ORDINANCE No.51 OF 2007
THE KERALA REVENUE RECOVERY (AMENDMENT)
ORDINANCE, 2007
Promulgated by the Governor of Kerala in the Fifty-eighth Year of the Republic of India.
AN
ORDINANCE
further to amend the Kerala Revenue Recovery Act, 1968.
Preamble.-WHEREAS the Kerala Revenue (Amendment) Ordinance, 2005 (20 of 2005) was promulgated by the Governor of Kerala on the 12th day of December, 2005;
AND WHEREAS a Bill to replace the said Ordinance by an Act of the Legislature could not be introduced in, and passed by, the Legislative Assembly of the State of Kerala during its session which commenced on the 3rd day of February, 2006 and ended on the 21st day of February, 2006 and its session which commenced on the 14th day of March, 2006 and ended on the 15th day of March, 2006;
AND WHEREAS, in order to keep alive the provisions of the said Ordinance, the Kerala Revenue (Amendment) Ordinance, 2006 (10 of 2006) was promulgated by the Governor of Kerala on the 17th day of March, 2006;
AND WHEREAS a Bill to replace Ordinance No. 10 of 2006 by an Act of the Legislature could not be introduced in, and passed by, the Legislative Assembly of the State of Kerala during its session which commenced on the 24th day of May, 2006 and ended on the 30th day of June, 2006;
AND WHEREAS in order to keep alive the provisions of the said Ordinance, the Kerala Revenue (Amendment) Ordinance, 2006 (38 of 2006) was promulgated by the Governor of Kerala on the 5th day of July, 2006;
AND WHEREAS a Bill to replace the said Ordinance No.38 of 2006 by an Act of the Legislature could not be introduced in, and passed by, the Legislative Assembly of the State of Kerala during its session which commenced on the 18th day of September, 2006 and ended on the 26th day of October, 2006;
AND WHEREAS in order to keep alive the provisions of the said Ordinance, the Kerala Revenue (Amendment)) Ordinance, 2006 (51 of 2006) was promulgated by the Governor of Kerala on the 30th day of October, 2006;
AND WHEREAS a Bill to replace the said Ordinance No.51 of 2006 by an Act of the Legislature could not be introduced in, and passed by, the Legislative Assembly of the State of Kerala during its session which commenced on the 27th day of December, 2006 and ended on the 29th day of December, 2006;
AND WHEREAS in order to keep alive the provisions of the said Ordinance, the Kerala Revenue (Amendment) Ordinance, 2007 (10 of 2007) was promulgated by the Governor of Kerala on the 4th day of February, 2007;
AND WHEREAS a Bill to replace the said Ordinance No.10 of 2007 by an Act of the Legislature could not be introduced in, and passed by, the Legislative Assembly of the State of Kerala during its session which commenced on the 2nd day of March, 2007 and ended on the 29th day of March, 2007;
AND WHEREAS in order to keep alive the provisions of the said Ordinance, the Kerala Revenue (Amendment) Ordinance, 2007 (38 of 2007) was promulgated by the Governor of Kerala on the 30th day of March, 2007;
AND WHEREAS a Bill to replace the said Ordinance No.38 of 2007 by an Act of the Legislature could not be introduced in, and passed by, the Legislative Assembly of the State of Kerala during its session which commenced on the 19th day of June, 2007 and ended on the 26th day of July, 2007;
AND WHEREAS under sub-clause (a) of clause (2) of article 213 of the Constitution of India, the said Ordinance will cease to operate on the 5th day of July, 2006;
AND WHEREAS difficulties will arise if the provisions of the said Ordinance are not kept alive;
AND WHEREAS the Legislative Assembly of the State of Kerala is not in session and the Governor of Kerala is satisfied that circumstances exist which render it necessary for him to take immediate action;
NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 213 of the Constitution of India, the Governor of Kerala is pleased to promulgate the following Ordinance:-
1. Short title and commencement.- (1) This Ordinance may be called the Kerala Revenue Recovery (Amendment) Ordinance, 2007.
(2) Section 4 of this Ordinance shall be deemed to have come into force on the 27th day of February, 1980 and the remaining provisions shall be deemed to have come into force on the 12th day of December, 2005.
2. Act 15 of 1968 to be temporarily amended.- During the period of operation of this Ordinance, the Kerala Revenue Recovery Act, 1968 (15 of 1968) (hereinafter referred to as the principal Act), shall have effect subject to the amendments specified in sections 3 to 7.
3. Amendment of section 69.- In section 69 of the principal Act,-
(1) in sub-section (2), for the words "the demand arose", the words "the defaulter or his surety resides or holds property" shall be substituted;
(2) in sub-section (5),-
(a) for the words, figures and brackets "when a certificate is received under sub-section (1) or sub-section (4)", the words, figures and brackets "when a certificate under sub-section (1) or a requisition under sub-section (2), as the case may be, is received" shall be substituted;
(b) the words, figure and brackets "or sub-section (4)" in the second sentence shall be omitted.
4. Amendment of section 71.- To section 71 of the principal Act, the following proviso shall be added, namely:-
"Provided that such specified institution or class or classes of institutions or autonomous bodies, as the case may be, shall be liable to pay collection charges for the recovery of the amounts, at such rate and in such manner, as may be prescribed by the Government".
5. Amendment of section 72.- In section 72 of the principal Act,-
(1) in the marginal heading, the words "save where fraud alleged" shall be omitted;
(2) the existing section 72 shall be renumbered as sub-section (1) of that section and,-
(a) in sub-section (1) as so renumbered,-
(i) in clause (i), for the words, "Board of Revenue", the words "Commissioner of Land Revenue" shall be substituted;
(ii) the proviso shall be omitted;
(b) after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely:-
"(2) No civil court shall have jurisdiction to settle, decide or deal with any question or to determine any matter which is by or under this Act required to be settled, decided or dealt with or to be determined by the Government, or the Commissioner of Land Revenue or the Collector or any officer or authority under this Act.".
6. Amendment of section 81.- In section 81 of the principal Act,-
(1) for sub-section (1), the following sub-section shall be substituted, namely:-
"(1) Subject to the provisions contained in section 72, any person aggrieved by any decision or order passed or proceedings taken under this Act for arrears due or alleged to be due from him, may file a suit against the Government in a civil court of competent jurisdiction:
Provided that, the person aggrieved has availed himself of the remedies, for redressing his grievances provided in this Act.".
(2) in the proviso to sub-section (2) for the words, "Board of Revenue", occurring in two places, the words "Commissioner of Land Revenue" shall be substituted.
7. Amendment of section 83.- In section 83 of the principal Act,-
(1) in the marginal heading, for the words "Board of Revenue" the words, "Commissioner of Land Revenue" shall be substituted;
(2) in sub-sections (1), (2) and (3), for the words "Board of Revenue" wherever they occur, the words "Commissioner of Land Revenue" shall be substituted.
8. Repeal and Saving.- (1) the Kerala Revenue Recovery (Amendment) Ordinance, 2007 ( 38 of 2007) is here by repealed.
(2) Notwithstanding such repeal, anything done or deemed to have been done or any action taken or deemed to have been taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Ordinance.
GOVERNOR
|