(1) Where a defaulter or his surety resides or holds property outside a region, wherein default has been made, the Collector of the region, in which such defaulter or surety resides or holds property shall, on the written application of the Collector in whose region such default has been made, proceed in all respects against the defaulter and his surety, and his or their property in the same manner as if the default had been made in his own region.
(2) Every application under sub-section (1) shall be signed and sealed by the Collector making it and shall be conclusive as to the amount due, and the party in arrear, in all proceedings against the Collector acting upon such application, or any person acting under his authority; and no proof of the seal, or signature or official character of the Collector making the application shall be required, unless the court has reason to doubt its genuineness:
Provided that nothing herein contained shall affect the right of any party to sue in his own region the Collector who made the application.
(3) A Collector may delegate all or any of his powers and duties under this section to any subordinate revenue officer not below the rank of a Deputy Tahsildar.
Cognizance of questions relating to rate of revenue
58. No Civil Court shall have authority to take into consideration or decide any question as to the rate of land revenue payable to the Government, or as to the amount of assessment fixed, or to be hereafter fixed on the portions of a divided estate.
Suits by persons aggrieved by proceedings
59. Nothing contained in this Act shall prevent the parties deeming themselves aggrieved by any proceedings under this Act, except as herein before contained in section 58, from applying to the civil courts for redress:
Provided that no court shall take cognizance of such suit unless it is instituted within six months from the date on which the cause of action arose.
400 Claim of Government to have precedence over all others
60. The claim of the Government to any moneys recoverable under the provisions of this Act shall have precedence over any other debt, demand or claim whatsoever whether in relation to any mortgage, judgment, decree, execution or attachment or otherwise against any land or the holder thereof.
Repeal and savings
61. All laws in force in the Union territory corresponding to the provisions of this Act shall stand repealed as from the coming into force of this Act:
Provided that anything done or any action taken, including any notification, instruction or direction issued, properties distrained or sold, under the law so repealed, shall be deemed to have been done or taken under the provisions of this Act and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under this Act.
________ 401 STATEMENT OF OBJECTS AND REASONS FOR ACT 14 OF 1970 At present the French Law for the recovery of arrears of revenue is being followed in this Union Territory. This law has several infirmities and the procedure is cumbrous. There is also no provision enabling the Government to recover amounts due to the other State Government and Central Government. Very frequently, this Administration has also to approach the other State Governments for recovery of amounts due to this Government from persons residing outside the Union Territory. In order to remedy these defects, it has been, decided to enact a self-contained legislation on the lines of the Madras Revenue Recovery Act, 1864 with suitable modifications to this territory.
STATEMENT OF OBJECTS AND REASONS ACT 11 OF 1973 The Puducherry Revenue Recovery Act, 1970 (No.14 of 1970) came into force in this Union territory on the 1st day of August, 1970.
Section 24 (2) of the Act provides that where a property destrained for arrear of revenue fetches at a resale a higher price than what it had fetched at the first sale the increase shall be paid to the defaulter. So, it is not possible to adjust the increase towards the arrears of revenue for which distraint was made. With a view to enable such adjustment, it is proposed to suitably amend section 24 (2) of the Act.
The Bill seeks to achieve the above object.
STATEMENT OF OBJECTS AND REASONS FOR ACT 12 OF 1988 The Puducherry Revenue Recovery Act, 1970 at present, defines the expression “Collector” in clause (a) of section 2 to mean specified officers. It is necessary to take powers to appoint any officer to perform the functions of the Collector under the said Act so that when new functionaries are created for revenue recovery they can be vested with the powers of the Collector. It is therefore proposed to amend clause (a) of section 2 of the said Act for the purpose.
402 STATEMENT OF OBJECTS AND REASONS FOR ACT 8 OF 1990 The Puducherry Revenue Recovery Act, 1970 at present prescribes levy of interest on arrears of revenue at 6 per cent per annum. With the amendment of the State Financial Corporations Act, 1951, the loans advanced by the Financial, Industrial Development Corporations can also be recovered as arrears of land revenue under the Revenue Recovery Act of the State. In many cases, where the repayment of loan has not been done, action has been taken to recover the same under the Puducherry Revenue Recovery Act, 1970. The Puducherry Industrial Promotion Development and Investment Corporation is getting funds from the Industrial Development Bank of India at 9.5 per cent rate of interest. When the arrears of loans are only charged with 6 per cent interest under the recovery proceedings of the Puducherry Revenue Recovery Act, 1970, the Corporation is at a loss.
With a view to avoid the loss that the Corporation may sustain on account of the difference in the rate of interest paid by the Corporation with those chargeable on the defaulting loanees of the Corporation under the revenue recovery proceedings and also in view of the hike in Bank interest rates at present, it is proposed to revise the rate of interest on the arrears of revenue under the Puducherry Revenue Recovery Act from 6 per cent to 12 per cent. It is also expected that the revision will also induce the loanees to effect prompt repayment in future.
It is therefore proposed to amend suitably the provisions of section 7 of the said Act of the said purposes.
The Bill seeks to achieve the above object.
______