Login : Advocate | Client
Home Post Your Case My Account Law College Law Library

Report No. 178

5. Amendment of Revenue Recovery Act, 1890 (1 of 1890.-

In the Revenue Recovery Act 1890,

(a) in section 6, after sub-section (6), the following sub-sections shall be inserted, namely :-

"(7): The sale proclamation shall specify, as fairly and accurately as possibl.-

(a) the property to be sold;

(b) the revenue or tax levied by any local authority upon the property or any part thereof;

(c) the amount for the recovery of which the sale is ordered;

(d) the reserve price below which the property may not be sold; and

(e) any other fact which the Collector considers it material for a purchaser to know, in order to judge the nature and value of the property:

Provided that where the property is divided into lots for the purpose of being sold separately, it shall not be necessary to make a separate proclamation for each lot, unless proper notice of the sale cannot, in the opinion of the Collector, otherwise be given.

(8) No sale of immovable property shall, without the consent in writing of the defaulter, take place until after the expiration of at least 30 days calculated from the date on which proclamation is made under subsection (5):

Provided that if the sale is adjourned for want of bidders or for any other reason for a period longer than 30 days, a fresh proclamation of sale shall be issued as specified in this section unless the defaulter consents to waive it.

(9) The sale shall be by public auction to the highest bidder and shall be subject to confirmation by the Collector:

Provided that no bid under this section shall be accepted if the amount bid by the highest bidder is less than the reserve price specified in clause (d) of sub-section (7)."

(b) after section 6, the following section shall be inserted, namely :-

6A.Government, local authority etc to bid at reserve price in certain case.- Notwithstanding anything in section 6, where the sale of immovable property for which a reserve price has been fixed under clause (d) of sub-section (7) of section 6, has been postponed on two occasions for want of a bid or the bid being below the reserve price, it shall be lawful for the Collector to permit the concerned Government, public authority, public officer or local authority, to which the monies are due from the defaulter, to offer a bid for the property at any subsequent sale, at the reserve price afore mentioned."

Recommendations for amending various Enactments - Both Civil and Criminal Back

Client Area | Advocate Area | Blogs | About Us | User Agreement | Privacy Policy | Advertise | Media Coverage | Contact Us | Site Map
powered and driven by neosys