LexThe BENGAL PUBLIC DEMANDS RECOVERY ACT, 1913 Bengal Act 3 of 1913 as amended in its application to Arunachal Pradesh
Arunachal Pradesh · state statute
Open in Lexace · Ask the AI about this actBENGAL PUBLIC DEMANDS RECOVERY ACT, 1913 [Bengal Act 3 of 1913] as amended
As applicable to Arunachal Pradesh.[this act has been brought into force to the area which was known
as North East Frontier Tracts(Part B) now state of Arunachal Pradesh vide notification no lOR,Dated 3rd
January 1920
i.As amended by the Bengal Public Demands Recovery (Amendment) Act, 2006 (Received the assent of
the Governor on 04/ 12/2006 published in AP EOG No 108 Vol XIV Dtd 15/ 12/2006
PART I
PRELIMINARY
1. Short title, commencement and extent.- (1} This Act may be called the Bengal Public Demands Recovery Act,
1913;
(2) It shall come into force on such date as the State Government may appoint by, notification in the Official
Gazett e.
(3) It extends to the whole of Assam
2. [Repeal]. The following amendments are hereby repealed:
(a) The public Demands Recovery Act, 1895(Bengal Act of 1895) and
(b) The Bengal public Demands Recovery (Amendment) Act, 1897(Bengal Act 1 of 1897)
3. Definitions.- ln this Act, unless there is anything repugnant in the subject or context-
(1) "Certificate-debtor" means the person named as debtor in a certificate filed under this Act, and includes any
person whose name is substituted or added as debtor by the Certificate Off icer;
(2) "Certificate-holder" means the Government or person in whose favour a certificate has been filed under this
Act, and includes any person whose name is" substituted or added as creditor by the Certificate Officer;
(3) "Certificate Officer" means a Deputy Commissioner, a Sub-divisional Off icer, and any off icer, appointed by a
Deputy Commissioner, with the sanction of the Commissioner to perform the functions of a Certificate Off icer
under this Act;
(4) "movable property" includes growing crops;
(5) "prescribed" means prescribed by rules;
1
[(6) "public demand" means any arrear or money mentioned or referred to in Schedule I, and includes any
amount due to a bank of financial institution including any interest which may, by law, be chargeable thereon
up to the date on which a certificate is signed under Part II; and J
(7) "rules" means rules and forms contained in Schedule II or made under section 39.
PART 11
FILING, SERVICE AND EFFECT OF CERTIFICATES AND HEARING OF OBJECTIONS THERETO
4. Filing of certificate for public demand payable to Deputy Commissioner.- When the Certificate Officer is
satisfied that any public demand payable to the Deputy Commissioner is due, he may sign a Certificate in the
prescribed form, stating that the demand is due, and shall cause the certificate to be filed in his office.
5. Requisition for the certificate in other cases.- (1) when any public demand payable to any person other than
the Deputy Commissioner is due, such person may send to the Certificate Officer a written requisition in the
prescribed form:
Provided that no action shall be taken under this Act on a requisition made by a land mortgage bank registered
or deemed to be registered under the Bengal Co-operative Societies Act, 1940 (Ben. Act XXI of 1940), or an
assignee of such bank, unless the requisition be countersigned by the Registrar of Cooperative Societies, West
Bengal.
(2) Every such requisition shall be signed and verified in the prescribed manner, and, except in such cases as may
be prescribed, shall be chargeable with the fee of the amount which would be payable under the Court-fees Act,
1870 (VII of 1870}, in respect of a plaint, for the recovery of a sum of money equal to that stated in the requisition
as being due.
6. Filing of certificate on requisition.- On receipt of any such requisition, the Certificate Officer, if he is satisfied
that the demand is recoverable and that recovery by suit is not barred by law, may sign a certificate, in the
prescribed form, stating that the demand is due; and shall include in the certificate the fee (if any) paid under
section 5, sub-section (2); and shall cause the certificate to be filed in his office.
7. Service of notice and copy of certificate on certificate-debtor.- when a certificate has been filed in the office
of a Certificate Officer under section 4 or section 6, he shall cause to be served upon the certificate-debtor, in
the prescribed manner, a notice in the prescribed form and a copy of the certificate.
8. Effect of service of notice of certificate.- from and after the service of' notice of any certificate under section
7 upon a certificate-debtor,-
(a) any private transfer or delivery of any of his immovable property situated in the district in which the
certificate is filed, or of any interest in any such property, shall be void against any claim enforceable in execution
of the certificate; and
(b) the amount due from time to time in respect of the certificate shall be a charge upon the immovable
property of the certificate-debtor, wherever situated, to which every other charge created subsequently to the
service of the said notice shall be postponed.
