The Manipur Public Demand Recovery Act, 2003

GOVERNMENT
OF
MANJPUR
.
.
.
.
.
..
e
,c-:·<·i·_
,
..
?ARI.AT?
•LAW &
LEGISLAT!YE
?Ff
AIRS
pEF
AJ3.;t.ly1ENT
NOiflFJ-CNPIO
N
-Impha],
the
14th
May,
2002
NJ.
2/11/99-Leg/L(Pt).-The
following
Act
of
the
L?gi?_latur.e,
M_?nipur­
?-
?i\'.e-j
asserif'of',the'
Governor
of
Manipur.
sn
7-5:20Yl_'.J,
hereby
??:i.\.flrthe\Qfficialt1Gazette.
TH.
K?\,MlNf.
KUMAR
SINGH:
.Depu
ty
.Sec1J;J;:i.ry
(Law),
.
Government
of
Manipur.
,jfilf.l:}'
J.4ANIRBR
l'URLIC
DEMAND
REC.OVERY
ACT,
2(03
(Mi.nipur
Act
No.
4
of
2003)
An
Act
to
provide
for
speedy
recovery
of
Public
Demands
in
Manipur,
}iS
?!<}Jitt.enacted
.b-y
tbe
-Legislature of
Manipur .in
the
Fifty:fourth
year
of
:
}he
Republic
of
India
as
follows
;
Part-I
PRELIMlNAR
Y
Title;
Eite11t
and
Comme99?qieIJ.t
:
This
Act
may
be
called
the
Manipur
Publi?
Qem_and
B?qvery,{\ct:,
2003?.
-?v??te11ds
ttf
?he
W?q}tl_?f
tpe
-?t,?!i'
..
;9.f}\'f?il!I?#,!°,
itt.
ilia[I,?-l'P?f
??t:=::;;:""•G4yer•meut
may,
'
J

:2.
Delj.ni_tioos
:
In
this
..
Act,
un1
·
·
is1JJ?jfi,Jk,iflxt
=
-
(l)
"Certificate-debtor·"
means
the
·ip('li"son
named
as
debtor
in
the
certi­
ficate
tiiect
µ,i,-d,t J?i?ifff1!=tf1]ap:1Hti!l?lµq?"ally{pci?-sons
whose
name
is
substituted
or
...
i?.??d
'a?.;
geibt9r,
!:>;y
t;lie,_\?e:J:{iq¢-,.te-8fiicer;
·:.,·
_: ..
\
':;·
:·
'
\,
/")·
).'.
>:
...
:.
,\<,
'
?<?:
·:._.:•
..
,
>
;:.
:.:?,:_,.
?-,_,c"-...:•:•";,,:
..
·.-
.
(2)
"Certificate-holder"
means
the
Government
or
person
in
whose
favour
a
certificate has
been
filed
>under.this
Act;
and
includes
any
persos
whose
name
is
substituted
or.
added.
as
creditor
by
the
Certificate?
!(_J)
"Certificate-officer"
means
a
Deputy Commissioner,
a
Sub-Di'iisional
Officer
and
any
officer
appointed
by
a
Deputy
Commissioner
with
the
sanction
of
the
Revenue
Commissioner
appointed
under
the
M
a.nipur
Land
Revenue
and
Land
Reforms
Act,
1960
to
perform
the
functions
of
a
Certificate
Officer under
this
Act;
?4)
"Deputy
Commissioner"
means
the
Chief
Officer in
charge
of
tho
revenue
administratioa
of
a
district
arid
-includes
an
Additional
Disttic:t
Magistrate
appointed
under
sub-section
(2)
of
section
20
of the,
Code of
Criminal
Procedure,
1973;
(5)
"Movable-
Property"
includes
standing
crops;
·{6)
"prescribed''
means
prescribed
by
Rules
made
under
this
Act;
,(7)
"Public
Demand"
means
any
arrear
or
money
mentioned
or
referred
to iu
the
schedule
and
includes
any
interest
which
may,
by
law.
be
chargeable
thereon
up
to
the
date
on
which
a
certificate
is
signed
i.r.der
this
Act;
(8)
..
Rules"
means
rules
and
forms made
under section
56.
