Kerala Revenue Recovery Procedures - RR Act 1968. PPT Prepared by T James Joseph Adhikarathil Kottayam 9447464502

Kerala Revenue Recovery Procedures - RR Act 1968. PPT Prepared by T James Joseph Adhikarathil Kottayam 9447464502

1. SMART TRAINING OF LAND LAWS. Kerala Revenue Recovery Act 1968 . T. James Joseph

2. Kerala Revenue Recovery Act -1968. 87 sections. Appointed day 15-12-1968.

3. SMART REVENUE COLLECTION S - Specific. M - Measurable. A - Achievable. R - Result oriented. T - Time bounded.

4. SMART REVENUE RECOVERY. E nforcement of Law T eam work. L eadership. R eview.

5. Create organisational culture. Culture gives meaning to an Organisation. Culture is invisible but it affects visible. What leaders do or don’t do create a culture. Either you manage culture or culture will manage you.

6. Create organisational culture. Behaviour. Communication. Team Work. Leadership. Delegation.

7. SMART REVENUE COLLECTION. It is a TEAM work. T -Together E -Everyone. A -Achieves. M -More. Team work makes the DREAM work

8. SMART REVENUE COLLECTION. Learn to DELEGATE .

9. LEADERSHIP IS NOT A POSITION. G uide S upport. P rotect

10. Revenue Recovery. Revenue recovery means collection of Public revenue due on Land from the defaulters by enforcing the provisions of Kerala Revenue Recovery Act. Arrears of Land Revenue. Arrears of revenue – Other departments. Notified institutions. S.71

11. Essential Pre conditions for RR 1. There should be assessment of dues as certain amount. 2. No RR steps could be taken for an uncertain amount. 3. There should be proper DN. 4. The demand should be made only against the defaulter. James Joseph Adhikarathil

12. Defaulter. A person from whom Public Revenue due on is due and includes his surety . Also arrears can be realised from the legal representative of the defaulter.( Who….?)

13. Main Processes. Sending Requisition by Requisitioning authority-Form 24 Issue of RRC by Dist. Collector.- Form 25. Issue & service of demand notice. Form 1 &10 Managing stay / instalments. Attachment of movables. Attachment of immovables. Auction. Arrest. James Joseph Adhikarathil

14. S.72. Officers empowered. District Collector. Collector. Authorised officers.

15. S2- Public Revenue due on Land. The land revenue charged on the land includes all other taxes,fees . Cesses on land . S-68 - All sums due to Govt. S-71 - All sums due to any institution notified under the Act.

16. S3- First Charge S-3 -Public Revenue due on land shall be the first charge on the land . James Joseph Adhikarathil

17. RR Requisition. 1. Genuine demand. ( written off cases /un recoverable case should be avoided) 2. Public interest. ( Eg. Loan issued by bank according to government policy- educational loan - accepted .Loan issued for the purchase of vehicle – rejected ) 3. Bank Loan cases upto 20 lakhs- other cased to be realized via Surfacie act) James Joseph Adhikarathil

18. RRC – Form 25 RRC is the order of Collector authorizing Tahsildar to collect the arrears and other dues. RRC above Rs 2 Crore to be signed by District Collector.) Other RRC to be signed by Deputy Collector (RR). James Joseph Adhikarathil

19. S4- Demand Date. Public Revenue due on land is to be paid on or before the day which fall due. Demand date will be date of arise of actual demand arised . or Date of service of DN which ever is earlier. Form.1- (S.7) notice for attachment of movables. Form.10(S.34) notice for attachment of immovables. Simultaneous issue of S.7 & 34 notices if the arrear amount exceeds Rs 10000) James Joseph Adhikarathil

20. Mode of Enforcement – S.5 Attachment and sale of the movable property. Attachment and sale of the immovable property. By appointing an agent for the management of immovable property Arrest and detention in prison. James Joseph Adhikarathil

21. Mode of remittance In Lump Or Instalments. Up to 25000- Tahsildar Upto 200000- Collector. Upto 500000- Revenue Minister. Above 5 lakhs- Chief Minister. James Joseph Adhikarathil

