Section 75 of The Punjab Land-Revenue Act, 1887 in hindi
When an arrear of land-revenue has accrued and the foregoing processes are not deemed sufficient for the recovery thereof, the Collector, with the previous sanction of the Financial Commissioner, may, in addition to, or instead of, all or any of those processes, and subject to the provisions hereinafter contained, sell the estate or holding in respect of which the arrear is due : Provided that land shall not be sold for the recovery of—
- (a)any arrear which has accrued while the land was under the charge of the Court of Wards, or was so circumstanced that the Court of Wards might have exercised jurisdiction over it under the provisions of section 35 of the Punjab Laws Act, 1872, (IV of 1872) clause (a), (b), (c) or (d); or
- (b)any arrear which has accrued while the land was under attachment under section 72 of this Act; or
- (c)any arrear which has accrued while the land was held under direct management by the Collector or in farm by any other person, under section 73, after either an annulment of assessment or a refusal to be liable therefor.
Summary
- This section permits the Collector to sell an estate or holding if an arrear has accrued and other recovery methods are deemed insufficient.
- The Collector must obtain the previous sanction of the Financial Commissioner before proceeding with the sale.
- Land cannot be sold to recover debts that accumulated while the property was under the charge of the Court of Wards, a protective government body.
- The property cannot be sold for arrears that accrued while it was attached under the rules for attachment.
- The land is protected from sale for debts built up while it was under direct management or farmed out following an annulment of assessment.
Practical examples
FAQ
1. Who must approve a land sale under Section 75 of the Punjab Land-Revenue Act?
Section 75 of the Punjab Land-Revenue Act, 1887 requires the Collector to get the previous sanction of the Financial Commissioner.
2. Can my land be sold under Section 75 of the 1887 Act for debts from when it was attached?
No, Section 75 of the 1887 Act forbids selling the land for arrears that accrued while it was already attached under Section 72.
3. What happens if the Court of Wards managed the land under Section 75 of the Punjab land laws?
Section 75 of the Punjab land laws states that land cannot be sold for any arrear that built up while the Court of Wards was in charge.
Test yourself
Q1.Before selling an estate under Section 75 of The Punjab Land-Revenue Act, 1887, whose previous sanction must the Collector obtain?
Q2.How does Section 75 of the Punjab Land-Revenue Act, 1887 treat arrears that accumulated while the land was attached under Section 72?
Q3.Under Section 75 of The Punjab Land-Revenue Act, 1887, can land be sold for an arrear that accrued while managed by the Collector after an annulment under Section 73?
Q4.According to Section 75 of the Punjab Land-Revenue Act, 1887, what is the status of arrears that accrued while the land was under the charge of the Court of Wards?