept it and postpone the sale of the
defaulter’s property upon such conditions and until such
time as he may appoint; in the event of default being made
in the performance of such conditions, the Collector or such
officer may sell the property and proceed against the
defaulter or against his security, or both.
48. When arrears of revenue, with interest and other
charges as aforesaid cannot be liquidated by the sale of the
property of the defaulter, or of his surety, and the Collector
shall have reason to believe that the defaulter or his surety is
wilfully withholding payment of the arrears, or has been
guilty of fraudulent conduct in order to evade payment, it
shall be lawful for him to cause the arrest and imprisonment
of the defaulter, or his surety, not being a female, as
hereinafter mentioned; but no person shall be imprisoned
on account of an arrear of r evenue for a longer period than
two years, or for a longer period than six months, if the
arrear does not exceed Rs. 500, or for a longer period than
three months, if the arrear does not exceed Rs. 50; provided
that such imprisonment shall not extinguish the debt due to
the State Government by the defaulter, or his surety.
49. The Collector shall issue his warrant for the arrest of
the defaulter, or his surety, or both, not being females,
which shall specify his or their name, the amount of revenue
due and the date on which it became payable, and the
warrant shall be signed and sealed by the authority by
whom it was issued. The officer charged with the execution
of the warrant shall thereupon arrest the defaulter, or his
surety, or both and convey him or them to the district gaol,
and deliver the warrant to the gaoler, which shall be a
sufficient authority to him to receive the prisoner or
prisoners. A copy of such warrant shall be retained by the
Sale may be
postponed on
tender of security.
Powers of arrest
in case of willful or
fraudulent non-
payment of
arrears.
Period of
imprisonment.
Debt not
extinguished.
Procedure in case
of arrest.
20 [Act No.II of 1864]
gaoler, who shall forthwith despatch the original to the
officer in charge of the gaol.
50. All the remedies prescribed by this Act i n case of
revenue defaulters may be employed against their sureties,
and it shall be law ful for the Collector, or other office r
empowered by the Collector in that behalf, to enforce the
same simultaneously with, or either previou sly or
subsequently to, their enforcement against the principal; so,
nevertheless, that no more than the total sum in arrears, and
interest with costs and charges, shall be realized from both.
51. When land-revenue is payable in kind, it shall be lawful
for the Collector or other officer empowered by the Collector
in that behalf, to prevent the removal of the crop from the
land until a division has been made, and the portion which
belongs to the State Government has been set apart, unless
the landholder furnishes such security as the Collector may
deem satisfactory.
52. All arrears of revenue othe r than land -revenue due to
the State Government, all advances made by the State
Government for cultivation or other purposes connected
with the revenue, and all fees or other dues payable by any
person to or on behalf of the village servants employed in
revenue or police duties, and all cesses lawfully imposed
upon land 18[and all sums due to the State Government,
including compensation for any loss or damage sustained
by them in consequence of a breach of contract], may be
recovered in the same manner as ar rears of land revenue
under the provisions of this Act, unless the recovery thereof
shall have been or may hereafter be otherwise specially
provided for.
18. Inserted by section 2 of the Madras Revenue Recovery
(Amendment) Act, 1939 (Madras Act XV of 1939).
Mode of enforcing
payment by
sureties.
Removal of crops
may be prevented
where revenue is
payable in kind.
Similar process in
case of other
species of
revenue,
advances, fees
cesses, etc.
[Act No.II of 1864] 21
19[52-A. (1) Without prejudice to any other mode of recovery
which is being taken or may be taken, all loans granted and
all advances made to any person-
(i) by any bank to which the re -payment of the said
loans and advances is guaranteed by the State
Government; or
(ii) by such Corporation established by or under a
Central or Provincial or State Act, or Government Company
as defined in section 617 of the 20Companies Act, 1956, or
sExcerpt shown. Open the full act in Lexace.