kerala revenue recovery act 1968

114
rr Revenue Recovery Presented by T. J Joseph.Deputy Tahsildar, Staff Trainer,ILDM & IMG

Post on 21-Oct-2014

3.812 views

Category:

Business


2 download

DESCRIPTION

To be poor is not a sin in this land of poverty...........PPT on Kerala Revenue Recovery Act uploaded by T J Joseph Mob=9447464502

TRANSCRIPT

Page 1: Kerala revenue recovery act 1968

rr

Revenue RecoveryPresented by T. J Joseph.Deputy Tahsildar,Staff Trainer,ILDM & IMG

Page 2: Kerala revenue recovery act 1968

.They Expect MORE…….

Page 3: Kerala revenue recovery act 1968

Do things differently………………………

RR is team work

Page 4: Kerala revenue recovery act 1968

Revenue Recovery falls under the State List

list(Schedule VII –List –II)

•43-Public Debt of the State•45- Land Revenue including

the Collection Of Revenue

Page 6: Kerala revenue recovery act 1968

Revenue Recovery

ACT &

RULES

Page 7: Kerala revenue recovery act 1968

rr

Kerala Revenue Recovery Act-1968

87 sections

Page 8: Kerala revenue recovery act 1968

DefaulterA person from whom the public revenue due on land is due,and includes his surety.

Page 9: Kerala revenue recovery act 1968

DefaulterArrears can be realised from the legal representative

of the defaulter

Page 10: Kerala revenue recovery act 1968

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.

Page 11: Kerala revenue recovery act 1968

Revenue RecoveryAppointed day 15-12-1968

Page 12: Kerala revenue recovery act 1968

Revenue Recovery

COLLECTOR

District Collector

Page 13: Kerala revenue recovery act 1968

S.2c-COLLECTORSDC….ADM...AC…RDODy Collr(RR)Dy Collr(TWWF)Dy Collr(KFC)Dy Collr(HB)

Page 14: Kerala revenue recovery act 1968

S.72-Authorised OfficersDy Tahsildar (RR)

VO/RI

Page 15: Kerala revenue recovery act 1968

Time Management is Life Management.

Delegate effectively and only to those who have sufficient competencies.

Page 16: Kerala revenue recovery act 1968

Revenue RecoveryS-3-Public Revenue due on land shall be

the first charge on the land.

Page 17: Kerala revenue recovery act 1968

Revenue RecoveryS-4-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 or date of service of DN which ever is earlier.

Page 18: Kerala revenue recovery act 1968

Mode of Revenue Recovery.1. Attachment and sale of the

movable property.2. Attachment and sale of the

immovable property.3. By appointing an agent for the

management of immovable property

4. Arrest and detention in prison

Page 19: Kerala revenue recovery act 1968

Revenue Recovery is a TEAM WORK

LRC.

Collectorate.

Taluk.

Village.

Page 20: Kerala revenue recovery act 1968

COLLECTORATE

Monitoring- RR

Page 21: Kerala revenue recovery act 1968

Procedure in Collectorate-1

District collector accepts 2 copies of the RR requisition in form 24. from the requisitioning department.

Page 22: Kerala revenue recovery act 1968

Procedure in Collectorate-2

District collector issues Revenue Recovery Certificate (RRC)in form 25. Authorising the tahsildar to collect the arrears.

Page 23: Kerala revenue recovery act 1968

Procedure in Collectorate-3

The RRC along with one copy of the requisition is sent to Tahsildar.

One copy of the requisition is kept in collectorate file.

Page 24: Kerala revenue recovery act 1968

TALUK OFFICE

Monitoring- RR

Page 25: Kerala revenue recovery act 1968

Procedure in Taluk Office-1

The Tahsildar accepts the RRC and 4 copies of the demand notice in form -1 ( section.7 notice to attach the movable) is prepared The demand notice is approved by Deputy Tahsildar (RR)

Page 26: Kerala revenue recovery act 1968

Procedure in Taluk Office-2

The Tahsildar accepts the RRC and 4 copies of the demand notice in form-1 (section7 notice to attach the movable) is prepared.The demand notice is approved by Deputy Tahsildar (RR).