·
{9)
"Bank"
means
and
includes-
(i)
a
'bank'
included
in
the
Second
Schedule
to
the
Reserve Bank
of
India
Act,
1934;
(ii)
the
'State
Bank
of
India'
constituted
under
the
State :Bank
of
India
Act,
1955";
(iii)
(ivf
a_
'subsidiary
bank'
as
defined
in
the
State
Bank
of India"
(Subsidiary
banks) Act,
1959;
-
·?
'L?J
t·
.
a
'corresponding
new
Bank'
as
defined
.
ip
section
3,.
of
the
BaakiD('.?
Com
panics
(
Acqriisiti?ri:
.'.1fl?
Transf
e\.,
?{
)1 ????J:kif?)
r,ct,
.:
_1?
(S.
ofl970J
and-section
J-oft!}e
Banking.
q>J:Dpa.ni?
(A,cqw?i
and
Transfer
of
t1nderhl1cinpj
'"Act';
·19g'Q
(40'dt 19'80);'··•
:;

.3
(v)
a
•co.;opei.-ativc
bank'
as-
defined
in
section. 5
(cci)
of
the
Banki?g
R•iulation
Act.
1949;
(vi}
a Regional
Rural
Bank
constituted
.
,u_ndc:,r
,the
.
Regienal
Rural
:Banks
Act,
1976
(21
·
of
1976).
(10).
'"-Financial
institution"
means.-
(i)'
a
company
or
a
body
corporate
incorporated
under
the
Companies
Act,
1956
and whoso
main
business
is
to
finance
trade,
commerce
or
industrial
enterprise;
(ii)
"a
financial
corporation" as
defined
in
State
Fioancial
Corpora­
tion
Act,
1951;
(iii)
a
society
registered
under
the
Societies
Registration Act,
1860
which
is
engaged
in
financing
activities
or
has been
constituted
by
any
law
for
the
time
being
in
force and
whichis
either
owned
by,
or
in which
the
majority
shares
are
held
by
the
Stato
Government.
(11)
"Financial
assistance"
means
any
kind
of
?nanyial
assistance->
(i)
for
establishing.
expanding
modernising,
renovating
or
running
any
industrial
undertaking;
or
(ii)
for
the
purposes
of
vocational
training;
or
(iii)
for
the
development
of
agriculture.
horticulture,
animal
husbandry
or
agro-industry
;
or
tiv)
for
purposes
of
any
other kind
of
planned
development; or
(v)
for
relief
against
distress
caused
by
fire
or
serious
drought,
flood
or
other natural
calamities;
or
(vi)
·
for the
purpose
of
carrying
out
any
State
sponsored
scheme;
or
(vii)
for
any
other
prescribed
purpose.
(12)
"Scheme"
means
a scheme
sponsored
by
_way
of
financial
assistance
by
·
·
·
the State
Government
or
the
Central
Government
o:r
the
State
Government
and
the Central
Government
together
under which
the State
Government
either___.:
advances
money
to
a
Government
company
for
the
purposes
of
disbursing
loans,
advances
or
grants
or
for
the
purposes
of
sale
of
goods
on
credit
or
hire-purchase;
or
.,
.
?j:1c](ii),;fguarantees or
agrees
to,
guarantee
the
repayment
of
a
loan
advance
i1{·.frzi:/
pr,,
grant
or
the
payment,
of
·the,
price
of
goods
sold
on
credit
or
'
-.
.
<0llire-purchase.
!))-
·
"State
Government=
means
ttie
State
Government
of
Manipu:r.

Part-II
:Fi}.i,9g:1?M?e>?&ect
.of· coriififato.,
:.,.
,,
and
hearing
of
objec;ti&ris
t-l'forefo.
.
:
,r,
'}
'3.
fi'iling.,ef·,€er.tificat'e
.for
"Flihlic':Demand
Payable
to Depuiy Commissioner
:
When
the
·
Certificate
Officer
id'
satisfied
?ha,t
?n?
public
??lllind
payable
to,
the
Deputy
Commissioner
is
due,
he-
ma-f,:;sigri
a
eertificate,
in
the
prescribed
foJ'D)
stati,ng
Jlia.t
the
,d$:tn?nc:t,i$
,,q?" ?TIP
·??P.,?11
c?µ?e
;the
.ce?e
to
be-
filed
jn
bis
;_Q.ffice.:
·
Provided
that
the
certificate-officer
shall;, {as<seon
as
he
signed
a
certificate­
inform
.the
§.??J?
