4 [X X X].

4. Sections 54, 55 and 56 omitted by Act X of 2005, s. 2, w.e.f. 10.5.2005.

5 [57. Rules to regulate collection of certain arrears through revenue officers.––

(1) The Government may make rules to regulate the collection of the sums realizable under any law for the time being in force through revenue officers.

(2) Where any sum referred to under sub-section (1) is collected by the revenue officer, there shall be deducted an amount of two percent of such sum on account of the cost of collection.]

5. Section 57 substituted ibid, s. 3.

6 [X X X]. 

  6. Sections 58 and 59 omitted ibid, s. 4.

60. Recovery of public demands by enforcement of process in other districts than those in which they become payable. ––

(1) 1 [Where a sum recoverable as an arrear of land revenue under any law for the time being in force] or a sum recoverable as an arrear of land revenue is payable by a person residing or having property in a district other than that in which the arrear accrued or the sum is payable, the 2 [Collector] of the District in which the arrear accrued or the sum is payable, may send to the 2 [Collector] of that other district a certificate stating—

(a) the name of the defaulter and such other particulars as may be necessary for his identification ; and

(b) the amount payable by him and the account on which it is due.

(2) The certificate shall be signed by the 2 [Collector] making it and shall be conclusive proof of the matters therein stated.

(3) The 2 [Collector] of the other district shall on receiving the certificate proceed to recover the amount stated therein, as if it were an arrear of land revenue which has accrued in his own district.

61. Process for recovery of arrears.––

Subject to the other provisions of this Act 3 [any sum recoverable as an arrear of land revenue under any law for the time being in force] may he recovered by any one or more of the following processes, namely:—

(a) by service of a writ of demand on the defaulter ;

(b) by arrest and detention of his person ;

(c) by distress and sale of his movable property and uncut or ungathered crops ;

(d) by transfer of the holding in respect of which the arrear is due ;

(e) by attachment of the estate or holding in respect of which the arrear is due ;

(f) by annulment of assessment of that estate or holding ;

(g) by sale of that estate or holding ;

(h) by proceeding against other immovable property of the defaulter.

62. Writ of demand.––

A writ of demand may be issued by a Revenue Officer on or after the day following that on which 1 [any sum recoverable as an arrear of land revenue] accrues.

1. Substituted for the words “an arrear of land revenue” by Act X of 2005, s. 6.

63. Arrest and detention of defaulter. ––

(1) At any time after an arrear of land revenue has accrued a Revenue Officer not below the rank of Tehsildar may issue a warrant directing 2 [any public servant] to arrest the defaulter and bring him before the Revenue Officer.

3 [(2) When the defaulter is brought before the Revenue Officer, the Revenue Officer may cause him to be taken before the Collector or may order that he be confined to Civil Jail or if no Civil Jail exists in his jurisdiction in the local Judicial lock-up, for a period not exceeding six days and then if the arrear is still unpaid cause him to be taken before Collector.]

(3) When the defaulter is brought before the 4 [Collector,] the 4 [Collector] may issue an order to the officer incharge of the civil jail of the district directing him to confine the defaulter in the jail for such period, not exceeding one month from the date of the order, as the 4 [Collector] thinks fit. The 4 [Collector] shall without delay report his order under this sub-section to the 5 [Divisional Commissioner] for his information.

(4) If a Tehsildar keeps under detention, for a period exceeding 24 hours a defaulter arrested under sub-section (1), be shall without delay report this action for the information of the 4 [Collector] and the 4 [Collector] may take such action on the report as he thinks fit.

6 [x x x x].

(6) The process of arrest and detention shall not be executed against a defaulter who is a female, a minor, a lunatic or an idiot.

(7) So long as the defaulter is detained in jail under this section no other process for collection of 7 [any sum recoverable as land revenue] due from him shall be enforced. 

1 [(8) Every Police Officer shall help and afford assistance to the Revenue Officer in the exercise of his lawful authority.]

2. Substituted by Act XVI of 1973, s. 3.

3. Sub-section (2) substituted ibid.

4. Substituted by Act III of Samvat 2008 for “Wazir-i-Wazarat”.

5. Substituted by Act XI of 1956 for “Commissioner”.

6. Sub-section (5) omitted by Act X of 2005, s.7.

7. Substituted ibid for the words “land revenue”.

1. Sub-section (8) inserted by Act XVI of 1973, s. 3.

64. Distress and sale of movable property and crops. ––

(1) At any time after 2 [any sum has become recoverable as an arrear of land revenue] the movable property and uncut or un-gathered crops of the defaulter may be distrained and sold by order of a Revenue Officer, not below the rank of 3 [Tehsildar].

(2) The distress and sale shall be conducted, as nearly as may be, in accordance with the law for the time in force for the attachment and sale of movable property under the decree of a Civil Court:

Provided, that, in addition to the particulars exempted by that law from liability to sale, so much of the produce of the land of the defaulter as the 3 [Tehsildar] thinks necessary for seed grain and for the subsistence, until the harvest next following, of the defaulter and his family, and of any cattle exempted by that law, shall be exempted from sale under this section.