-~ · _. -~ fT ;
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9, Filing of petition denying liability,- (1 )The certificate-debtor ma·~~ wit'fi\n t~i~ -~ 81t~e s~r~ic~ on tl~
notice required by section 7, or, where the notice has not been duly served, then within thirt~
execution of any process for enforcing the certificate, present to the Certificate Officer in whose office tbe .
certificate is filed, or to the Certificate Officer who is executing the certificate, a petition, in the prescribed form,
signed and verified in the prescribed manner, denying his liability, in whole or in part,
(2) If any such petition is presented to a Certificate Officer other than the Certificate Officer in whose office the ·
9rigjn~I ~~rtificat~ is fi!ep, it shall be sent to the latter officer for disposal. : "'~" ..
10 .. H,~r1ns. ~~cf. ~!!,,npln_ln_s of such petition. - The C~rtlflcijt~ Officer If'! whos~ office t"i, orlglnal c~rtific~~~ is
filed shall hear the petition, take evid'eiice "(if iiece•sra"a'ry~~ and deterrrilne.whether th~'certlflca,~-~~!#~'(1~.11.a~le for the whole or any part of the amount for which the certificate was signed; and may set aside, modify the
certificate accordingly. ·
Provided that, if the Certificate Officer is not the Deputy Commissioner, and considers.that the petitlon
involves a bona fide claim of right to property, he shall refer the petition to the Deputy Commlsstoner.for
orders; and the Deputy Commissioner, if he is satisfied that a bona fide claim of right to property is involved, · -
sJ:1~IJ .make.aQ.Qfd.~~ c;:_(,l!)~e_lli~g_ the certificate .
. . :;_? -/.::i . .: . .,;~~;~i; ... : ,i, .. ·P~fW U1 . '··,. - :,·,, · · ·
- .. . . . .. , EXECUTION Of.:CERTIFICATes.·· ·: <.,··:: . . ; •• . , - >, . - .L. . -
11. Who may execute certificate,- A certificate filed under section 4 or section 6 may'bt/ executed tW~ ·.-: ,:- .. ··· - (a) the Certificate Officer in whose office the original certificate fs fiied, or
(b) the Certificate Officer to whom a copy of the certificate is sent for execution under section 12, sub-section
(1). 1
li. Transmission of certificate to another Certificate Officer for execution.- (1) A Certificate Officer in whose
~ffic-~ a certiflf~_te Is !~led ma.y,s~.nH AE~RY: t_!wt~~fAPJs -~fecution, to any other Certificate Officer (2) When a
copy of a certificate is sent to ·any· such offic~t tit~~~~ll.Eil4S~ it !Q b~ fil~cl tr hls gffj<;~r and thereupon the
provisions of section 8 with respect to certificates filed int he office of a Certificate Offic~e,.ShilH~p~lY,r,iS if .
such copy were an original certificate: Provided that it shall not be necessary to serve a second notice and
copy under section 7.
13. When certificate may be executed.- No step in execution of a certificate shall be taken until the period of
thirty days has elapsed since the date of the service of the notice required by section 7, or, when a petition has
fj~rt=cfu:~v:m{if~~~tf~e.~t~Q.tJ~i,\'JlW WS.~P~!ition -~a:.~een heard and determined:
Provided that, if the _Certificate;Qffi~@rlf~ whq$~ 9ff!¢~(°,f [email protected] is fil~Q-i~-satisfie,g that the certificate- • C • ""' · • :;." ~ 'l• •·{ ,;,-- ;.. , '\.; , • .;., •_} • ",'!_"i<'t,;:' · · , ~ : ..:_~. - . ·-..> .... -.~. - " • ;• :, <c• -. "•,fl .-'S-\ ( •
debtor is likely to conceal, remove or dispos?t of.the:whpl~.--Or@~V,H~'1 Pt iµsh:of";~j~{ns>vab~e prop~rw as,
would be liable to attachment in execution of a decree of a civil court, afia'th'a'ttfre-·reall~atlt>it'ofe:ttut~ffl9HOt
of the certificate would in consequence be delayed or obstructed, he may at any time direct, for reasons to be
recorded in writing, an attachment of the whole or any part of such movable property.
14. Modes of execution.- Subject to such conditions and limitations as may be prescribed, a Certificate Officer
-mi3_~ order execution of the certificate-
(f)'bi, \~t\ ~~~~h~~~r(4:~ J~):~ ~ l i it~.iwi!1J8~!l f~~i~~s-attachment), of any property, or
(b) byattachm~ntofany:det'ree/ o_i:...,. .,,/.:>~y4;·L;-: ';··:·?-; ·"" ·,·'.--i -~
. .. . J • ~ "!~ ~.? , ~,c;•~..: !~ ~ ~ ·;:-·· -:~-:.J·_. • • .. ~--- ,-., . .,.~.~
(c) by arresting the certificate-debtor and· deta.lnlni hlmJn. the cl'ill prispq;§.t . ..;~_:'1\r :· · · _ ·~·, . ·fi ("..-; ,,
(d) by any two or all of the methods mentioned in clauses (a), (b) and '(c). ;\ z) , i.:~.t.1.~~~ .. ~~;;.;,r~UrL,~_i,:;.~ -·: ._-,::/-~;._
Explanation to clause (d).- The Certificate Officer may, in his discretion at the same ti; ; ;~g~i~ih ~~ {~ ;~~,'.:
and property of the certificate-debtor.