9f
a
Gertifisate
iby
,him.,tp.,,t:l,le,'.S;ub-,R.egistnar,
uI15f?r
whost
jurisdiction
the
immovable
property
belonging
:to:·
the
.
certificate
debtor
i5.
situated.
A.
,R?9:µ,is.i?10_:11
;f;C\r
t?
,
cel}tifi.qate
in
qther
·
cases
:?1)
·When
any
-public
deemed
payable
to
any
person
other
than
the
Deputy
-Coramissioner
is
due,
such
pe1fon;
may
send
to
the
Certificate-officer
a
written
requisition
in
the
prescribed
forrn
:
.
.
'.
·,
..
·.
·
..
·-
...
.·--;
::;.•,
Provided that
no
action
shaH
be
taken
.
under
t_his
Act
011
a
.requisition
iµ-ade
by
a
land.
development
bank
registered
.
or
deiiiflnd
·
to
be·
registered
under
the
Manipur
Co-operative
Societies
Act'{
1976
(Manipur
Act 14
of
1976),
or an
assignee
of
such
bank;
unless
the
-requisirion
:f)',;
countersigned by
the
Registrar,
Co-operative
Societies,
J\,fa!l'j.p.ur.
?-?.
(2)
Every
such
re
quis.tion
shall
be
signed
and
·
verified
in
the
prescribed
manner,
and
,,?:,;?ep:t.
-in
.
such
.cases
.
a0s
may
+e
prescribed,
sha-11
·
be
chargeable
with.the fee
.of
the
amount
which
wnuld
be
payable under
the
Court 'Fees
Act.
1870
(VII
of
1870),
in
respect
cf
a
plaint fo,r
,the
rec.overy
of
a
sum
of
money
equal
to
that
stated
in
the
requisition
as
hyiqg ,q.ue.
5.
Filing
of
Certificate
on
Requisition
:
On
receipt
of
any
such
reguisition,Jhe
Certifica;c?offic?r,;if ,t?js ,§atisfu:i::l
that
·
the
demand is r?c?verahle
a11d
H1at
.rc>co,very
by Sµit
)s ,1)().t
b,ar;?l£i.: b,y law,
may
sign
ii
certifkafe, ,.in
ti,?
pre??_rib.ed
fqrm,
.statir??-J;b.a.t
Jhe
dem?-nshis
_!lue;
and
shallfodude
in
ti:e
tertificate
the
fee
(if
any)
paid
tnder
-S;lMJ-:;?cticn
(2)·
of
section
4,
and
shall
cause
the
certificg.te
to
be
filed
)p
J,_iJi
q:f;Ijce.
6.
?e.rvi?.P
pf p,oJice ,?n,<;l·
?Q.PY
pf
ce1,tif1!??,te
on ,c:ertific,s1.te-dehtcr
:
.·.
Wb.?n
a
certificate
has
,been
,filed iii
•the office
of
a
Chti.ti.cate-o.fficer.
!
?!},<i,e,r
??.tjqJl
3
or
.s.?.?tiq..p ft, ?
\SMJL<?Jtuse
to
7b_e
seni?
uponi;tho
vertificate,..
\
.q??\P:f,:)n
}\1?
_,pr?.???i?d
rPl??;,;i?r,
i?
,nQt{c?
in
:t?e :,presCTibed
ifonn. and
a
copy
0
,ofthe
certificate.

5
.
>.J.
From
and
after the
service
of
notice
of
any
certificate
apon
?
_;
t:ertilkatc.Jdcbtor....:a..
...
?
i:
·??
under
section
O:·
.··:
:.•:
·:·;.
l
-:,.,
.·
?
·;
tTie
··11:.irihunt
due 'from
time
to
time
in
respect
of
t\e
._.certific.a,te
-?hall
be
a
charge
upon
the immovable
property
of
·
th?-·
certificate-debtor;
wherever
situated
to
which
-
ev?ry
other
charge
created
subsequently­
to
the
service
of
the
said
notice
shall
be
postponed;
(b)
any
private
transfer
of
'delivery
of
a11y
,of
:his' .:immovable
'property·
sitpatecj..
in
the
district .in
which,
the
certificate ·ji;.
filed-,
or
of
any
interestjn
such,
property,
shall
be
void
against;
any
?laim
enforceable­
in
ex?uti?n
o:Cth?
certificate
•
.8.
