5. Revenue Recovery.
Revenue recovery means collection
of Public revenue due on Land from
the defaulters by enforcing the
provisions of Kerala Revenue
Recovery Act.
6. Revenue Recovery falls under the
state list- Schedule VII list II
43- Public debt of the state.
45-Land Revenue including the
collection of Revenue.
7. Revenue Recovery falls under the
state list- Schedule VII list II
43- Public debt of the state.
45-Land Revenue including the
collection of Revenue.
9. Defaulter.
A person from whom Public Revenue
due on is due and includes his surety.
Also arrears can be realised from the
legal representative of the defaulter.
10. Defaulter.
A person from whom Public Revenue
due on is due and includes his surety.
Also arrears can be realised from the
legal representative of the defaulter.
13. S2- Public Revenue due on Land.
The land revenue charged on the land
includes all other taxes,fees. Cesses on
land .
S-68- All sums due to Govt.
S-71- All sums due to any institution
notified under the Act.
14. S2- Public Revenue due on Land.
The land revenue charged on the land
includes all other taxes,fees. Cesses on
land .
S-68- All sums due to Govt.
S-71- All sums due to any institution
notified under the Act.
15. S3- Public Revenue due on Land.
S-3-Public Revenue
due on land shall be
the first charge
on the land.
James Joseph Adhikarathil
16. S4- Demand Date.
S-4-Public Revenue due on land is to be
paid on or before the day which fall
due.
Demand date will be date of arise of
actual demand or date of service of
DN which ever is earlier.
James Joseph Adhikarathil
17. Mode of Enforcement
1. Attachment and sale of the movable
property.
2. Attachment and sale of the immovable
property.
3. By appointing an agent for the
management of immovable property
4. Arrest and detention in prison.
James Joseph Adhikarathil
18. It is a team work.
1. LRC.
2. Collectorate.
3. Taluk office.
4. Village office.
5. Requisitioning authority.
James Joseph Adhikarathil
19. It is a team work.
1. LRC.
2. Collectorate.
3. Taluk office.
4. Village office.
5. Requisitioning authority.
James Joseph Adhikarathil
20. Main Processes.
1. Issue of RRC by Dist. Collector.
2. Issue of demand notice.
3. Service of Demand Notice.
4. Managing stay.
5. Attachment of movables.
6. Attachment of immovables.
7. Auction.
8. Arrest. James Joseph Adhikarathil
21. Mode of remittance
In Lump Or Instalments.
1. Up to 25000- Tahsildar
2. Upto 200000- Collector.
3. Upto 500000- Revenue Minister.
4. Above 5 lakhs- Chief Minister.
James Joseph Adhikarathil
22. Actual amount to be realised.
1.Actual arrear.
2.Interest.
3. DN fee-Rs 2/-
4.Collection Charge.
5.Cost-
James Joseph Adhikarathil
24. Collection Charge.
1.@ 5% upto Rs 5 lakhs.
2.@ 7.5% above 5 lakhs.
Collection charge
should be realised
from the defaulter
James Joseph Adhikarathil
25. Essential Pre conditions for RR
1. There should be assessment of dues as
certain amount.
2. No RR steps could be taken for an
uncertain amount.
3. There should be proper DN.
4. The demand should be made only against
the defaulter.
James Joseph Adhikarathil
26. S- 7. Attachment of movables
1.It should be in Form-1
2.It should contain details of
arrear amount
Interest and rate
Date
DN fee,(Rs.2/-)
(Generally DN is signed by…………….)
James Joseph Adhikarathil
27. S- 7. mode of service of Demand notice.
1. By serving the DN to the defaulter.
2. By serving the DN to the Adult Male member of his
family.
3. By affixing the outer door of his usual place of
Residence.
4. By Registered Post.
James Joseph Adhikarathil
28. Smart Service of notice.
The village Field Assistant serve the notice to the
defaulter or adult male member of his/her
family by getting acknowledgement in the
served copy
The VM also put his signature in the served copy.
James Joseph Adhikarathil
29. ATTACHMENT OF MOVABLES
1.Attachment shall be done by actual seizure.