15. Certain sales by whom to be held.- Where a revenue-paying estate or any share therein is liable to sale in
execution of a certificate, such sale may be held either-
{~} by the Certificate Officer exercising jurisdiction in the district to the revenue roll of which the estate or
shafe qpp~rtains, or
iqlh~Y th~ C~rtificate Officer exercising jurisdiction in the district in which such estate or share is situated.
lb"'.lltte-r~ ~~-costs_ and cb.ar.&~:s;[,;c~verab_le_-- There shall be recoverable, in the proceedings in execution of
every cert1f1cate filed under this Act~ , · '·'ti'.:'-"i.~~~:,, ~'~···
(a) interest calculated in such manner as may be ~~~igrt~~~ HI!'.>.!! tb.~ ~}fblit demand to which the certificate
relates, at the rat~ of ~ix ~nd a quarter per centum per anrium 'frorn t-r;t~~t~ ~r_~~.~ 5if~!n~ ~qtu~ '-~rt.jficate up
to the date of realization. . , ,,. '-0 - , .,:- , .. _.,,.,'t~~-:,: .... '$'i,.-!._ . .._.,,.,.,.
Provided that- ., · ·•· ,. __ ,._, ;.<-':
(i) no interest shall be charged if the amount of public demand is less han twenty-five rupees or if th . d
f~om t~e date of signing the certificate up to the date of realization does not exceed three months; e perio
(11) no interest shall be charged for the period during which the execution proceedings are stayed d
~~.der ~assed by the Certificate Officer at the instance of the certificate-holder; and un er an
(111) no interest shall be charged for the period during which the execution proceedings t d d order pa s d · I · . . are s aye un er an s e in an appea or in rev1s1on or by a Court at the instance of the certificat -h Id other than the certificate-debtor e o er, or any person
(~} ~~c~- costs as are directed to be paid under section 45, and
(c) all ch.frges incurred in respect of-
(i) the service of notice under section 7 and of warrants and th
' o er processes, and
· rH lr .1 •. • • \ ,.: • ... J
9(i{), ail otti'er· pf~cee1cfrrigs'taken for realizing the demand.
ATTACHMENT
17. Attachment of property.- Property liable to attachment and sale in execution of a decree of a Civil Court
under section 60 of the Code of Civil Procedure, 1908 (Act V of 1908) may be attached and sold in execution of
a certificate under this Act.
18. Payment of moneys contrary to attachment to be void.- Where an attachment has been made in
execution of a certificate, any payment to the certificate-debtor of any debt, dividend or other moneys,
contrary to such attachment, shall be void as against all claims enforceable under the attachment.
19. Attachment of decree.- (1) The attachment of a Civil Court decree for the payment of money or for sale in
enforcement of a mortgage or charge shall be made by the issue/to the Civil Court, of a notice requesting the
Civil Court to stay the execution of the decree unless and until-
(i) the Certificate Officer cancels the notice, or
(ii) the certificate-holder or the certificate-debtor applies to the Court receiving
such notice to execute the decree.
(2) Where a Civil Court receives an application under clause (//) of subsection (1), itshall, on the application of
the certificate-holder or the certificate-debtor, and subject to the provisions of the Code of Civil Procedure,
1908 (Act V of 1908), proceed to execute the attached decree and apply the net proceeds in satisfaction of the
certificate.
(3) The certificate-holder shall be deemed to be the representative of the holder of the attached decree, and
to be entitled to execute such attached decree in any manner lawful for the holder thereof.
SALE
20. Purchaser's title.- (1) Where property is sold in execution of a certificate, there shall vest in the purchaser
merely the right, title and interest of the certificate-debtor at the time of the sale, even though the property
itself be specified.
(2) Where immovable property is sold in execution of a certificate, and such sale has become absolute, the
purchaser's right, title and interest shall be deemed to have vested to him from the time when the property is
sold, and not from the time when the sale becomes absolute.
(3) Notwithstanding anything contained in sub-section (1), in areas in which Chapter XIV of the Bengal Tenancy
Act, 18851 (VIII of 1885), is in force, where a tenure or holding is sold in execution of a certificate for arrears
of rent due in respect thereof, the tenure or holding shall, subject to the provisions of section 22 of that Act,
pass to the purchaser, subject to the interests defined in that Chapter as "protected interests", but with power
to annul the interests defined in that Chapter as "incumbrances": Provided as follows:
(i) a registered and notified incumbrance with the meaning oft hat Chapter shall not be so annulled except in
the case prescribed; and (ii) the power to annul shall be exercisable only in the manner prescribed.
(4) Where the certificate-holder is a co-sharer landlord and the certificate is for his share of the rent only, the
provisions of sub-section (3) shall not apply.