Filing
of
petition
denying, •-liability:
(1)
The
Certificate-debtor
may,,
wiH1in
thirty days
from
the
service
of
the:
notice
.required by
section
(>,
or
where
the
notice
.has
not
been.
duly
served;
then
wifhin
thirty
days rx:.om
the
execution .of
any process
for
enforcing
the­
certificate,
present
to
the
Certificate-officer
in
whose office-
the
certificate
is
-tilea-,
or
rd
th'e
,'Cti-'tuicate
..
dfficer
who
is
ex:ecutl?g
the
certificate,
a
petition,
iu
the
.
pr&scrlbed
'fofm,
signed
aircf
verified
in
the
prescribed manner,
denying
Iii?
'liability,
'in
White
or
in
.part.
(2)
lf
any,
such:
petition
is
presented
to
a
Certificate-officer
other
than
the
·
?fica.te-dfilcer
in wlfoS'e
office
the
original
certificate is
filed
it
shall
bo,
sent
to
the
latter officer
for
disposal.
:9,
Hearing
and
determining
of
such
petition:
The
Certifkate?officer
in
whose
office
the
original
cerificate is
filed
shall
b'eaf
lhe
petition,
take
evideuce
(if
necessary),
and
determine
whether
the
C.
·-cettifrcate-<lebtor. is
liable
for.
th?
whole
or
any
part
of
the
amount
for
which.
'the
certificate
was
signed,
and
may
set
aside
or
modify
the
certificate
'}_;eac;sordingly;
.......
l>rovi<led
that,
if•:the·
Certificate-officer
is
not
the
Deputy
Commissioner,
;:ja'qd:
:considers
t:l?t
the
petition
involves
a·
benaf.de
'
claim
of
right
to
property,
t{lre
J,shaU
refer
the
petition
to
the
Deputy
Commissioner
for
orders,
and
the·
/;c.1¥,ept:rty Commissioner,
if
he· is
satisfied
that
a
bonafide
claim
of
righ;.
to
C)f>r6petty
1s irtVolv-ed,
sha.11
m:tke
an
order
cancelling
the
certilic1te.
er
substi_tution
of
certificate
by addition,
omis-
ion
amend
?f·-·fc/\P'art!es:
LJif"\!.]k?J?ct
to:}he.
pro,)siQ?S,
cf
tbe
L
imit?lion
.Act,
E'63
(36
of i9(
3);
and
,?pori''applicati?n-
·mitde
to
him
.
by-
the
Certificate-holder,
tl:y. Certi.ficate-o;fficer
'-:_..'....
?-?-
??ay
at
al,'.)y
Hme7
amend
a
oerri:ficate
by
the
addition,
orni$sion
er
substitutfo?.
JK
Power
to
,.:----
-
-·-

.ef
the
name
of
any
C?tificate-holde.r
OL
Certifi(;at;""dehtor,"
or
by
the.
21:teu.:;.
•
tion
of
the
amoust
elairaed
therein·
'
•
•
•
•
.
•
·••
.
•
.
'
<·
!.'j·::
Provided
that
when
any
such
amendment is
made'
,a.fresh;
notice
and
copy
of
amended
certificate
shall
be served
upon
.
the
..
certificate-debtor
as
yrovided.
Hi
.
section 6.
PART-III
J
1
•.
Who
may
execute
certificate:
..
A
lcertiii-:;ace
filed under
section
3
or
section
5
may
be
executed
by-
( a)
the
Certificate-officer in
whose office the
original
ce.Hili?tc
is
filed,
or
(b)
_the
Certificate-officer
to
whom
a
copy
of the certificate
is
sent
for
execution
under sub-section
(i)
of:
section 12.
]Li..
Transrai
ssion
of
certificate
to
another
Certificate-officer
for
execution':
·
(a)
A
Certificate-officer
in
whose
office
a
certificate
is
filed
may
send
a
copy
·
thereof',
for
execution,
to
a
ry
other
Certifie-ue-offic
er.
(b)
When
a
copy
of
a
certificate
is
sent
to
any
such
officer,
he
shall
cause
it
to
be filed
in
his
office,
and
thereupon
the
provisions
of section.7
witn
respect
to
certificates
filed
in the
office
of
a
Certificate-officer
shall
appfy;
as
if
such
copy
were
an
original
certificate;
Provi+ed
that
it
shall
not
be
necessary
to
serve
a
second
notice
and
copy
under
section
6.