2.Attachment shall be in the presence of
2 persons in the locality.
3.Copy of the mahazar and details of the place in
which attached article kept shall be handed
over to the defaulter.
James Joseph Adhikarathil
30. S-10 Exempted items.
1.Ordinary wearing apparel.
2.Tali/wedding ring and ornament used for
ritual usages.
3.Minimum articles used for poojas/worship.
4.Agricultural tools.
5.Tools of artisans.
6. Articles notified by Govt.
.
James Joseph Adhikarathil
31. Attach carefully.
1. TIME-
2. Appear as a Team.
3. Body language.
4. Procedures.
5. Suitability of articles.
6. Quality of articles.
7. Quantity.
8. Safe custody.
James Joseph Adhikarathil
32. Sale of attached articles.
1. Attachment is made by VO, But sale is conducted
by officer authorised by tahsildar( not below the
rank of RI).
2.There should be 15 days notice in form No-2 before
sale .
3. Valuation to be done by concerned dept.
James Joseph Adhikarathil
33. Sale of attached articles.
1. Ready money should be paid.
2. Excess amount should be paid to the
defaulter.
3. Property should be released if arrear
amount is received before auction.
1The property shall be paid for in ready money.
2.Excess amount if any, shall be paid to the defaulter
3.If the arrear amount is pproperty shall be paid for in ready money.
2.Excess amount if any, shall be paid to the defaulter
3.If the arrear amount is paid by the defaulter before sale, the property shall be released.
1.The property shall be paid for in ready money.
2.Excess amount if any, shall be paid to the defaulter
3.If the arrear amount is paid by the defaulter before sale, the property shall be released.
1.The property shall be paid for in ready money.
2.Excess amount if any, shall be paid to the defaulter
3.If the arrear amount is paid by the defaulter before sale, the property shall be released.
.
James Joseph Adhikarathil
34. Attachment of growing crops..
1. Affix demand notice on the land on which
crop grown.
2. Sale can be conducted only when crops are
ripe.
3. Valuation to be done by Agriculture
Officer.1The property shall be paid for in ready money.
2.Excess amount if any, shall be paid to the defaulter
3.If the arrear amo be paid for in ready money.
2.Excess amount if any, shall be paid to the defaulter
3.If the arrear amount is paid by the defaulter before sale, the property shall be released.
1.The property shall be paid for in ready money.
2.Excess amount if any, shall be paid to the defaulter
3.If the arrear amount is paid by the defaulter before sale, the property shall be released.
1.The property shall be paid for in ready money.
2.Excess amount if any, shall be paid to the defaulter
3.If the arrear amount is paid by the defaulter before sale, the property shall be released.
.
James Joseph Adhikarathil
35. s.18 management of attached articles.
1. Should be kept safe.
2. It should not be used.
property shall be released.
1.The property shall be paid for in ready money.
2.Excess amount if any, shall be paid to the defaulter
3.If the arrear amount is paid by the defaulter before sale, the property shall be released.
1.The property shall be paid for in ready money.
2.Excess amount if any, shall be paid to the defaulter
3.If the arrear amount is paid by the defaulter before sale, the property shall be released.
.
James Joseph Adhikarathil
36. s.20 Attachment of debt or share.
Debts/Share,Decree, Bank Account DD/Cheques etc
can be attached.
Issue of prohibitory order in form.3
Notice of attachment in form 4.
3.If the arrear amount is paid by the
defaulter before sale, the property shall be released.
1.The property shall be paid for in ready money.
2.Excess amount if any, shall be paid to the defaulter
3.If the arrear amount is paid by the defaulter before sale, the property shall be
released.
.
James Joseph Adhikarathil
37. s.20- 26 some other Attachments.
1.Attachment of property in custody of court or public
officer-
Form-6.
2.Attachment of Partenership property-
Form-7.
3.Attachment of rent-
Form-8.
4.Attachment of negotiable instrument-
Form-9before sale, the property shall be released.
1.The property shall be paid for in ready money.
2.Excess amount if any, shall be paid to the defaulter
3.If the arrear amount is paid by the defaulter before sale, the property shall be released.
.
