Read full ActS.1 Short title, extent and commencement
2[ (1) This Act may be called the
Rajasthan Public Demands Recovery Act, 1952.
(2)
3[It extends to the whole of the State of Rajasthan],
(3) It shall come into force on such [date ]
4
as the State Government may by
notification in the [Official Gazette] appoint.]
S.2 Definitions
In this Act unless there is anything repugnant in the subject
or context:-
(1) "certificate" means a certificate filed under this Act:
5[(2) "defaulter" means a person named in a certificate to be the person from
whom any public demand is due, whether such demand is due from him personally
or as a legal representative of any other person and includes a person-
(i) whose name is subsequently substituted or added as such; and
(ii) who is responsible as surety for the payment of any such demand.]
(3) 6[x x x]
(4) "prescribed" means prescribed by rules made under this Act: and
(5) "public, demand" means any arrear of money mentioned or referred to in
the Schedule to this Act and includes any interest which may by law be chargeable thereon upto the date of the signing of a c
S.3 Requisition for recovery
(i) When any public demand is due, the officer
or authority charged with its realization may send to the Collector having
jurisdiction in the place where the defaulter resides or owns property a written
requisition in the prescribed form.
(ii) Every such requisition shall be signed and verified in the
prescribed manner.
S.4 Filling of certificates
(i) On receipt of any such requisition as is referred
to in section 3, the Collector if he is satisfied that the demand is recoverable under
this Act and that its recovery by suit is not barred by any law for the time being in
force, may sign a certificate to that effect in the prescribed form specifying, therein
the amount of the demand the account on which it is due the name of the defaulter
and such other particulars as may be necessary for his identification and shall cause
the certificate to be filed in his office.
(ii) Where the Collector is himself the officer charged with the
realization of a public demand, he shall cause a like certificate to be signed
and filed in his office.
S.5 Transmission of Certificates
(i) A Collector in whose office a certificate
shall have been filed under section 4 may transmit a copy thereof to any other
Collector within whose jurisdiction the defaulter resides or owns property.
(ii) Upon receipt of such copy, such other Collector shall proceed as if
the certificate were originally filed in his office.
S.6 Service of notice and copy of certificate
When a certificate has been
filed under section 4 or transmitted under section 5 the Collector in whose office it
has been so filed or to whose office it has been so transmitted shall cause to be
served upon the defaulter in the prescribed manner a notice in the prescribed form
along with a copy of the certificate:
Provided that, where the Collector in whose office the certificate has been
filed under section 4 has served a notice under this section, it shall not be necessary
for the Collector to whose office it may be transmitted under section 5 to serve a
like notice again.
S.7 Effect of service of notice
From and after the service upon a defaulter to
the notice of a certificate under section 6-
(a) any private transfer or delivery of any immovable property of the
defaulter situated within the local limits of the jurisdiction of the Collector
issuing the notice or of any interest in any such property shall be void against
any claim enforceable in execution of the certificate, and
(b) the amount due from time to time in respect of the certificate shall
be a charge upon the immovable property of the defaulter, wherever situated,
to which every other charge created subsequently to the service of the said
notice shall he postponed.
S.8 Petition denying liability
(1) The defaulter may, within thirty days from
the service of the notice under section 6, or where the notice has not been duly
served, within thirty days from the execution of any process for enforcing the
certificate, present to the Collector issuing [the notice] a petition in the prescribed
form signed and verified in the prescribed manner denying his liability in the
whole or in part [on the ground that the demands is not recoverable under this Act
or that its recovery by suit is barred by any law for the time being in force.]
[(2) A Collector to whom, a petition has been presented under sub-section
(1) shall [x x x] where the certificate has been transmitted to such Collector under
section 5, [x x x] forward the petition [to] the Collector in whose office the certificate has been originally filed.]
[(3) The Collector in whose office the certificate was originally filed shall
hear and determine the petition and may set aside, modify or vary t
S.10 Who may execute certificate
A certificate may be executed by -
(a) the Collector in whose office it is originally filed under section 4,
or
(b) the Collector to whom a copy of the certificate is transmitted under
section 5.
S.11 Execution of certificate by subordinate officers
A Collector in whose
office a certificate is filed under section 4 or to whom a copy of the certificate is
transmitted under section 5 may send it for execution to any Assistant Collector or
Tehsildar subordinate to him, within whose jurisdiction the defaulter resides or
owns property:
Provided that no action under this section shall be taken until after the expiry
of thirty days since the service of notice under section 6 or when a petition has
been presented under section 8 until after its final determination.