Page 27: Kerala revenue recovery act 1968

Procedure in Taluk Office

43 copies of the notice is sent to V.O and he is authorised to collect the dues. One copy Kept in the RR file . Also necessary entries are made in the RR Registers.

Page 28: Kerala revenue recovery act 1968

VILLAGE OFFICE

Monitoring- RR

Page 29: Kerala revenue recovery act 1968

Procedure in Village Office

V.O accepts 3 copies of the demand notice and necessary entries are made in the RR ledger.

2 copies are handed over to the villageman for serving upon the defaulter.One copy is kept in the v.o.

Page 30: Kerala revenue recovery act 1968

Mode of Remittance

In lump or Instalment • Upto Rs 15000- Dist Collr• Above Rs 15000- Govt. If instalment is defaulted

arrear should be realised in lump.

Page 31: Kerala revenue recovery act 1968

Mode of Remittance RR steps may be kept pending

for a period of 30 days from the date of issue of a stay card.

Page 32: Kerala revenue recovery act 1968

Items to be realised

1.Actual arrear.2.Interest.3. DN fee-Rs 2/-4.Collection Charge.5.Cost-

Page 33: Kerala revenue recovery act 1968

S-6 Interest to be realised

@ 12%

or

amount shown in the requisition.

Page 34: Kerala revenue recovery act 1968

Collection Charge 1.@ 5% upto Rs 5 lakhs.

2.@ 7.5% above 5 lakhs. Collection charge should be realised from the defaulter

Page 35: Kerala revenue recovery act 1968

Essential pre conditions of RR

1There should be assessment of dues as a certain amount.

2.No RR steps could be taken for an uncertain amount

3.There should be proper DN4.The demand should be made

only against the defaulter.

Page 36: Kerala revenue recovery act 1968

S.7- Issue of Demand Notice by Collector/AO

1.It should be in Form-12.It should contain details of arrear amountInterest and rateDateDN fee,(Rs.2/-)(Generally DN is signed by…………….)

Page 37: Kerala revenue recovery act 1968

S.7- 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.

Page 38: Kerala revenue recovery act 1968

FIELDWORK -

Service of notice.

The village man serve the notice to the defaulter or adult male member of his/her family by getting acknowledgement in the served copy

The VM also put his signature in the served copy.

Page 39: Kerala revenue recovery act 1968

The Served copy.It may contain following .1.The signature of the recipient.2.The signature of the VM/date.3.A brief route map.4.FIR-Assets of the defaulter.

Business of the defaulter. Phone No/Ration card/pass book. details. Etc.to be entered in the

RR ledgerDo a little bit more than you get paid for.......

Page 40: Kerala revenue recovery act 1968

GO…….Extra Mile.

Monitoring- RR

Page 41: Kerala revenue recovery act 1968

Be result oriented rather than task oriented.

“How can I add value to what I am doing….”

Eliminate your competition……

Page 42: Kerala revenue recovery act 1968

Go ….EXTRA MILEDo a little bit more than what you

get paid for.•Communication.•Records.•Procedures.•Events.

Page 43: Kerala revenue recovery act 1968

Think….Differently

Monitoring- RR

Page 44: Kerala revenue recovery act 1968

Think differentlyResult………..

Action…………….Feelings……………

Thoughts…………..

Page 45: Kerala revenue recovery act 1968

AttitudeEmployees can be the Biggest

asset or biggest liability of an organisation.

Page 46: Kerala revenue recovery act 1968

The Extra Mile VO1.Can work without supervision.2.Do things differently.3.Take RISK and accept responsibility.4.GOOD Team Leader.5.Result oriented rather than task oriented.6.Punctual and considerate.7.Sees answer for every problem.8.Cheerful and courteous.