13. When
eertificate
may
be executed
:
No
step
in
execution
of
a
certificate
shall
be
taken
until
the
period
of
thirty
-days
has
lapsed
since
the
date
of
the
service
of
the
notice
required
by
section
6>
or,
when
a
petition
has
been
duly
filed under
section
8,
until
such
petition
bas
beea
.heard and
determined:
Provided
that,
if
the
Cer?ilfoate-officer·
in
whose
office
a
certificate
is
filed
is
.satisfied that
the
certificate-debtor
is
likely
to
conceal,
remove
or
dispose
of
the
whole
or
any
part
of
such
of
bis
movable
property
as
would
be
liable
to
attachment.
:in
execution
of
a
decree
of
a
Civil
Court,
and that
th:
realisation
of
th'!
amount
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
pa.ti
of such movable
property
:
Provided
further
that,
if the
certificate-debtor
whose
movable
property
has
'been
so
attached
furnishes security
to
the
satisfaction
of
the
Certificate-officer,
-such
attachment
snail be
'(;Anc:elled
from the
date
on
which
such
security
is
accc;pteif
,.by:
the
Ccrlificateso.ffi'1,ef.

·C
7
i?. Mede
of
Execution
:
Subject
to
?!-..
=-:::=:??
and
limitations as
may
be-
prescribed,
a
Certificate-
officer
may
order
eseccnon
of
the
certificate-
(a)
by
att3ctune;:it
and
sale,
or
by
sale
(without
previous
attachment),
of
any
property,
er
(b) by
a:ttactun':1lt
of
any
decree,
or
(c) ?
?TJ.g
theo-certificate--debtor
and
detaining
him in
the
civil prison,
or
ia.i
t?-
any
two or
all'
of
the
methods
mentioned
in
clauses
(a),
(b)
&
(c),
O:rum
sales
by
whom
to
be
held
:
V.'bcn
a
revenue-paying
estate
or
any
share
therein
is
Hable
to
sale
in
execution
d
a
c:crtmcate,
such
sale
may
be held
either-
(a)
by
the
Certificate-officer
exercising
jurisdiction
in
the
district to
the
revenue­
roll
of·
.
which
the estate
or
share
appertains,
or
(b) by
the
Certificate-"officer exercising
jurisdiction
in the
district
in
which
such
estate
or
share
is
situated.
16.
Interest,
costs
and
charges
recoverable
:
There
shall
be
recoverable,
in-the
proceedings
in
execution
of
every
certificate
filed
under this
Act.
(a)
Interest
calculated
in
such
manner
as
may
be
prescribed
upon
the
public
·•
·.·•
demand to
which
the
certificate
relates,
at
the
rate
of six.
per
cent
per
annum
from
the
date
of the
sig
ring
of the
certificate
up
to
the
date
of
realization;
Provided that=-
(i)
no
interest
shall
be
charged
if
the
amount
of
public
demand is
less­
than
one
hundred
rupees,
or
if
the
period
from
the
date
of
signing
the
certificate
up
to
the
date
of
realisation
does
not
exceed
three
months;
(ii)
no
interest
shall
be
charged
for
the
period
during
which
the
execution
·
proceedings
are
stayed
under
an
order
passed by
the
Certificate­
officer at
the
instance
of
the
Certificate
holders;
and
(iii)
no
interest
shall
be
charged
fur the
period during
which the
execution
proceedings
are
stayed
under
an
order
passed
in
appeal
or
in
revision
or
by
a
Court
at
the
instance
of
the Certificate
holder
or
any
person
other
than
the certificate-debtor;
costs
as
are
directed
to
be
paid.
'uader
section
42;
and
charg?Uncurred
in
respect
@f?.
J

(i)
the
se,ryi®
of
notice
p?oce?s;
atid
:
'(ii}'
a:11
·. oth:er
·
prea:@in·?
under section
6,
and
of
warrants
and
,
othl!if
,·
,.
:·:;
:;,:-
:::..;·.·
.
:'··;
17.
Attachment
.of
property
:
·
Prnperty
'ikbie
to
attachment
and sale
in
execution
of:
a
decre?r
of a
Civil
Court
under
section
60 of the
Code
of
Civil
Procedure,
1908
(,'.\ct
V:of.
??()8)?
may
be
attached and
sold in execution
of
a
certificate
under
this
Act.
l8.