21. Suit against purchaser not maintainable on ground of purchase being made on behalf of plaintiff.- (1) No
suit shall be maintained, against any person claiming title under a purchase certified by the Certificate Officer
in such manner as may be prescribed, on the ground that the purchase was made on behalf of the plaintiff or
on behalf of some one through whom the plaintiff claims.
(2) Nothing in this section shall bar a suit to obtain a declaration that the name of any purchaser certified as
aforesaid was inserted in the certificate fraudulently or without the consent of the real purchaser, or interfere
with the right of a third person to proceed against that property, though ostensibly sold to the certified
purchaser, on the ground that it is liable to satisfy a claim of such third person against the real owner.
22. Application to set aside sale of immovable property on deposit.- (1) Where immovable property has been
sold in execution of a certificate, the certificate-debtor, or any person whose interests are affected by the sale,
may, at any time within thirty days from the date of the sale, apply to the Certificate Officer to set aside the
sale, on his depositing-
(a) for payment to the certificate-holder, the amount specified in the proclamation of sale as that for the
recovery of which the sale was ordered, with interest thereon at the rate of six and a quarter per centum per
annum, calculated from the date of the proclamation of sale to the date when the deposit is made;
(b) for payment to the purchaser, as penalty a sum equal to five per cent oft he purchase-money but not less
than one rupee; and
(c) for payment to the Deputy Commissioner (where the certificate is for a public demand payable to the
Deputy Commissioner), such outstanding charges due to the Government under any law for the time being in
force as the Deputy Commissioner certifies to be payable by the certificate-debtor.
(2) Where a person makes an application under section 23 for setting aside the sale of his immovable
property, he shall not, unless he withdraws that application, be entitled to make or prosecute an application
under this section.
23. Application to set aside sale of immovable property on ground of non-service of notice or irregularity.- (1)
Where immovable property has been sold in execution of a certificate, the certificate-holder, the certificate
debtor, or any person whose interests are affected by the sale, may, at any time within sixty days from the
date of sale, apply to the Certificate Officer to set aside the sale on the ground that notice was not served
under section 7 or on the ground of a material irregularity in the certificate proceedings or in publishing or
conducting the sale:
Provided as follows:-
(a) no sale shall be set aside on any such ground unless the Certificate Officer is satisfied that the applicant has
sustained substantial injury by reason of the non service or irregularity; and
(b) an application made by a certificate-debtor under this section shall be disallowed unless the applicant
either deposits the amount recoverable from him in execution of the certificate or satisfies the Certificate
Officer that he is not liable to pay such amount.
(2) Notwithstanding anything contained in sub-section (1), the Certificate Officer may entertain an application
made after the expiry of sixty days from the date of the sale if he is satisfied that there are reasonable grounds
for so doing.
24. Application to set aside sale on ground that certificate-debtor had no saleable interest or that property did
not exist.- The purchaser at any sale of immovable property in execution of a certificate may, at any time
within sixty days from the date of the sale, apply to the Certificate Off icer to set aside the sale on the ground
that the certificate-debtor had no saleable interest in the property sold, or that the property did not exist at
the time of the sale.
25. Sale when to become absolute or be set aside.- (1) Where no application is made under section 22,
section 23 or section 24, or where such an application is made and disallowed, the Certificate Officer shall
make an order confirming the sale, and thereupon the sale shall become absolute.
(2) Where such an application is made and allowed, and where, in the case of an application under section 22,
the deposit required by that section is made within thirty days from the date of the sale, the Certificate Off icer
shall make an order setting aside the sale:
Provided that no order shall be made unless notice of the application has been given to all persons aff ected
thereby.
26. Disposal of proceeds of execution.- (1) Whenever assets are realized, by sale or otherwise in execution of
a certificate, they shall be disposed of in the following manner:-
(a) there shall first be paid to the certificate-holder the costs incurred by him;
(b) there shall, in the next place, be paid to the certificate-holder the amount due to him under the certificate
in execution of which the assets were realized;
(c) if there remains a balance aft er these sums have been paid, there shall be paid to the certificate-holder
there from any other amount recoverable under the procedure provided by this Act which may be due to him
upon the date upon which the assets were realized; and
(d) the balance (if any) remaining aft er the payment of the amount (if any)referred to in clause (c) shall be
paid to the certificate-debtor.
(2) If the certificate-debtor disputes any claim made by the certificate-holder to receive any amount referred
to in clause (c), the Certificate Off icer shall determine the dispute.
RESISTANCE TO PURCHASER AFTER SALE
27. Application by purchaser resisted or obstructed in obtaining possession of immovable property.- (1) lft he
purchaser of any immovable property sold in execution of a certificate is resisted or obstructed by any person
in obtaining possession of the property, he may apply to the Certificate Off icer.
(2) The Certificate Officer shall fix a day for investigating the matter, and shall summon the party against
whom the application is made to appear and answer the same.
