Appointment of receiver

Section 178 of Uttar Pradesh Revenue Code-2006 deals with appointment of receiver. appoint, for such period as he may deem fit, a receiver of any movable property of the defaulter. The Act was enacted on 11 Feb 2016.

178. (1) Where any arrear of land revenue is due from any defaulter the Collector may by order—

(a) appoint, for such period as he may deem fit, a receiver of any movable property of the defaulter.

(b) remove any person from the possession or custody of the property and commit the same to the possession, custody or management of the receiver.

(c) confer upon the receiver all such powers as to bringing and defending suits and for the realization, management, protection, preservation and improvement of the property, the collection of the rents and profits thereof the application and disposal of such rents and profits and the execution of documents, as the defaulter himself has, or such those powers as the Collector thinks fit.

(2) Nothing in this section shall authorize the Collector to remove from the possession or custody of property any person to whom the defaulter has not a present right to remove.

(3) The Collector may, from time to time, extend the duration of appointment of the receiver.

(4) No order under sub-section (1) or sub-section (3) shall be made except after giving notice to the defaulter to show cause, and after considering any representation that may be received by the Collector in response to such notice :

Provided that an interim order under sub-section (1) or subsection (3) may be made at any time before or after the issue of such notice :

Provided further that where an interim order is made before the issue of such notice, the order shall stand vacated, if no notice is issued within two weeks from the date of the interim order.

(5) The provision of rules 2 to 4 of order 40 contained in the First Schedule to the Code of Civil Procedure, 1908 shall mutatis mutandis apply in relation to a receiver appointed under this section.

(6) The receiver shall function subject to the control of Collector and furnish such information, returns or statements as the Collector may deem fit.

(7) The Collector may by order passed in writing and without assigning any reason, remove any receiver at any time before the expiry of the term of such receiver and appoint any other person as receiver in his place, if he is satisfied that continuance of that receiver shall not be desirable or expedient on ground of inefficiency, gross negligence, willful default, disobedience, misconduct serious omission, or misappropriation of any property. A person removed from the receivership under this section shall not be entitled to claim any damages or compensation on the ground of his removal.

(8) The Collector shall have power to determine, after giving opportunity to the receiver, what loss, if any, has been caused by the willful default, disobedience misconduct, serious omission or gross negligence of, or on account of any misappropriation by the receiver and to recover the amount of loss from receiver as an arrear of land revenue.

(9) The rent, profits or any other income from the property shall after defraying the expenses of management including the remuneration of the receiver, be adjusted towards discharge of the arrears, and the balance, if any shall be paid to the defaulter.

(10) As soon as the arrears are discharged under sub-section (9) or otherwise, the Collector shall restore the property to the defaulter.

Section 178, Uttar Pradesh Revenue Code-2006 (Act 8 of 2012).