Payment
of
money,
contrary
to
attachment..
to
be
void
:
Where
an
attachment
has
been made in
:,execution
..
of
a
certificate,
..
any
,
pay?
meat
to
the
Certificate-debtor
of
any
debt,
dividend
or other
money,
?·ntra:.y
to
such
attachment,
shall
be void
.
as
against
all
claims.
enforceable
•oodet
the­
attachment.
·
,.
·
··"
19.
Attachment
of
decree
: ,
(1)
The
attachment
.of
a
Civil
Courtdecreefor
the
payment
of
money or
for
the
sale
in
enforcement
of
a
mortgage
orcharge
shall
be
made
by
the -issue
to
the
Civil
Court
of
a
notice
requesting
the
Civil
Court
to
stay
the
execution·
Gf
the
decree­
unless
and
until-
(i)
the
Certicate-officer
cancels
the
notice;
or
(ii)
·
the
Certi:ficate-hclder'odhe
Certificate-debtor
applies
to
the Court
receiving
such notice
to
execute
the
decree.
·
(2)
Where-
a
Civil
Court
receives
an
application
under
clause
(ii)
of
sub-sectiQn:>
'
.
.
.
,·
.
:
;
.
···:····'·;
(1),
it shall, on
the
application
of
the
certificate-holder
or
the
certificate-debtor,
·
..
and
subject
to
the
provision·
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-he
Ider
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.
20;
Purchaser's
title ·:
(l)
Where
property
is
sold in
execution
of .certificate,
there
shall
vest
in
the
purchaser
merely
the
right,
titie
and
interest
of
the
certificate-debtor
at
the
time
of
the
sale,
even
through
the
property
itself be
specified.
(2)
Where
immovable
property
is
sold in.
execution
of'a
certificate,
and
such:
sal?
has
become
absolute,
the
purchaser's
right,
title
and
interest
shall
be-
"
deemed
t,,
have
vested
in
him
from
the
time
.
when
the
property
is
.sc:ld.:
an<L1
not
from
the time"
v/heii
the
iaie
becomes
absolute.

21.
Suit
against
rmrcha.?
net
maintainable
on"
ground
of
'purchase
being
made
on
beaalf
of
plaintiff
:
*"·
(1)
No
suit
shall
be
maintained
against
apy
.:
pbrso?
cl???imt
title
l!ll<!er?
purchase
certified
by
the·
Certiijcate-9fficer i?
such a
mantJer
as,
may
be
pr??d
on: the
gro?d--that
the
purchase
'Vas
made
on
bel\?ffofth?.
pla!?Wf
or
.9?
eehaif
or
some
one
through
whom
the
plaintiff
.
claims,
.
.
(?)
?? m
t?.
a.c:i;tiou.
shalt
bar ,
a
suit:
to
otitain
a
declaratina
that
6e
!:2I!!e
or
any
purchaser
certified
as
aforesaid
was
inserted
iµ tg(?
certificate
?t:-v
or
without
the
consent
of
the
real
purchaser,
or
interfere with
the
?t
er
.-
third'
person'
to
'proceed
a?ainst.
that
property
tlifou?h.
ostensibly
sold
t:
tl!ic
ewtificd
-purchasef
en
the
ground
that
if
is'
liable
to
satisfy.
a
claim
of
l<!c:!i
third
person
against·
the·
real'
owner.
SETTING;
ASIDE
SALE
?.
.
A,?Jicatj9µ
w s?t
Jlsi4?
?fl.l?
of ffllIJJ.OYablc
property
0n
deposit
:
:-ft)·
Where
immovable
property
has'
been sold in
execution
of
certificate,
the
certificate-debtor
or
any
person
whose interests are
affected
by
the
sale,
may,
?t
avx
tim?
wi?JA
th.iJ:ty_d<l-y/}
frp?
thy date
Qfth? ?i;iJ?.
wply
to
tJ:w. A,rt#}caJ?
officer
to
set
aside
the
sale
f!P.
p.j?
p?po?itin.i=-=-
::
-,Ja},
for
p?ymenp?
tli.?
cer:tific.a?hglder,,
theamount
sp.ecifued
in
the
procla­
m;,ttj<;g
ofsaJ?
?S
that
fM tm:
re.g:rv.!'ry
of whiih• the
sale
was,.ordecetl,
·
wjtl,Jc
i11}.?rest
t?f?oo,:.it
the rate
pf ,s?
per
cent
per
annum,
calculated
fFgm,Oie:
?,a.te-,
oft4?
p,,q§l!:lm?.-tim1
of sa!P
·to
the
d:ue,-wben
the
.deposit
is
made;
(b)
for
payment
to·
th!'
pur§bas?r
as
?nalty
a
$um equal.
to
five,
per
cint
.