1

Page 47: Kerala revenue recovery act 1968

S.7- Issue of Demand Notice

and attachment of movable.RR act does not allow delay in

attachment of movables after the service of DN.

Form-1 Demand notice is for IMMEDIATE payment

Page 48: Kerala revenue recovery act 1968

S.8- Attachment of movable.

1.Attachment shall be done by actual seizure.

2.Attachment shall be in the presence of 2 persons in the locality.

3.Copy of the mahazar and details of the place in which attached article kept shall be handed over to the defaulter.

Prioritise your work.

Page 49: Kerala revenue recovery act 1968

Attachment should be made Attachment should be made only after sunriseonly after sunrise

Page 50: Kerala revenue recovery act 1968

ATTACHMENT SHOULD BE ATTACHMENT SHOULD BE MADE BEFORE SUNSET. MADE BEFORE SUNSET.

Page 51: Kerala revenue recovery act 1968

GIVE PRIORITY

Page 52: Kerala revenue recovery act 1968

Stay away from Negative Influences.

Page 53: Kerala revenue recovery act 1968

S.10- Exempted items.

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.

Page 54: Kerala revenue recovery act 1968

S.10- Exempted items.

Page 55: Kerala revenue recovery act 1968

ATTACHMENT 1. TIME-2. Appear as a Team.3. Body language.4. Procedures.5. Suitability of articles.6. Quantity.

1

Page 56: Kerala revenue recovery act 1968

TOUGH DEFAULTER

Page 57: Kerala revenue recovery act 1968

TOUGH DEFAULTER TEAM WORK

MULTIPLE ATTACK

SERVE &ATTACH

AVOID DELAY.

sistance to change

Arrest>>.

Page 58: Kerala revenue recovery act 1968

S.12-13 .Sale of Movable attached.

1.Attachment is made by VO, But 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 .

3. Valuation to be done by concerned dept.

Page 59: Kerala revenue recovery act 1968

S.14-16- Sale of Movable attached.

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.

Page 60: Kerala revenue recovery act 1968

S.17- attachment of growing crops.

Page 61: Kerala revenue recovery act 1968

S.17- 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.

Valuation to be done by Agriculture Officer.

Page 62: Kerala revenue recovery act 1968

S.18- attached articles.

Attached articles should not be used.

Page 63: Kerala revenue recovery act 1968

S.20.Attachment of Debt or Share.

Debts/Share,Decree, Bank Account DD/Cheques etc can be attached.

• Issue of prohibitory order in form.3

• Notice of attachment in form 4.

Page 64: Kerala revenue recovery act 1968

S.20.21Attachment of Debt or Share.

Debts/Share,Decree, Bank Account DD/Cheques etc can be attached.

• Issue of prohibitory order in form.3• Notice of attachment in form 4.• Attachment of share in movable

property- notice in - form5 Gratuity and PF cannot be attached

Page 65: Kerala revenue recovery act 1968

ATTACHMENT OF LAND

7

Page 66: Kerala revenue recovery act 1968

S-36Attachment of immovable.

Page 67: Kerala revenue recovery act 1968

S.34-Attachment of LAND.

1. The Demand Notice should be in form-10.

2. Attachment Notice should be in form-11.

3. The date of service of form- 11 will be the date of attachment.

Page 68: Kerala revenue recovery act 1968

S-36Publication of Notice.1.In the property2.Village Offfice.3.LSG.4.In the Gazette or one or two

local news papers at the discretion of Collector.75(2)

5.One copy to SRO.

Page 69: Kerala revenue recovery act 1968

1.The served copies of the DN should not be kept in village office……it should be returned to tahsildar along with details.

2.The RR/court attachment details may be noted in the TP register.

