The Revenue Recovery Act, 1890

(1) This Act may be called the Revenue Recovery Act, 1890. 1[(2) It extends to the whole of India except 2[the State of Jammu and Kashmir*];] 3*** 4* * * * *

In this Act, unless there is something repugnant in the subject or context,-- (1) "district" includes a presidency-town; (2) "Collector" means the chief officer in charge of the land-revenue administration of a district;and (3) "defaulter" means a person from whom an arrear of land-revenue, or a sum recoverable as anarrear of land-revenue, is due, and includes a person who is responsible as surety for the payment ofany such arrear or sum.

(1) Where an arrear of land-revenue, or a sum recoverable as an arrear ofland-revenue, is payable to a Collector by a defaulter being or having property in a district other than thatin which the arrear accrued or the sum is payable, the Collector may send to the Collector of that otherdistrict a certificate in the form as nearly as may be of the Schedule, 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 Collector making it 1[or by any officer to whom suchCollector may, by order in writing, delegate this duty], and, save as otherwise provided by this Act, shallbe conclusive proof of the matters therein stated. (3) The Collector of the other district shall, on receiving the certificate, proceed to recover theamount stated therein as if it were an arrear of land-revenue which had accrued in his own district. STATE AMENDMENT Assam Insertion of new section.--After Section 3 of the principal Act, the following shall be inserted as section 3A, namely:-- “3A.--Certificate Officers to perform the functions of Collector in respect of certificates received.--Notwithstanding anything to the contrary contained in this Act, when any certificate is received under this Act, by the Collector of a District, any certificate officer in the district may exercise all the powers and perform all the duties and functions of such Collector under this Act, in respect of such certificate. Explanation--In this section ‘Certificate Officer’ has the same meaning as in the Bengal Public Demands Recovery Act, 1913 (Bengal Act III of 1913).” [Vide Assam Act 16 of 1971, s. 2.]

(1) When proceedings are taken against a person under the last foregoing section for therecovery of an amount stated in a certificate, that person may, if he denies his liability to pay the amountor any part thereof and pays the same under protest made in writing at the time of payment and signed byhim or his agent, institute a suit for the repayment of the amount or the part thereof so paid. (2) A suit under sub-section (1) must be instituted in a Civil Court having jurisdiction in the local areain which the office of the Collector who made the certificate is situate, and the suit shall be determined inaccordance with the law in force at the place where the arrear accrued or the liability for the payment ofthe sum arose. (3) In the suit the plaintiff may, notwithstanding anything in the last foregoing section, but subject tothe law in force at the place aforesaid, give evidence with respect to any matter stated in the certificate. 1[(4) This section shall apply if under this Act as in force as part of the law of 2[Pakistan or] Burma,or under any other similar Act forming part of the law of 2[Pakistan or] Burma, proceedings are takenagainst a person in 3[Pakistan or Burma, as the case may be,] for the recovery of an amount stated in acertificate made by a Collector in 4[any State to which this Act extends].]

Where any sum is recoverable as an arrear ,of land-Revenue of any public officerother than a Collector or by local authority, the Collector of the district in which the office of that officeror authority is situate shall, on the request of the officer or authority, proceed to recover the sum as if itwere an arrear of land-revenue which had accrued in his own district, and may send a certificate of theamount to be recovered to the Collector of another district under the foregoing provisions of this Act, as ifthe sum were payable to himself.