On July 26, 2024, the Government of Kerala notified the Kerala Revenue Recovery (Amendment) Act, 2024, introducing significant updates to the existing Kerala Revenue Recovery Act, 1968. These amendments aim to streamline processes and introduce new provisions for better management and recovery of revenue.
Key Amendments and Additions
- Section 49: Enhanced Auction Processes
Public Auction and E-Auction:
In item (1), after the words PUBLIC AUCTION, the words INCLUDING E -AUCTION have been inserted. This amendment incorporates e-auctions as a valid method for public auctions, facilitating a more modern and accessible approach to auctioning.
Publication in Newspapers and Online:
In item (2), after the words DULY SERVED AND PUBLISHED, the words IN A NEWSPAPER HAVING CIRCULATION IN THE AREA IN WHICH THE ATTATCHMENT OR SALETAKES PLACE OR BOTH IN THE WEBSITE OF THE DISTRICT ADMINISTRATION CONCERNED have been added. This ensures broader and more effective dissemination of auction-related information.
- Insertion of New Section 50A: Reconveyance of Bought-in-Land
This new section introduces provisions for the reconveyance of land that has been bought in during recovery processes, adding a layer of flexibility and rectification to land transactions under recovery.
- Section 54: Opportunity for Hearing
The proviso in section 54 has been amended to include the words “giving the parties concerned a reasonable opportunity of being heard and” after the words and symbols “which has been made and rejected, he may, after”. This ensures that parties involved in disputes or appeals are given a fair chance to present their case before decisions are made.
- Section 57: Registration of Sale Certificates
Sub-section (2) of section 57 has been replaced with: “The certificate of sale issued under sub-section (1) of section 56 of this Act shall be registered as per the provisions of the Indian Registration Act, 1908 (Central Act 16 of 1908).” This mandates that all sale certificates are registered according to national registration laws, ensuring legal compliance and validity.
- New Sections Introduced:
Section 83A: Special Power of the Government to Issue Stay and Instalments
This section grants the government special powers to stay proceedings and allow payment in instalments, providing relief and flexibility to those undergoing recovery processes.
Section 83B: Power of the Government to Issue Moratorium
This section empowers the government to declare a moratorium on recovery proceedings, temporarily halting actions to allow for resolution or other considerations.
Section 83C: Settlement Scheme for Bought-in-Land
This section introduces a scheme for settling disputes and issues related to land bought in during recovery processes, aiming for a fair and equitable resolution.
Section 83D: Intimation of Settlement Scheme
This section mandates the government to inform concerned parties about the settlement scheme, ensuring transparency and awareness of available remedies and processes.
This shall come into effect from July 26th 2024.