22. The Demand. S -7 1. Actual arrear. 2. Interest. 3. DN fee-Rs 85/- 4. Collection Charge 5% /7.5%. 5. Process fee ( expencess for the process- TA/Vehicle expenses/wages/ advt. chages , coolie charges etc.) 1. Collection charge to be realized from the collected amount. 2. No collection charge for Land revenue arrears. 3. 1% collection charge if the 71 notified institution directly collect the arrears after the issue of RRC.Rule 5(3) James Joseph Adhikarathil

23. S- 7. Attachment of movables 1. It should be in Form-1 2. It should contain details of Arrear amount Interest and rate Date DN fee,(Rs.85/-) Immediate attachment possible. James Joseph Adhikarathil

24. S- 74. mode of service of Demand notice. 1. By serving the DN to the defaulter. 2. By serving the DN to the Adult Male member of his family. 3. By affixing the outer door of his usual place of residence. 4. By Registered Post. James Joseph Adhikarathil

25. Smart Service of notice. The village Field Assistant serve the notice to the defaulter or adult male member of his/her family by getting acknowledgement in the served copy The VFA also put his signature with date in the served copy. Smart work – Enquiry of assets of defaulter. James Joseph Adhikarathil

26. ATTACHMENT OF MOVABLES S-36 1. Attachment shall be done by actual seizure. 2. Attachment shall be in the presence of 2 persons in the locality. ( avoid govt. officials) 3. Copy of the mahazar and details of the place in which attached article kept shall be handed over to the defaulter. Attachment Should not be done before sunrise and after sunset. Removal of properties from the apartment of women only after notice. Attachment should not be excess. 7. Agent may be appointed to manage the attached items. S 38 8. Attached articles should not be used. James Joseph Adhikarathil

27. S-10 Articles Exempted from attachment. 1. Ordinary wearing apparel. 2. Tali /wedding ring and ornament used for ritual usages. 3. Minimum articles used for poojas/worship. 4. Agricultural tools. 5. Tools of artisans. 6. Articles notified by Govt. James Joseph Adhikarathil

28. Code of attachment . TIME- Appear as a Team. Body language. Procedures. Suitability of articles. Quality of articles. Quantity . Safe custody. James Joseph Adhikarathil

29. Sale of attached articles. 1. Attachment is made by VO. Immediate attachment is possible. Sale is conducted by officer authorised by tahsildar( not below the rank of RI). 2. There should be 15 days notice in form No-2 before sale . Immediate sale is permissible in the case of perishable articles. Valuation of articles to be done by concerned dept. Immediate realization of bid amount. Right of the defaulter to pay off the arrears before sale. Excess amount from the sale should be released to the defaulter. James Joseph Adhikarathil

30. Attachment of growing crops.. 1 Affix demand notice on the land on which crop grown. 2. Sale can be conducted only when crops are ripe. 3. Valuation to be done by Agriculture Officer. 1The property shall be paid for in ready money. 2.Excess amount if any, shall be paid to the defaulter 3.If the arrear amo be paid for in ready money. 2.Excess amount if any, shall be paid to the defaulter 3.If the arrear amount is paid by the defaulter before sale, the property shall be released. 1.The property shall be paid for in ready money. 2.Excess amount if any, shall be paid to the defaulter 3.If the arrear amount is paid by the defaulter before sale, the property shall be released. 1.The property shall be paid for in ready money. 2.Excess amount if any, shall be paid to the defaulter 3.If the arrear amount is paid by the defaulter before sale, the property shall be released. . James Joseph Adhikarathil

31. s.20- Attachment of debt or share. Debts/Share, Decree, Bank Account DD/Cheques court decree, awards, rent etc can be attached. Issue of prohibitory order in form.3 Notice of attachment in form 4. 3.If the arrear amount is paid by the defaulter before sale , the property shall be released. 1.The property shall be paid for in ready money. 2.Excess amount if any, shall be paid to the defaulter 3.If the arrear amount is paid by the defaulter before sale, the property shall be released. . James Joseph Adhikarathil