28. Procedure on such application.- (1) If the Certificate Officer is satisfied that the resistance or obstruction
was occasioned without any just cause by the certificate-debtor or by some person on his behalf, he shall
direct that the applicant be put into possession of the property; and, if the applicant is still resisted or
obstructed in obtaining possession, the Certificate Off icer may also, at the instance of the applicant, order the
certificate debtor or such other person to be detained in the civil prison for a term which may extend to thirty
days.
(2) If the Certificate Off icer is satisfied that the resistance or obstruction was occasioned by any person (other
than the certificate-debtor) claiming in good faith to be in possession of the property on his own account or on
account of some person other than the certificate-debtor, the Certificate Off icer shall make an order
dismissing the
application.
ARREST, DETENTION AND RELEASE
29. Power of arrest : A certificate debtor may be arrested in execution of a certificate at any hour and on any
day, except as provided in Section 47,and when so arrested,shall,as soon as practicable,be brought before
the Certificate Officer ; and his detention may be in the civil prison of the district in which the Certificate
Offi cer ordering the detention exercise jurisdiction, or, where such civil prison does not afford suitable
accommodation, in any other place which the State Government may appoint for the detention of persons
ordered by the Civil Courts of such district to be detained :
Provided that, if the certificate debtor pays the amount entered in the warrant of arrest as due under the
certificate, and the cost of the arrest, to the off icer arresting him, such officer shall at once release him.
30. Release from arrest and re-arrest.- (1) The DC may order the release of a certificate-debtor who has been
arrested in execution of a certificate, upon being satisfied that he has disclosed the whole of his property and
has placed it at the disposal of the Certificate Off icer and that he has not committed any act of bad faith.
(2) If the Certificate Off icer has ground for believing the disclosure made by a certificate debtor under sub
section (1) to have been untrue, he may order the re-arrest of the certificate-debtor in execution of the
certificate, but the period of his detention in the civil prison shall not in the aggregate exceed that authorized
by section 31, sub-section (1).
31. Detention in and release from prison.- (1) Every person detained in the civil prison in execution of a
certificate may be so detained,-
(a) where the certificate is for a demand of an amount exceeding fifty rupees - for a period of six months, and
(b) in any other case - for a period of six weeks:
Provided that he shall be released from such detention-
(i) on the amount mentioned in the warrant for his detention being paid to the off icer in charge of the
civil prison, or
(ii) (ii) on the certificate being otherwise fully satisfied, or cancelled, or
(iii) on the request of the person (if any) on whose requisition the certificate was filed, or of the Deputy
Commissioner, or
(iv) on the omission by the person (if any) on whose requisition the certificate was filed to pay the
subsistence allowance fixed by the Certificate Officer:
Provided also that he shall not be released from such detention under clause (ii) or clause (iii) without the
order of the Certificate Officer.
(2) A certificate-debtor released from detention under this section shall not; merely by
reason of his release, be discharged from his debt; but he shall not be liable to be re
arrested under the certificate in execution of which he was detained in the civil prison.
32. Release on ground of illness.- (1) At any time after a warrant for the arrest of certificate-debtor has been
issued, the Certificate Officer may cancel it on the ground of his serious illness,or
(2) Where a certificate-debtor has been arrested, the Certificate Officer may release him if, in the opinion of
the Certificate Officer, he is not in a fit state of health to be detained in the civil prison.
(3) Where a certificate-debtor has been committed to the civil prison, he may be released therefrom
(a) by the DC, on the ground of the existence of any infectious or contagious disease, or
(b) by the Certificate Officer, or theDC, on the ground of his suffering from any serious illness.
(4) A certificate-debtor released under this section may be re-arrested, but the period of his detention in the
civil prison shall not in the aggregate exceed that authorized by section 31, sub-section (1).
33. Prohibition of arrest or detention of women and persons under disability.-
notwithstanding anything in this Act, the Certificate Officer shall not order the arrest or detention in the civil
prison of-
(a) a woman, or
(b) any person who, in his opinion, is a minor or of unsound mind.
PART IV
REFERENCE TO CIVIL COURT
34. Suit in Civil Court to have certificate cancelled or modified.- The Certificate debtor may, at any time within
six months-
(1) from the service upon him of the notice required by section 7, or
(2) if he files, in accordance with section 9, a petition denying liability from the date of the determination of
the petition, or
(3) if he appeals, in accordance with section 51, from an order passed under section 10 from the date of the
decision of such appeal, bring a suit in the Civil Court to have the certificate cancelled or modified, and for any
further consequential relief to which he may be entitled:
Provided that no such suit shall be entertained-
(a) in any case, if the certificate-debtor has omitted to file, in accordance with section 9, a petition denying
liability, or to state in his petition denying liability the ground upon which he claims to have the certificate
cancelled or modified, and cannot satisfy the Court that there was good reason for the omission, or
(b) in the case of a certificate for a demand mentioned in Article 1 or Article 2 of Schedule I, if the certificate
debtor has not paid the amount due under the certificate to the Certificate Officer-
(i) within thirty days from the service of the notice required by section 7, or
(ii) if he has filed, in accordance with section 9, a petition denying liability - then within thirty days from the
date of the determination of the petition, or
(iii) if he has appealed in accordance with section 51 - then within thirty days from the decision of the
appeal:
Provided also that no sale in execution of a certificate shall be set aside in such a suit unless the purchaser has
been made a party to the suit and until a direction is made for the refund of the amount of the purchase
money, with such interest (if any) as the Court may allow not exceeding six and a quarter per centum per
annum.