,
.of
t4v: :pJtrs;Jµis?Nil!:]llyr
put
t).,Q_t ,I?.?$
tbap,.
?n
,rup.e.?.;
?tl-9
f.or>payment
?f
the·
'Deputy'
Commissioner
(where
the
certifi.cate· is
for
a public
demand,
payable
to -the
Deputy
Commissioner),'
such
out:.
standing
charges
due
to
the
Government
under
any
law
for the time
'tt·
:
p?ij]._g··r?'._.:,fQ.r?.::•i-?l
r.t?
?P@ufy
..
:·
·
[email protected]:Sie?f'
..
·-
.e.itifie.s ....
t0:
__
-b?.:pay\a-?le
by
??i:.!fr:,.
Jb?::?f1."tjJ?1.t?d?QWf,,
'
fitl/t'(2f
'Whetd<
i
pe'rsori
·'niiikes
<an
'appiicatfo1;{
unqer
section.
_23
for
setting
:'?side
the
sale
of his
immovable
property,
hd
shall
not,
.
unless he
withdra;s
1?t;dl;P.R?iflJ.ti-oJ?i,1
?e.
.,?mJitl"!f!,
__
tB
???.
f>f
?m?c?t?
:a,n
?:PPli?atioP:
.under
this
iiQ?tion?
·

10
23.
Application
to
S!:it
..
aside sale of
immovable·
propeJJty
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
certifi,cate-clebtor,
of
'?uy
perso?
?hose
interests
are
?ffected
by
the
sale,
may,
at
any
time
.within
sixty
days
from
the
date
of'sale,
apply
to
the
certificate-holder
to
set
.
aside
the
sale
on
.:
the.
ground
.
that
,
notice
.
was
not
served
under
section
6
or
on
the
ground
of
a
material
irregularity
ill
the,
certificate
proceedings
or
in
publishing
>
or
conducting
the.
sale
:-
Provided that-
(a)
no
sale shall be
set
aside
on
any
such
ground
unless the
Certificate­
officer is
satisfied
that
the
applicant
has
sustained
substantial
injurr
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
,Jiabl,e
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.
:14.
Application
to
set
aside
sale
on
ground
that
certificate-debtor had
rio
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
withinsixty
days
from
the
date
of the
sale,
apply
to
•
tho
Certificate-officer
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
aridwherecinthe
case
of
-
an
application
under section
22.
the
deposite
required
by
that
section is
made
j
:within
thirty
days
from
the
date
of the
sale,
,tl1e
Certificate-officer
_shall
make ;?
an
order
setting
aside
the
sale;
.
.
•
.
..
.
..
. .
;,:
j
Provided
that
no
order
shall be
made,
unless
notice
of
file
application
1w-l
been
given
to
all
persons
affected
thereby.
.?:;;

11
16.
Disposal
o.f
proceeds
of
e?ecution
:
.•
(Ii
\Vhen:;.,?;
?ise? ,;;i;
'r??ifri,cl
by
?ale
'or
othe?ise
in·
execution
of
a
cert?'
ficate,
they
shall
be
disposed
of
in
the
following
manner-«
.
,
(a)
there
shall first
be
paid
to
the
certificate-holder
the
coats
incurred
by
him;
(b)
there
shall.
inctne·
rieit
place,
be
paid
.fo
the',certificate-holder
tho
amount
due
to
him under
the
certificate in
execution
of
which
the
'assets
were
realized;
(ct.ifJh;ert,
..•
remain?.·a.·1,a?itllCO
after.,th?e
SU;S
hayc,,l,een
paid,tJ:ie?
sJ:iail
.
:,.·
.:)?;p?isf
to
.the
cex:tili;at?hoi??r-
-.
111,fefr??;any
othe?:
a?ount
..
·
re?oy?z:
·
..
r??J?
µntjer
th?.
pi;oc'?dµ;e
pr<>yi,ct?q'
?y-_tl:tis
A,ct
.
which
may
..
be
due
',t,{hi:\]1-
upon
the
r9?te
upon
which
{he
assets
w,ere;
realised; and
(d)
the balance
(if any) remaining
after
the
paymeritofthe
amountIjf
any)
referred
to
in
clause
(c)
shall be
paid
to
the.
certificate-debtor.