S.12 When certificate may be executed
No step in execution of a certificate
shall be taken until the period of thirty days has elapsed since the date of the
service of the notice under section 6, or, when a petition has been presented under
section 8, until such petition has been heard and determined:
Provided that, if the Collector is satisfied that the defaulter is likely to
conceal, remove or dispose of the whole or any part of such of his movable
property as would be liable to attachment for the recovery of an arrear of land
revenue and that the realization of the amount of the certificate would in
consequence be delayed or obstructed, he may at any time direct, for reasons to be
recorded in writing, an attachment of the whole or any part of such property.
S.13 Modes of execution
Subject to the other provisions of this Act, the
amount due under a certificate may be recovered in one or more of the
modes [specified in section 228 of the Rajasthan Land Revenue Act, 1956
(Rajasthan Act 15 of 1956)] and the provisions of [that act] shall apply as if such
amount were an area of land revenue due from the defaulter.
[13A. Power to grant installments. - The Collector referred to in section 10
may, for any sufficient reason, order that payment of the amount due under a
certificate shall be made by such number of installments and on such terms as to
payment of interest, the attachment of the property of the defaulter, the taking of
security from him, or otherwise, as he thinks fit:
Provided that the installments granted shall not be spread over a period
exceeding three years.]
S.14 Interest, costs and charges recoverable
There shall be recoverable in
the proceedings in execution of every certificate,-
[(a) interest upon the amount of public demand, as stated in the
certificate, from the date of signing of the certificate up to the date of
realization-
(i) at the rate of six and a quarter per cent per annum in the case
of certificates signed before the commencement of the Rajasthan Public
Demands Recovery (Amendment) Act 1976, and
(ii) at the rate of thirteen per cent per annum in the case of
certificates signed after such commencement.]
(b) such costs as may be directed to be paid in any proceeding under
this Act, and
(c) all charges incurred in respect of-
(i) the service of notice under section 6 and of warrants and other
processes, and
S.15 Payment under protest
After a notice under section 6 has been served
or at any subsequent stage, a defaulter may pay under protest the amount due under
a certificate to the officer executing it. Such protest shall be in writing signed by
the defaulter or his duly authorized agent and shall be made at the time of payment
and thereupon all further proceedings in execution of the certificates shall be
stayed.
S.16 Disposal by Collector
If any amount has been paid under protest under
section 15 and the protest is in order, such amount along with the protest shall be
forwarded to the officer or authority charged with the realization of the public
demand:
Provided that, where such protest is made on any of the grounds specified in
section 9, the Collector to whom the payment has been so made shall keep the
amount thereof in his custody till the expiry of the period within which a suit may
be brought under section 20, or if a suit has in the meantime been brought until the
same has been finally disposed of.
S.17 Persons under disability
Where the officer executing a certificate is
satisfied that the defaulter is a minor or of unsound mind he shall in any of
proceeding under this Act, permit him to be represented by any suitable person.
S.18 Continuance of certificate
No certificate shall cease to be in force by
reason of the death of the defaulter.
S.19 Procedure on death of defaulter
Where a defaulter dies before the
amount due under the certificate has been fully satisfied, the officer executing it
may after serving upon the legal representative of the deceased a notice in the
prescribed form [proceed subject to the provisions of section 19-A to execute the
certificate] against such legal representative and the provisions of this Act shall
apply as if such legal representative were the defaulter and as if such notice were a
notice under section 6.
[19A. Liability of legal representative. - Where the certificate is executed
against the legal representative, whether the name of such representative was
originally mentioned in the certificate, or was substituted under section 19, he shall
be liable only to the extent of the property of the deceased which has come to his
hands and has not been duly disposed of and for the purpose of ascertaining such
liability, the officer executing the certificate may compel such legal representative
to produce suc
S.20 Suits for cancellation or modifications of certificates
(1) A defaulter
may bring a suit to have a certificate canceled or modified and for any further
consequential relief to which he may be entitled.
(2) Such a suit may be brought at any time within 6 months-
(a) from the service upon the defaulter of the notice required by section
6 or
(b) from the date of the determination of a petition denying liability
under section 8 [x x x], or
(c) from the date of the protest lodged by him under section 15, [or]
[(d) from the date of the decision of an appeal filed by him under
section 23-A]:
[x x x]
Provided [x x x] that notwithstanding anything contained in this Act and in
any other law for the time being in force, the defaulter may in a suit instituted under this section, prove that nothing was due from him on account of the public
demand or that the amount due was less than the amount stated in the certificate.