32. s .20- 26 some other Attachments. 1. Attachment of property in custody of court or public officer- Form-6. 2. Attachment of Partnership property- Form-7. 3. Attachment of rent- Form-8. 4. Attachment of negotiable instrument- Form-9 before sale , the property shall be released. 1.The property shall be paid for in ready money. 2.Excess amount if any, shall be paid to the defaulter 3.If the arrear amount is paid by the defaulter before sale, the property shall be released. . James Joseph Adhikarathil

33. s .34 - Attachment of Land. S-34 Demand Notice should be in form-10. S-36 Attachment Notice should be in form-11. The date of service of form- 11 will be the date of attachment. 3. S-38- Agent may be appointed to manage the property. 4. S-44- Transactions on the property after the service of demand is not valid. sale, the property shall be released. . James Joseph Adhikarathil

34. S.36 Attachment of Land. 1. In the property 2. Village Office. 3. LSG. 4. In the Gazette or one or two local news papers at the discretion of Collector.75(2) - Send the notice conduct as a press release to the PIO) 5. One copy to SRO along with a memorandum . Sub registrar will enter the details in Book 1 to prevent further transactions on the land. ( Indian Registration act s.89.6) Transaction after the service of notice will not be valid as per S.44. Land tax should not be collected there after.. sale, the property shall be released. . James Joseph Adhikarathil

35. S.36 Attachment of land. If the defaulter hesitate to clear the arrears even after the issue of demand notice for attachment of immovable property and no objections filed by the defaulter pending after the 7 day gap 34(2), attachment may be effected by issuing form 11 notice (S.36). Mahazar should be prepared as per s.36(2). Attachment should not be excess. Independent use of land must be ensured. After attachment , a period of 90 days is available before the sale notice to the defaulter to pay off the arrears. sale, the property shall be released. . James Joseph Adhikarathil

36. s .37-38 Management of property attached. Appointment of Agent- Form.12 Notice to assumption of Management Form.13 Order of withdrawal of attachment- Form.14 sale, the property shall be released. . James Joseph Adhikarathil

37. s.49- Sale of Land attached. 1. Obtain Valuation from concerned depts. ( fee for valuation need be given after auction - ) 2. 30 days Notice of Sale- Form16 3. Notice shall be in English and Local language Publish it in Land, V.O, LSG and send one copy to Requisitioning authority. Obtain valuation of land and mahazar from VO . May be super checked on authorization). 15% of the bid amount should be paid immediately-TR 5 receipt should be issued. Balance within 30 days. If the purchaser fail to remit he balance , the 15% amount remitter earlier will ne forfeited. . James Joseph Adhikarathil

38. s .49(4) Postponing the sale. 1. If there is no bid or the bid amount is insufficient, sale can be postponed to another date not later than 60 days . Notice should be published in the Site, VO, LSG, Taluk office. If there is no bid , entire process for sale must be started afresh by serving and publishing form 16 sale notice. James Joseph Adhikarathil

39. s .49 Sale 1. If the purchaser fails to remit the bid amount reauction will be conducted. Any loss if any sustained will be recovered from him. 2. If the defaulter pay off the the entire arrears and 5% of the bid amount within 30 days from the date of sale, the sale will be set aside. The 15% sale amount and 5% sale amount remitted by the defaulter will be released to the purchaser. If there is any complaint filed within 30 days of the auction, regarding the material irregularities in conducting the auction( s. 52&53) collector should take decision after hearing both parties. If the petition is allowed, sale will be set aside . The sale amount remitted will be returned to purchaser. James Joseph Adhikarathil

40. s .54 Confirmation of Sale 1. If the sale is confirmed, Collector will issue confirmation order in form 17. 2. Also , collector will register the Land in favour of the purchaser and published in Form 18A. The sale certificate will be issued in form 18. 3. If the purchaser is willing to bear the stap value/registration charge Collector will authrise VO/ DT to sign the sale deed during registration at SRO. 4. If the sale is not confirmed the deposit amount/purchase money should be returned to the auction purchaser. James Joseph Adhikarathil