James Joseph Adhikarathil
38. s.34 Attachment of Land.
1. The Demand Notice should be in form-10.
2. Attachment Notice should be in form-11.
The date of service of form- 11 will be the date of
attachment.
sale, the property shall be released.
.
James Joseph Adhikarathil
39. s.36 Publication of Notice.
1. In the property
2. Village Offfice.
3. LSG.
4. In the Gazette or one or two local news
papers at the discretion of Collector.75(2)
5. One copy to SRO.
sale, the property shall be released.
.
James Joseph Adhikarathil
40. s.36 Publication of Notice.
1.The served copies of the DN should not be kept in
village office……it should be returned to tahsildar
along with details.
2.The RR/court attachment details may be noted in
the TP register.- notify the land
sale, the property shall be released.
.
James Joseph Adhikarathil
41. s.37-38 Management of property
attached.
Appointment of Agent-
Form.12
Notice to assumption of Management-
Form.13
Order of withdrawal of attachment-
Form.14
sale, the property shall be released.
.
James Joseph Adhikarathil
42. s.37-38 Management of property
attached.
Appointment of Agent-
Form.12
Notice to assumption of Management-
Form.13
Order of withdrawal of attachment-
Form.14
sale, the property shall be released.
.
James Joseph Adhikarathil
43. s.43 Attachment of business.
Order from District Collector is required
Attachment notice in form 15
sale, the property shall be released.
.
James Joseph Adhikarathil
44. s.49 Sale of Land attached.
1. Obtain Valuation from concerned depts.
2. 30 days Notice of Sale- Form16
3. Notice shall be in English and Local language
4. Publish it in Land, V.O, LSG and send one copy to
Requisitioning authority.
5. Obtain valuation and mahazar.
.
James Joseph Adhikarathil
45. s.50 Sale of Land in public auction.
1. Form 16 Notice shall be at least 30
days before the date of sale.
2. If there is no bid or the bid amount is
insufficient , sale can be postponed to
another date not later than 60 days.
James Joseph Adhikarathil
46. s.50 Bought in Land.
BOUGHT IN LAND.
1. If there is no bid , the property may be
purchased on behalf of Government for
a nominal amount of Rs.1
2. If the bid amount is less than the arrear
amount and cost…………?
James Joseph Adhikarathil
47. Time Limits in RR Act.
1. S.7 demand notice 0 days.
2. S.12 sale notice 15 days.
3. S.15 purchase amount 0 days.
4. S.34 demand notice 10 days.
5. S.49 purchase amount 30 days.
6. S.49 adjournment of sale 60 days.
7. S.52 set aside of sale 30 days.
8. S.53 set aside of sale 30 days.
9. S.58 1-2 years.
10. S.65 period of remittance . 30 days.
James Joseph Adhikarathil
48. Set aside of sale.
Any person complaining material irregularity
or mistake shall furnish complaint with
proof within 30 days from the conduct of
sale to set aside the sale.
James Joseph Adhikarathil
49. Time Limits in RR Act.
Any person claiming an interest on the
land auctioned can apply to set aside
the sale within 30 days from the date
of sale, by depositing
1. A sum equal to 5% of the sale amount.
2. A sum equal to the
arrear+interest+cost.
James Joseph Adhikarathil
50. S- 53 settlement of sale.
Sale can be set aside only after due notice to the
auction purchaser..
The purchaser has to remit 15% of the sale amount
immediately after the auction and balance
within 30 days.
If the purchaser fails to remit the amount in time it
shall be resold at his expense. He will be
answerable for the loss in the resale.
James Joseph Adhikarathil
51. S- 54 Confirmation of sale.
After auction, Tahsildar should send the file
to RDO for confirmation of sale.
If the sale is not confirmed the deposit
amount/purchase money should be
returned to the auction purchaser.
Cerificate of sale in form 18 should be issued
to the purchaser if the sale is confirme.
A deed may be executed if the purchaser
desires.
James Joseph Adhikarathil
52. S- 65 Arrest and detention.
No ARREST in case of
1. A woman.
2. A minor.
3.A Person of unsound mind.
4. A surety.
James Joseph Adhikarathil