Page 70: Kerala revenue recovery act 1968

S-37-38Management of Property attached

Appointment of Agent- Form.12Notice to assumption of

Management- Form.13Order of withdrawal of

attachment- Form.14

Page 71: Kerala revenue recovery act 1968

S43- attachment of BUISINESS

Order from district collector is required

Attachment notice - Form.15

Page 72: Kerala revenue recovery act 1968

S49- Sale of Land Attached.1.Obtain Valuation from

concerned depts.2. 30 days Notice of Sale-

Form163.Notice shall be in English and

Local language4. Publish it in Land, V.O, LSG and

send one copy to Requisitioning authority.

5.Obtain valuation and mahazar.

Page 73: Kerala revenue recovery act 1968

S50- Sale of Land Attached.

Sale Shall be in Public Auction.

1.Form 16 Notice shall be at least 30 days before the date of sale.

2.If there is no bid or the bid amount is insufficient , sale can be postponed to another date not later than 60 days.

Page 74: Kerala revenue recovery act 1968

S50- Sale of Land Attached. 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 bid amount is less than the arrear amount and cost…………?

Page 75: Kerala revenue recovery act 1968

Time limits. 1. S.7 demand notice 0 days.2. S.12 sale notice 15 days.3. S.15 purchase amount 0 days.4. S.34 demand notice 10 days.5. S.49 purchase amount 30 days.6. S.49 adjournment of sale 60 days.7. S.52 set aside of sale 30 days.8. S.53 set aside of sale 30 days.9. S.58 1-2 years.10. S.65 period of remittance . 30 days.

Page 76: Kerala revenue recovery act 1968

S52- Set aside of Sale.

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

1. A sum equal to 5% of the sale amount.2. A sum equal to the arrear+interest+cost.

Page 77: Kerala revenue recovery act 1968

S53- Set aside of Sale.

Any person complaining material irregularity or mistake shall

furnish complaint with proof within 30 days from the conduct of sale to set aside the sale.

Page 78: Kerala revenue recovery act 1968

S53- Set aside of Sale.Any person complaining material

irregularity or mistake shall furnish complaint with proof within 30 days from the conduct of sale to set aside the sale.

Page 79: Kerala revenue recovery act 1968

S53- Set aside 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.

Page 80: Kerala revenue recovery act 1968

S54-Confirmation of Sale.After auction, Tahsildar should send the file to RDO for

confirmation of sale.

I f the sale is not confirmed the deposit amount/purchase money should be returned to the auction purchaser.

Cerificate of sale in form 18 should be issued to the purchaser if the sale is confirme. A deed may be executed if the purchaser desires.

Page 81: Kerala revenue recovery act 1968

ARREST & DETENTION

RR

Page 82: Kerala revenue recovery act 1968

S.65.ARREST & DETENTION. No ARREST in case of1.A woman. 2. A minor.

3.Person of unsound mind.

4. A surety.

Page 83: Kerala revenue recovery act 1968

S.65.ARREST & DETENTION.

No ARREST in case of1.A woman. 2. A minor.

3.Person of unsound mind.

4. A surety.

Page 84: Kerala revenue recovery act 1968

BARRIERS

Monitoring- RR

Page 85: Kerala revenue recovery act 1968

RR -- a blend of tradition and modern style

Page 86: Kerala revenue recovery act 1968

Mere paper work will not yield the desired results

1xc

Page 87: Kerala revenue recovery act 1968

1. Lack of TEAM WORKLRC.

Collectorate.

Taluk.

Village.

Page 88: Kerala revenue recovery act 1968

1. Lack of TEAM WORK1. Collectorate- H D C

2. Taluk - H D C

3. Village - V V C

Born to WIN……………………Conditioned to Lose.

Page 89: Kerala revenue recovery act 1968

Together Everyone Achieves More1. Collectorate-H D C2. Taluk. -H D C3. Village- -H H H

Team work divides the task and double the success………..

……Telephone is the most Powerful tool.