35. Grounds for cancellation or modification of certificate by Civil Court.- (1) No certificate duly filed under
this Act shall be cancelled by a Civil Court, except on one of the following grounds, namely:-
(a) that the amount stated in the certificate was actually paid or discharged before the signing of the
certificate;
(b) that no part of the amount stated in the certificate was due by the certificatedebtor to the certificate
holder; or
(c) that, in the case of fines imposed, or costs, charges, expenses, damages, duties or fees adjudged, by a DC
or a public off icer under any law or any rule having the force of law, the proceedings of such DC or public
off icer were not in substantial conformity with the provisions of such law or rule, and that
in consequence the certificate-debtor suff ered substantial injury from some error, defect or irregularity in such
proceedings.
(2) No certificate duly filed under this Act shall be modified by Civil Court, except on one of the following
grounds, namely:-
(i) that a portion of the alleged debt was not due; or
(ii) that the certificate-debtor has not received credit for any portion which he has paid.
(3) Nothing contained in this section shall interfere with the ordinary original jurisdiction of the High Court at
Calcutta, or with the jurisdiction of the Calcutt a Court of Small Causes.
36. Suit to recover possession of, or to set aside sale of, immovable property.
where notice of certificate not served.- Notwithstanding anything herein before contained, a sale of
immovable property in execution of a certificate shall not be held to be void on the ground that the notice
required by section 7 has not been served; but a suit may be brought in a Civil Court to recover possession of
such property or to set aside such sale on the ground that such notice has not been served, and that the
plaintiff has sustained substantial injury by reason of irregularity:
Provided that no such suit shall be entertained-
(a) if instituted more than one year from the date on which possession of the property was delivered to the
purchaser, or
(b) ift he certificate-debtor has made appearance in the certificate proceeding,or has applied to the
Certificate Officer under section 22 or section 23 to set aside the sale.
37. General bar to jurisdiction of Civil Courts, save where fraud alleged.- Except as otherwise expressly
provided in this Act, every question arising between the certificate-holder and the certificate-debtor, or their
representatives, relating to the making, execution, discharge or satisfaction of a certificate duly filed under this
Act, or relating to the confirmation or setting aside by an order under this Act of a sale held in execution of
such certificate, shall be determined, not by suit, but by order of the Certificate Off icer before whom such
question arises, or of such other Certificate Officer as he may determine:
Provided that a suit may be brought in a Civil Court in respect of any such question upon
the ground of fraud.
PARTV
RULES
38. Effect of rules in Schedule II.- The rules in Schedule II shall have effect as if enacted in the body of this Act,
until altered or annulled in accordance with the provisions of this part.
39. Power of Board of Revenue to make rules as to procedure.- (1) The Board of Revenue may, after previous
publication and with the previous sanction of the State Government, make rules regulating the procedure to
be followed by persons making requisitions under section 5 and by DC and Certificate Off icers acting under
this Act; and may, by such rules, alter, add to or annul any of the rules in Schedule II.
(2) Such rules shall not be inconsistent with the provisions in the body of this Act, but subject thereto, may, in
particular, and without prejudice to the generality of the power
conferred by sub-section (1), provide for all or any of the following matt ers, namely:
(a) the signature and verification of requisitions made under section 5;
(b) the Certificate Officers to whom such requisitions should be addressed;
(c) the cases in which such requisitions shall not be chargeable with a fee;
(d) the service of notices issued under section 7, the service of other notices or processes issued under this
Act, and the manner in which service may be proved;
(e) the signing and verification of petitions, under section 9, denying liability;
(f) the transfer of certificates, proceedings in execution of certificates and petitions under section 9 denying
liability from one Certificate Officer to another for disposal;
(g) the scale of charges to be recovered under section 16, clause (c);
(h) the maintenance and custody, while under attachment, of livestock and other movable property, the fees
to be charged for such maintenance and custody, the sale of such livestock and property, and the disposal of
the proceeds of such sale;
(i) the registers, books and accounts to be kept by Certificate Off icers, and the inspection thereof by the
public;
(J) the fee to be charged for the inspection of the register of certificates maintained under rule 59 in Schedule
II;
(k) the recovery of expenditure on the certificate establishment by the levy of costs under section 16, clause
(b) and section 45;
(I) the recovery of poundage fees;
(m) the forms to be used under this Act.
PART VI
SUPPLEMENTAL PROVISONS
40. Publication and effect of rules made under section 39.- (1) Rules made and sanctioned under section 39
shall be published in the Official Gazette, and shall, from the date of publication or from such other date as
may be specified, have the same force and effect as if they had been contained in Schedule II.