41. Checklist for confirmation of sale . James Joseph Adhikarathil

42. s .50- Bought in Land. 1. If there is no bid , the property may be purchased on behalf of Government for a nominal amount of Rs.1 2. If the defaulter pay off the arrears ( actual arrear+ Interest+ Collection charge + land tax ) within 2 years of sale , the land can be reconveyed. 3. If the arrears are remitted within 2 to 5 years by a land less defaulter 25 cents land will be reconveyed . If he is ready to pay the market value , 75 more cents can be reconveyed . In other cases Maximumum 1 acre can be reconveyed if market value of 1 acre is remitted along with full arrears. 4. No requests for reconveyance will be considered after 5 year. 5. The land need to be bid in favour of govt only in RR cases for realizing Govt. dues. James Joseph Adhikarathil

43. s .43 Attachment of business. Order from District Collector is required Attachment notice in form 15 sale, the property shall be released. . James Joseph Adhikarathil

44. Time Limits in RR Act . S.7 demand notice 0 days. S.12 sale notice 15 days. S.15 purchase amount 0 days. S.34 demand notice 10 days. S.49 purchase amount 30 days. S.49 adjournment of sale 60 days. S.52 set aside of sale 30 days. S.53 set aside of sale 30 days. S.58 1-2 years. S.65 period of remittance . 30 days. James Joseph Adhikarathil

45. Set aside of sale confirmation. Any person claiming an interest on the land auctioned can apply to set aside the sale within 30 days from the date of sale, by depositing A sum equal to 5% of the sale amount. A sum equal to the arrear+interest+cost . James Joseph Adhikarathil

46. S- 53 settlement of sale. Sale can be set aside only after due notice to the auction purchaser.. The purchaser has to remit 15% of the sale amount immediately after the auction and balance within 30 days. If the purchaser fails to remit the amount in time it shall be resold at his expense. He will be answerable for the loss in the resale. James Joseph Adhikarathil

47. S- 65 Arrest and detention. No ARREST in the case of 1. A woman defaulter. 2. A minor. 3. A Person of unsound mind. 4. A surety . James Joseph Adhikarathil

48. Revenue conferences. your branding tool. . Every conference is a portrait of the person who Lead it....make yours a master piece .

49. Effective conferencing. They achieve the meeting's objective. They take up a minimum amount of time. They leave participants feeling that a sensible process has been followed. If you structure your meeting planning, preparation, execution, and follow-up around these three basic criteria, the result will be an effective meeting.

50. Conferences…. The Team Review Administrative Review. Revenue Collection. Implementation of various laws/projects. Event management. Redressal of public grievances. Training.

51. Smart Conferences….The all skills testing platform. S pecific. M easurable. A chievable. R esult oriented. T ime bounded.

52. All right. Right Invitation. Right Agenda. Right place. Right time. Right opening. Right Participants. Right Leader. Right minutes. Right conclusion. Right Review.

53. Reminder free offices. Inter personal relationship. Making entry in the Note file & Registers. Rounding off the serial numbers. Review of Registers. Allowing more time.

54. Monthly Revenue Conferences. AGENDA Review of Reminder Register- Reports. Review of previous minutes – ATR Other agenda items on priority basis.

55. AGENDA. To prepare an agenda, consider the following factors: Priorities – what absolutely must be covered? Results – what do you need to accomplish at the meeting? Participants – who needs to attend the meeting for it to be successful? Sequence – in what order will you cover the topics? Timing – how much time will spend on each topic? Date and time – when will the meeting take place? Place – where will the meeting take place?

56. Meeting Etiquette. Etiquette covers behaviors such as timekeeping; the use of laptops and cell phones; eating and drinking during the meeting; whether you can interrupt while someone is speaking, or only ask questions at the end; where you sit, and so on.

57. Measurable outcome….Clarity. 5w + 1 H Who. When. Where. Which. Why. How.

58. Achievable...4 Ts. T - echnology . T - eam work. T - argets . T -raining.

59. Result oriented.. Start with the A-T-R/minutes. Focus on Agenda. Standardised Proforma . Well drafted minutes.

60. Time bounded.... Time Plan. Focus. Delegate. Immediate delivery of minutes.

61. Thank You!! . James Joseph Adhikarathil – 9447464502 Subscibe my You Tube channel - jamesadhikaram