Primary law, Tamil Nadu land law
The Madras Rent and Revenue Sales Act, 1839
The Madras Rent and Revenue Sales Act, 1839 is a primary law that gives tahsildars power to sell property distrained for arrears of rent or revenue, under the Collector's supervision, and directs sale fees or commission to Government. The supplied text does not identify an issuing department or order number, and it records that sections 1 and 4 were repealed and that other wording was amended.
What the Act governs
The Madras Rent and Revenue Sales Act, 1839 governs the sale of property distrained for unpaid rent or revenue. It places the sale power with tahsildars in territories then subject to the Presidency of Fort St. George and makes that power subject to the rules that applied to Commissioners conducting such sales.
The source includes historical notes about the Act's extent within the Madras Presidency and later extensions to specified Scheduled Districts. It does not explain how those historical territorial descriptions correspond to present-day Tamil Nadu or state whether later legislation has changed the Act's current operation.
Key provisions
The Madras Rent and Revenue Sales Act, 1839 provides that:
- Tahsildars have the powers of Commissioners to sell property distrained for arrears of rent or revenue.
- Tahsildars must follow the rules and provisions that apply by law or regulation to those Commissioners.
- The Collector controls and supervises tahsildars when they exercise these sale powers.
- A tahsildar is not under the authority of the Zila Judge when exercising these powers, except in judicial proceedings.
- Tahsildars cannot personally receive a fee or commission for selling distrained property.
- Any fee or commission lawfully collected for such a sale must be credited to Government.
- Subject to the Collector's orders, a tahsildar may delegate the sale powers to a public servant working under the tahsildar's authority.
- A delegated public servant is subject to the same Collector oversight and Government fee requirements that apply to a tahsildar.
Who may be affected
The Madras Rent and Revenue Sales Act, 1839 may be relevant to an owner or occupier whose property has been distrained for arrears of rent or revenue. It may also matter to buyers considering property sold through such a recovery process, and to tahsildars or subordinate public servants responsible for conducting the sale.
Repeals and amendments shown in the text
The Madras Rent and Revenue Sales Act, 1839 has been partly changed. Section 1 was repealed by Act XIV of 1874, and section 4 was repealed by the Repealing and Amending Act, 1891. The source also records amendments to wording and states that the short title was given by the Repealing and Amending Act, 1901.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Can a tahsildar sell property for unpaid rent or revenue?
Yes. The Madras Rent and Revenue Sales Act, 1839 gives tahsildars the powers of Commissioners to sell property distrained for arrears of rent or revenue.
Who supervises a tahsildar conducting the sale?
The Collector controls and supervises the tahsildar's exercise of the sale powers. The Zila Judge has authority only where judicial proceedings are involved.
Can the tahsildar keep a fee or commission from the sale?
No. Any fee or commission lawfully collected for selling the distrained property must be credited to Government.
Can a tahsildar delegate the power to conduct the sale?
Yes. Subject to the Collector's orders, the tahsildar may delegate the power to a public servant under the tahsildar's authority, with the same oversight and fee provisions applying.