(2) All references in this Act to the said Schedule II shall be construed as referring to that Schedule as for the
time being amended by such rules.
41. Persons under disability.- Where the Certificate Officer is satisfied that the certificate-debtor is a minor or
of unsound mind, he shall, in any proceeding under this Act, permit to be represented by any suitable person.
42. Continuance of certificates.- No certificate shall cease to be in force by reason of-
(a) the property to which the demand relates ceasing to be under the charge or management of the Court of
Wards of the Revenue authorities; or
(b) the death of the certificate-holder.
43. Procedure on death of certificate-debtor.- Where a certificate-debtor dies before the certificate has been
fully satisfied, the Certificate Officer may, after serving upon the legal representative of the deceased a notice
in the prescribed form, proceed to execute the certificate against such legal representative; and the provisions
of this Act shall apply as if such legal representative were the certificate-debtor and as if such notice were a
notice under section 7:
Provided that where the certificate is executed against such legal representative, he shall be liable only to the
extent of the property of the deceased which has come to his hands and has not been duly disposed of; and,
for the purpose of ascertaining such liability, the Certificate Officer executing the certificate may, of his own
motion or on the application of the certificate-holder, compel such legal representative to produce such
accounts as the Certificate Officer thinks fit.
44. Cancellation of certificates.- (1) The Certificate Officer shall cancel any certificate at the request of the
certificate-holder.
(2) The Certificate Officer may cancel any certificate filed under section 6 if the certificate-holder is not
reasonably diligent.
NOTES
1. The Certificate Officer is empowered to cancel any certificate under the following circumstances
(1) When so requested by the certificate holder
(2) when the Certificate Officer is not reasonably diligent.
45. Costs.- Subject to such limitation as may be prescribed, the award of any cost of and incidental to any
proceeding under this Act shall be in the discretion of the officer presiding, and he shall have full power to
direct by whom and to what extent such costs shall be paid.
46. Compensation.- lft he Certificate Officer is satisfied that any requisition under section 5 was made without
reasonable cause, he may} award to the certificate-debtor such compensation as the Certificate Officer thinks
fit; and the amount so awarded shall be recoverable from the certificate-holder under the procedure provided
by this Act for recovery of costs.
47. Entry into dwelling-house.- (1) No person executing any warrant of arrest issued under this Act, or any
process issued under this Act directing or authorizing the attachment of movable property, shall enter any
dwelling-house after sunset or before sunrise.
(2) No outer door of a dwelling-house shall be broken open unless the dwelling-house or a portion thereof is
in the occupancy of the certificate-debtor and he or any other occupant of the house refuses or in any way
prevents access thereto; but, when the person executing any such warrant or other process has duly gained
access to any dwelling-house, he may break open the door of any room and enter, if he has reason to believe
that entering into the room is necessary in order to enable him to execute the process.
(3) Where a room in a dwelling-house is in the actual occupancy of a woman who, according to the customs of
the country, does not appear in public, the person executing the process shall give notice to her that she is at
liberty to withdraw; and, aft er allowing a reasonable time for her to withdraw and giving her reasonable
facility for withdrawing, he may enter such room for the purpose of executing the process; and, if the process
be for the attachment of property, he may at the same time use every precaution, consistent with this section,
to prevent its clandestine removal.
48. Application of Act XVIII of 1850.- Every DC, Certificate Officer, Assistant Commissioner ad Additional
Deputy commissioner acting under this Act, and every officer of the Government making a requisition under
section 5, shall, in the discharge of his functions under this Act, be deemed to be acting judicially within the
meaning of the Judicial Off icer's Protection Act, 1850 (XVIII of 1850).
49. Off icers to have powers of Civil Court for certain purposes.- Every Deputy Commissioner, Certificate Off icer,
Assistant Commissioner ad Additional Deputy commissioner acting under this Act, and every off icer of the
Government acting under this Act, shall have the power of a Civil Court for the purposes of receiving evidence,
administering oaths, enforcing the att endance of witnesses and compelling the production of documents.
50. Control over officers.- AII Certificate Off icers (not being Deputy Commissioner), Assistant Commissioners
and Additional Deputy Commissioners shall, in the performance of their duties under this Act, be subject to the
general supervision and control of the Deputy Commissioner.
51. Appeal.- (1) An appeal from any original order made under this Act shall lie-
(a) if the order was made by an Assistant Commissioner or a Additional Deputy Commissioner, or by a
Certificate Officer not being the Deputy Commissioner, - to the Deputy Commissioner, or
(b) ift he order was made by the Deputy Commissioner, - to the Commissioner:
Provided that no appeal shall lie from any order made under section 22,
(2) Every such appeal must be presented, in case (a), within fift een days, or, in case (b),
within thirty days, from the date of the order.
