primary law

The Revenue Recovery Act, 1890

The Revenue Recovery Act, 1890, an Indian central law issued as Act No. 1 of 1890 and dated 14th February, 1890, provides for recovering land revenue arrears and other public demands, including recovery from a defaulter or the defaulter's property in another district. The supplied text includes later adaptations, extensions and state amendments, but does not show a Tamil Nadu-specific amendment.

Category
Acts and rules
Pages
9
Status
In force
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What the law governs

The Revenue Recovery Act, 1890 allows a Collector to recover an arrear of land revenue, or another sum legally recoverable in the same way, across district boundaries. A Collector in the district where the amount became payable may send a recovery certificate to the Collector of another district where the defaulter is located or has property.

The Revenue Recovery Act, 1890 defines a Collector as the chief officer responsible for a district's land revenue administration. A defaulter includes both the person owing the amount and a surety responsible for paying it.

Who may be affected

The Revenue Recovery Act, 1890 may affect:

  • A person who owes land revenue or another public demand recoverable as land revenue.
  • A surety responsible for that person's payment.
  • A person who lives or owns property in a district different from the district where the liability arose.
  • A public officer or local authority seeking recovery through the Collector.

For a Tamil Nadu property owner or buyer, the important point is that recovery is not necessarily limited to the district where the debt arose. The supplied text does not contain a Tamil Nadu-specific amendment.

Key recovery provisions

The Revenue Recovery Act, 1890 provides that:

  • The originating Collector may issue a certificate identifying the defaulter, the amount payable and the reason it is due.
  • The certificate must be signed by the Collector or an officer given that duty in writing.
  • Except where the law provides otherwise, the certificate is conclusive proof of the matters stated in it.
  • The receiving Collector must recover the certified amount as though it were a land revenue arrear arising in that Collector's own district.
  • A Collector may also act on a request from another public officer or a local authority where a sum is recoverable as an arrear of land revenue.

Challenging liability

The Revenue Recovery Act, 1890 permits a person who denies liability to pay under written protest, signed by the person or an agent, and then sue for repayment. The suit must be filed in the Civil Court with jurisdiction over the area where the certifying Collector's office is located. The applicable law is the law in force where the arrear accrued or the liability arose.

The arrangement of provisions also identifies property liable to sale as a subject covered by the law, but the supplied extract does not provide the detailed rules governing such a sale.

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 revenue arrears be recovered from me in a different district?

Yes. The Collector where the amount is payable may send a certificate to the Collector of another district where you are located or have property, and that Collector may recover the amount as a local land revenue arrear.

Can a surety be treated as a defaulter?

Yes. The Revenue Recovery Act, 1890 includes a person responsible as surety for payment within its definition of a defaulter.

How can I dispute an amount recovered under a certificate?

You may pay the disputed amount under a written and signed protest, then file a suit for repayment in the Civil Court having jurisdiction where the certifying Collector's office is located.

Does the supplied text contain a special Tamil Nadu amendment?

No Tamil Nadu-specific amendment appears in the supplied text. It reproduces amendments for Assam, Haryana, Uttarakhand and Uttar Pradesh.