Section 160 in Ajmer Abolition of Intermediaries And Land Reforms Act, 1955
160. Recovery of arrears in the case of general refusal to pay
(1) In the event of any general refusal to pay rent to the persons entitled to collect the same in any local area, the State Government may, after making necessary enquiry declare by notification in the Official Gazette, that such rents may be recovered as arrears of land revenue.(2)In any local area to which a notification issued under sub-section (1) applies, a landholder or any other person whom an arrear of rent is due may, notwithstanding anything to the contrary in this Act or in any other law for the time being in force, instead of suing for recovery of tin arrear under this Act, apply in writing to the Collector to realise the same, who shall after satisfying himself that the amount claimed is dire, proceed, subject to rules made by the State Government, to recover such amount with interest as an arrear of land revenue.(3)The Collector shall not be made a defendant in any suit in respect of any amount of the recovery of which an order has been passed under this section.(4)Nothing herein contained and no order passed under this section debar(a)a landholder from recovering by suit for the application any amount due to him which has not been recovered under this section; or(b)a person from whom any amount has been recovered under this section in excess of the amount due from him, from recovering such access by suit against the landholder to other person on whose application the arrear was realised.(5)The Collector shall deduct and credit to the State Government a sum equal to seven and a half percent of the amount actually recovered under sub-section (2) by way of costs of collection and the charge of such costs of collection shall fall on the tenant:Provided that where the Collector is of opinion that there was a bonafide dispute between the tenant on the one hand and the landholder or any other person to whom an arrear of rent was due on the other hand as to the rent due, he may apportion the charge of the costs of collection between both parties in such proportion as he may consider fit.