4 [X X X].

2. Substituted by Act X of 2005, s. 8.

3. Substituted ibid for “Collector”.

4. Sections 65 to 70 omitted by Act X of 2005, s. 2. 

71. Proceedings against 5[x x x] immoveable property of defaulters.––

(1) If the arrear cannot be recovered by any of the processes hereinbefore provided, or if the 6 [Divisional Commissioner] considers the enforcement of any of these processes to be inexpedient, the Collector may, where the defaulter owns any 5 [x x x] estate or holding or any 5 [x x x] immovable property, proceed under the provisions of this Act against that property as if it were the land in respect of which the arrear is due :

Provided that, no interests save those of the defaulter alone shall be so proceeded against, and no encumbrances created, grants made, or contracts entered into by him in good faith shall be rendered invalid by reason only of his interests being proceeded against.

(2) When the Collector determines to proceed under this section against immovable property 7 [x x x], he shall issue a proclamation prohibiting the transfer or charging of the property.

(3) The Collector may at any time by order in writing withdraw the proclamation, and it shall be deemed to be withdrawn when either the arrear has been paid or the interests of the defaulter in the property have been sold for the recovery of the arrear.

(4) Any private alienation of the property, or of any interest of the defaulter therein, whether by sale, gift, mortgage or otherwise, made after the issue of the proclamation and before the withdrawal thereof, shall be void.

1 [(5) In proceedings against property under this section, the Collector shall follow such procedure as may be laid down under rules.]

5. The word “other” omitted ibid, s. 9.

6. Substituted by Act XI of 1956 for “Commissioner”.

7. Omitted by Act X of 2005, s. 9.

1. Sub-section (5) substituted by Act X of 2005, s. 9

72. Remedies open to person denying his liability for an arrear. ––

(1) 2 [Notwithstanding anything in section 59,] when proceedings are taken under this Act for the recovery of an arrear, the person against whom the proceedings are taken may, if he denies his liability for the arrear or any part thereof and pays the same under protest made in writing at the time of payment and signed by him or his agent, institute a suit in a Civil Court for the recovery of the amount so paid.

(2) A suit under sub-section (1) shall be instituted in a Court having jurisdiction in the place where the office of the 3 [Collector] of the District in which the arrear or some part thereof accrued is situate.

2. Section 59 has been omitted by Act X of 2005, s. 2. Accordingly, the words within braces have been deleted by the Author.

3. Substituted by Act III of Samvat 2008 for “Wazir-i-Wazarat.” 

Procedure in sales

73. Proclamation of sale. ––

(1) On the receipt of the sanction of the 4 [Divisional Commissioner] to the sale of any immovable property the Collector shall issue proclamation of the intended sale, specifying—

(a) the date, time and place of the sale ;

5 [(b) the property to be sold] ;

6 [x x x]

7 [(d) any encumbrance, grant or contract for which the property is known to be liable] ; and

(e) the amount for the recovery of which the sale is ordered.

(2) The place of the sale specified under clause (a) of sub-section (1) must be either the office of the Collector, or someplace appointed by the Collector in this behalf, and situate in or near the property to be sold.

4. Substituted by Act XI of 1956 for “Commissioner”.

5. Clause (b) substituted by Act X of 2005, s.10.

6. Clause (c) deleted ibid.

7. Clause (d) substituted ibid.

74. Indemnity to Revenue Officer with respect to contents of proclamation.––

A Revenue Officer shall not be answerable for any error misstatement or omission in any proclamation under the last foregoing section, unless the same has been committed or made dishonestly.

75. Publication of proclamation. ––

(1) A copy of the proclamation shall be served on the defaulter and be posted in a conspicuous part of the office of the Tehsildar of the tehsil in which the property to be sold is situate.

(2) After a copy of the proclamation has been served on the defaulter and pasted in the office of the Tehsildar, a copy thereof shall be pasted in the office of the Collector.

(3) The proclamation shall be further published in the manner directed under the Code of Civil Procedure.

76. Time and conduct of sale.––

The sale shall not take place on a Sunday or other holiday, or till after the expiration of at least thirty days from the date on which the copy of the proclamation was pasted in the office of the Collector.

(2) The sale shall be by public auction, and shall be conducted either by the Collector or by a subordinate Revenue Officer especially authorised by him in this behalf.

(3) No person shall be permitted to bid at such sale who is under any law or rule enforced in the 1 [Union territory of Jammu and Kashmir] prohibited from purchasing such property by private purchase.

1. Substituted by S.O. 3808(E) dated 26.10.2020 for “State. 

77. Power to postpone sale.––

The Collector or such Revenue Officer may from time to time postpone the sale; provided that, if the sale is postponed for more than 7 days a fresh proclamation shall be issued as prescribed for the original sale.