(3) The Deputy Commissioner may, by order, with the previous sanction of the Commissioner,
authorize-
(i) any Sub divisional Officer, or
(ii) any officer appointed under clause (3) of section 3 to perform the functions of a Certificate Officer, to
exercise the appellate powers of the Deputy Commissioner under sub-section (1).
(4) When any officer has been so authorized, the Deputy Commissioner may transfer to him for
hearing any appeal referred to in clause (a) of sub-section (1), unless the order appealed against was made by
such officer.
(5) Pending the decision of any appeal, execution may be stayed if the appellate authority so directs, but not
otherwise.
52. Bar to second appeals.- No appeal shall lie from any order of a Deputy Commissioner, or an officer
authorised under section 51, sub-section (3), when passed on appeal.
53. Revision.- (1) The Deputy Commissioner may revise any order passed by a Certificate Officer, Assistant
Commissioner or Additional Deputy Commissioner under this Act; the Commissioner may revise any order
passed by a Deputy Commissioner under this Act;
(2) the Commissioner may revise any order passed by a Deputy Commissioner under this Act.
(3) the State Government may revise any order passed by a Commissioner under this Act.
56. Application oft he Indian Limitation Act, 1908.- (1) Sections 6 to 9 of the Limitation Act, 1963 (36 of 1963)
shall not apply to suits, appeals or applications under this Act.
(2) Except as declared in sub-section (1), the provisions of the Limitation Act, 1963, shall apply to all
proceedings under this Act as if a certificate filed hereunder were a decree of a Civil Court.
57. Certificate Officer deemed to be a Court.- A Certificate Officer shall be deemed to be a Court, and any
proceeding before him shall be deemed to be a civil proceeding within the meaning of section 14 of the
Limitation Act, 1908 (IX of 1908).
58. Penalties.- Whoever fraudulently removes, conceals, transfers or delivers to any person any property or
any interest therein, intending thereby to prevent that property or interest therein, from being taken in
execution of a certificate, shall be deemed to have committed an offence punishable under section 206 oft he
Indian Penal Code (Act XLV of 1860).
59. Signature of documents by ministerial officers.- (! ) Any Certificate Officer may, by written order,
authorize any ministerial officer to sign, on behalf of the Certificate Officer, any copy, issued by the Certificate
Officer under this Act, of any document referred to therein.
(2) The State Government may, by notification in the Official Gazette, empower Certificate Officers to
authorize ministerial officers, by written order, to sign on behalf of Certificate Officers any classes of original
notices, summonses or proclamations issued by Certificate Officers under this Act which are specified in such
notification.
NOTES
Sections 60 to 64 have not been extended to Assam
Schedule I Public Demands
[See sees. 3(6) and 34(b)]
PUBLIC DEMANDS
1. Any arrear of revenue which remains due in the following circumstances, namely: When, under the
provisions of Bengal Land-Revenue Sales Act, 1859 (XI of 1859), or the Bengal Land-Revenue Sales Act, 1868
(Ben. Act VII of 1868), or any other law for the time being in force, an estate or tenure, or any share of an
estate or tenure, has been sold for the recovery of arrears of revenue due thereupon, and, aft er deducting the
expenses of such sale, the balance of the sale-proceeds remaining is insuff icient to liquidate the arrears of
revenue in discharge of which such sale-proceeds may, under the said provisions, be applied.
2. Any arrear of revenue which is due from a farmer on account of an estate held by him in farm, and is not
paid on the latest day of payment fixed under section 3 of the said Bengal Land Revenue Sales Act, 1859 (XI of .
1859).
3. Any money which is declared by any law for the time being in force to be recoverable or realizable as an
arrear of revenue or land-revenue, or by the process authorized for the recovery of arrears of revenue or of
the public revenue or of Government revenue.
4. Any money which is declared by any enactment for the time being in force
(i) to be a demand or a public demand, or
(ii) to be recoverable as arrears of a demand or public demand, or as a demand or public demand, or
(iii) to be recoverable under the Bengal Land Revenue Sales Act, 1868 (Ben. Act VII of 1868).
5. Any money due from the sureties of a farmer in respect of the revenue of the estate farmed by him.
6. Any money awarded as fees or costs by a revenue authority under any law or any rule having the force of
law.
7. Any demand payable to the Deputy Commissioner by a person holding any interest in land,pasturage,
forest-rights, fisheries or the like, whether such interest is or is not transferable, when such demand is a
condition of the use and enjoyment of such land, pasturage, forest-rights, fisheries or other thing.
8. In the case of property which, under the provisions of any law for the time being in force, is under the
charge of, or is managed by, the Court of Wards or the revenue authorities on behalf of a private individual -
any arrear of rent, or of any demand which is recoverable as rent, whether such arrear became due-before or
after the management devolved upon such court or such authorities.
9. Any money payable to an off icer of the Government, in respect of which the person liable to pay the same
has, by a writt en instrument, which shall, except in cases of fees, not exceeding fifty rupees per annum, for
licences granted for use and occupatiExcerpt shown. Open the full act in Lexace.