S.21 Parties to the suit
(l) A suit under section 20 shall ordinarily be brought
against the officer or authority charged with the realization of the public demand:
Provided that where the suit is brought under clause (b) or clause (c) of subsection (2) of the said section, the Collector shall also be made a party thereto.
(2) The [State Government] shall not be made a party to any suit under
section 20 unless the public demand was due to the [State Government].
S.22 Place of suing
A suit under section 20 shall be instituted in a Civil
Court [x x x] having jurisdiction in the local area in which the office of the officer
or authority charged with the realization of the public demand is situated.
S.23 Suit not to operate as stay
No suit instituted under section 20 shall
operate to stay further proceedings under and in execution of the certificate sought
to be canceled or modified otherwise than in pursuance of an injunction issued by
the Court in which the suit is instituted.
23A. Appeal. - (1) An appeal from [an Order made by the Collector under
section 8 or 19-A] shall lie to the [revenue appellate authority].
(2) Subject to the provisions contained in section 5 of the Indian Limitation
Act (IX of 1908), every such appeal shall be presented within thirty days from the
date of the order.
(3) No appeal shall lie from any order of the [revenue appellate
authority] passed on appeal.
[23B. Revision. - The Board of Revenue shall have power to revise any
order made under this Act by any officer subordinate to the Board.
23C. Review. - Any order passed under this Act may, after notice to all
persons interested, be rev
S.24 Costs
Subject to such limitations as may be prescribed, the award of
cost of and incidental to any proceeding under this Act, shall be in the discretion of
the officer incharge of such proceeding and he shall have full power to direct by
whom and to what extent such costs shall be paid.
S.25 Officers to have powers of Civil Court for certain purposes
Every
Collector, Assistant Collector or Tehsildar acting under this Act, shall have the
powers of a Civil Court for the purposes of receiving evidence, administering oath,
enforcing the attendance of witnesses and compelling the production of documents.
S.26 Protection of action taken under Act
No suit, prosecution or other
proceeding shall lie except as otherwise herein provided against the [State
Government] or any officer of [State Government] or any person acting under the
authority of the [State Government] or any officer of [State Government] in respect
of anything which is in good faith done or intended to be done under this Act in
furtherance of the provisions thereof
S.27 Application of the Indian Limitation Act, 1908
(1) Sections 6 to 9 of
the Indian Limitation Act, 1908, shall not apply to suits or proceedings under this
Act.
(2) Except as declared in sub-section (1) the provisions of the Indian
Limitation Act, 1908, shall apply to all proceedings under this Act as if a
certificate were a decree of a Civil Court.
S.28 Penalties
Whoever fraudulently removes, conceals, transfers or
delivers to any person any property or any interest therein, intending thereby to
prevent that property or interest therein from being taken in execution of a
certificate, shall be deemed to have committed an offense punishable under section
206 of the Indian Penal Code, 1860.
S.29 Power of Government to make rules
(1) The [State
Government] may [by Notification in the] [Official Gazette] make rules [x x x] for the purpose of carrying into effect the provisions thereof.
(2) Such rules may, in particular, and without prejudice to the generality of
the powers conferred by sub-section (1), provide for all or any of the following
matters, namely:-
(a) the signature and verification of requisitions made under section 3;
(b) the service of notices issued under section 6, the service of other
notices or processes issued under this Act, and the manner in which service
may be proved:
(c) the signing and verification of petitions, under section 8, denying
liability;
(d) the forms to be used under this Act; and
(e) all matters which according to the provisions of this Act. are to be
prescribed.
[(3) xxx]
S.30 Saving of other laws
(1) The powers given by this Act or the rules
made thereunder shall be deemed to be in addition to and not in derogation from,
any powers conferred by any other law for the time being in force for the recovery
of any due, debt or demand to which the provisions of this Act are applicable, and
except where expressly so provided, no legal remedy shall be affected by this Act.
(2) Nothing in this Act shall be construed-
(a) to impair any security provided by any other enactment for the time
being in force, for the recovery of any dues, debt or demand, to which the
provisions of this Act are applicable, or
(b) to authorize the arrest or detention in the civil prison of any person
for the recovery of any tax payable to a local authority.
AI Assistant