78. Stay of sale.––

If at any time before the bidding at the auction is completed the defaulter pays the arrear in respect of which the property has been proclaimed for sale, together with the cost incurred for the recovery thereof, to the officer conducting the sale, or proves to the satisfaction of that officer that he has already paid the same 2 [either at the place and in the manner prescribed under section 56 or] into the Government treasury, the sale shall be stayed.

2. The words within braces need to be deleted as section 56 stands already omitted.

79. Payment of deposit by highest bidder.––

When the highest bid at the auction has been ascertained, the person who made that bid shall on the requisition of the officer conducting the sale, pay to that officer a deposit of twenty-five per centum on the amount of his bid, and shall, on payment thereof, be declared to be the purchaser.

80. Consequences of failure.––

If the person who made the highest bid fails to pay the deposit as required by the last foregoing section the property shall forthwith be put up again and sold, and all expenses attending the first sale, and the deficiency of price, if any, which may happen on the re-sale, may be recovered from him by the Collector as if the same were an arrear of land revenue.

81. Time for payment in full.––

The full amount of the purchase money shall be paid by the purchaser before the close of the fifteenth day from that on which the purchaser was declared.

82. Procedure on default of payment.––

In default of payment of the full amount of the purchase money within the period mentioned in the last foregoing section, the deposit referred to in section 79 shall after defraying the expenses of the sale, be forfeited to the Government and may, if the Collector so directs, be applied in reduction of the arrear, and the property shall be re-sold and the defaulting purchaser shall have no claim to the property or to any part of the sum for which it may subsequently be sold.

83. Report of sale to Divisional Commissioner.––

Every sale of immovable property under this Chapter shall be reported by the Collector to the 1 [Divisional Commissioner.]

84. Application to set aside sale. ––

(1) At any time within 60 days from the date of the sale, application may be made to the 1 [Divisional Commissioner,] to set aside the sale on the ground of some material irregularity or mistake in publishing or conducting it.

(2) But a sale shall not be set aside on that ground unless the applicant proves to the satisfaction of the 1 [Divisional Commissioner] that he has sustained substantial injury by reason of the irregularity or mistake.

85. Order confirming or setting aside sale. ––

(1) After the expiration of 60 days from the date of the sale, if such application as is mentioned in the last foregoing section has not been made, or if such application has been made and rejected, the 1 [Divisional Commissioner] shall make an order confirming the sale, and if such application has been made and allowed, the 1 [Divisional Commissioner] shall make an order setting aside the sale.

(2) An order made under this section shall be final.

1. Substituted by Act XI of 1956 for “Commissioner”.

86. Refund of purchase money on setting aside of sale.––

Whenever the sale of any property is set aside, the purchaser shall be entitled to receive back his purchase money.

87. Proclamation after postponement or on re-sale.––

A re-sale consequent on a purchaser’s default under section 82 or on the setting aside of a sale under section 85 shall be made after the issue of a fresh proclamation in the manner hereinbefore prescribed for the sale.

88. On confirmation of sale possession and certificate to be granted to purchaser. ––

(1) After a sale has been confirmed in the manner aforesaid, the Collector shall put the person declared to be the purchaser into possession of the property sold and shall grant him a certificate to the effect that he has purchased that property.

(2) The certificate shall state whether or not the property was sold for the recovery of an arrear due in respect thereof, and, if it was so sold, shall set forth the encumbrances, grants, contracts and rights of occupancy, if any, specified in the proclamation of the sale 1 [x x x].

(3) The certificate shall be deemed to be valid transfer of the property and need not be registered.

(4) No suits shall be maintained against any person claiming title under a purchase certified by the Collector on the ground that the purchase was made on behalf of the plaintiff or on behalf of someone through whom the plaintiff claims.

Nothing in this sub-section shall bar a suit to obtain a declaration that the name of the purchaser certified as aforesaid was inserted in the certificate fraudulently or without the consent of the real purchaser or interfere with the right of a third person to proceed against that property though ostensibly sold to the certified purchaser on the ground that it is liable to satisfy a claim of such third person against the real owner.

(5) The certified purchaser of any immoveable property shall be entitled to all rents and profits falling due in respect of the property after the date of the confirmation of the sale and be liable, 1 [x x x] rates and falling due in respect thereof after that date.

1. Deleted by Act X of 2005, s.11.

89. Proceeds of sale. ––

(1) When a sale of immovable property under this Chapter has been confirmed, the proceeds of the sale shall be applied in the first place to the payment of any arrear including costs incurred for recovery thereof, due to the Government from the defaulter at the date of confirmation of the sale 1 [x x x] and the surplus, if any, shall be paid to the person whose property has been sold, or, if the property sold was owned by more than one person then to the owners, either collectively, or according to the amount of their recorded interests, as the Collector thinks fit.

(2) The surplus shall not, except under an order of a Court, be paid to any creditor of a person whose property has been sold.

(3) If the proceeds of the sale fall short of such arrears as are referred to in sub-section (1), the balances remaining due from the defaulter may be recovered from him by further proceedings under this Chapter, or by any other means authorised by law. 

1. Deleted by Act X of 2005, s. 12.