Page 90: Kerala revenue recovery act 1968

3. ineffective communication.1.Collectorate-H D C

2.Taluk. -H D C3.Village- -H H HTelephone is the most Powerful tool.

1

Page 91: Kerala revenue recovery act 1968

ineffective communication.

1

Page 92: Kerala revenue recovery act 1968

communication.KISS1. Correspondence.

2. MAHAZAR.3. Statement of Facts.4.SKETCH.5.Minutes.6.Circulars7.Endorsements.

1

Page 93: Kerala revenue recovery act 1968

3. WRONG GOALS.1. Lack of accountability-contribution.2. Beyond DOM.3. Pessimistic Attitude.4. Fear of failure/success.5. Procrastination.

1

Page 94: Kerala revenue recovery act 1968

Fix your target.

Page 95: Kerala revenue recovery act 1968

4. STAY.Court Stay.

Government stay.

Appellate stay.

………..GO EXTRA MILE

1

Page 96: Kerala revenue recovery act 1968

5.INEFFECTIVE conferences .

Conferences should be SMART

S- Specific.M- Measurable.A- Achievable.R- Realistic.T- Time bound. …………ensure continuous follow up action.

1

Page 97: Kerala revenue recovery act 1968

6. Wrong Tools-DCBThe DCB Clerk has a crucial role to play.

1.He is the custodian of information.2.He has the

responsibility to communicate.

1

Page 98: Kerala revenue recovery act 1968

inaccurate DCBThe DCB Clerk has a crucial role to play.

1.He is the custodian of information.2.He has the

responsibility to communicate.

1

Page 99: Kerala revenue recovery act 1968

DCB STATEMENT.

Page 100: Kerala revenue recovery act 1968

5. conferences.Conferences should be SMART

Start the conference by reviewing minutes of the previous conference.

1

Page 101: Kerala revenue recovery act 1968

5. conferences.Conferences should be SMART

Use the right tool for review.

1

Page 102: Kerala revenue recovery act 1968

5. conferences.Conferences should be SMART

Give permission to perform special task.

1

Page 103: Kerala revenue recovery act 1968

5. conferences.Conferences should be SMART

Fix target.

1

Page 104: Kerala revenue recovery act 1968

5. conferences.Conferences should be SMART

Write the minutes in a register.

1

Page 105: Kerala revenue recovery act 1968

6.Poor Inspection Mechanism.

Effort is important, but knowing where to make an effort makes all the difference!

Page 106: Kerala revenue recovery act 1968

Inspection.

Page 107: Kerala revenue recovery act 1968

7. Inspection.1. No Specific Goals.

2. Weak Inspection Mechanism.

3. Wrong tools.

4. Poor follow up action.

5. Lack of Team work.

Page 108: Kerala revenue recovery act 1968

7. Poor maintenance of Records.

1. Registers.2. Files.3. Stock file/dcb/minutes etc.

1Register of movables attached

Register of land attached

RR Ledger.

Page 109: Kerala revenue recovery act 1968

8. Weak Leadership.1. Supervision.2. Co ordination.3. Support.4. Protection.

1

Page 110: Kerala revenue recovery act 1968

S.65.ARREST & DETENTION.Hearing notice from DC- - Form-19

Warrant of ARRESTAfter 30 days. -Form20

Order of detention =Form-21

Order of release - Form-22

Page 111: Kerala revenue recovery act 1968

RR Requisition - Form-24

RR Cerificate - Form-25

Page 112: Kerala revenue recovery act 1968

POWER OF REVISION1.Against the action by Collector - CLR (83-1)

2.Against the decision of CLR _

Government(83-2)

Page 113: Kerala revenue recovery act 1968

Success comes to doers, not observers.

Page 114: Kerala revenue recovery act 1968

Thank you.

T.J JOSEPH.T.J JOSEPH.ADHIKARATHIL.S.H MOUNT P.OKOTTAYAM.Pin-686006MOB-9447464502