·•)<.(if
..
Jf
Jhe
..
c:etti:ficate-debtor
.
disputes
any,
.clairn
made
by
tho
certificate-holder
1c{xec?j¥t
,iQY
?moun,t-
:xeferi:-eq
,,to
jn
_cia;1se_
(c)
of
sub-section
(1 ),
the'
Certificate-
;
-officer
shall
det??ine
the
dispute.
.
-
'
'
'.
RESISTANCE'
TO
PURCHASER
AFTER
SALE
Application by
purchaser
resisted
or
obstructed
in
obtaining.
possession
of
immovable
property
:
,•,'F
{'l,Yifthe'purchaser
of
any
immovable
propertysold
·
in
execution of
a
certificate
??gistediQi·obstructed'
'by'ari.y
person
in.
obtaining·
possessionofthe.property,
he
??ylpply'
to
the
certificate:.officer.
.
>
(2}
The
Certificate-officer
shall
fix
a
day
for
investigating
the
matter
and
shall
?µinmonthe,party against.whom
the
application,
is
made.to.appear.and.answer
the
'·'····"-
.
,}:pt?e<liir?
.on
such applicati?n
:
Sj,J:.··'//.,:)_\\-1.i /:_:·
-;
:_
·-
-?·>:,
.-
...
_,
-
:-
.
.
:·:.
·:
(l)..Jf,Jhe::Certificate-officoc
is
satisfied
thatthe,t';esistance
or
obstruction
was
ioned
without
any
just
cause
by
the certificate-debtor
or
by
some
person
on
.
J1f.he''sattidirect
that
tho
applicant
?be
pufinto
possession
of
the
property;
·he'applicant
is
still
resisted
or
obstructed
in'
obtaining
pos3ession, the
ate-officer
may
also,
at
the instance
of the
applicant;
'order'' the
certi-
...
,,c;Ia;Hr9rrSH!-=h
other
persc:>nJo
t;>e
detaiged
in
tge
civil
prison
for.a
.term
.
which
·
JlqcJ9tJhirty days.
j>::
IfJhe
Certificate-officer is-
satisfied' that
the
:resistance·
or
obstruction
was
iariodby
any
person
(other
than the
certificate.:.debfor)
claiming·
-
iri
good
f?th

12
to
be in
possession
of
the
property
on
his
9,Wil],-
'-??qun:ti:,?u-?.7'115\?§f>JJ:P-tcSlboq
P.???P.
()?;'r
.t???-
!Ee
<;,er,?n-?l!t?::???te+t,J,h?-??f!jfigg_te_-9!fiqW-l.tag
J::q,1<,?
?:qrder­
dismissing·
the
·
application.
·
·
,,
c,.t,\??.ESJI,
ID?TE?Jk)Af
?MP,?El.:?A..sE
29:
·
Power
to
arrest
and·
detentibn
:
.
.
.
O).
No
order
for
t?earrest?-?d
deteptionin
civil
-:
prison
of
a
certiifoate-debtor
in
executfon
of
a
certµicate
sfr:ilf
_f;e-
"ipad?.
frnless'
the
'Certifiqa_te?mcet'lias
issued'Ci
and-
se?ed·
a_
notice-
upoII
t1=1?
ce???te::debtor,
'calling
u
pofr'
hiirl_t,O
appear
befon;-?
1rim
on_
a
da3:1
t(?_'be specified'·
in'!.
t??
n?tice
·and:
to
.•
S?()W
catise.
w;ij,he
should
not:j
be
committed
-
to
civil
prison
ant!
•·
unless
the
deitificate?tfficer
·
for·
reasons
recorded
,,;
in,
w.ritingl
is-satisfied-.
.
·
"
(a)
thj}
the
Certffi?ate-debtpr,
with
th_e
object
()r
eff?9tof
oJ:>?trucqµg
or·
·4eiayin?the_executio.n.qfthe•·.certi?b.ate?·has;
__
aftefthe
filing
ofthe._ceriificate­
in
the
office
of
the"
Certificate-officer,
dishonestJy
transferred,
:9P?1led;
_9.r
removed
any part
of
his
property;
or
·
··
·
·
(b)
that
the
certificate-debtor
has
or
has
had
since
the
date
of
the
filing
of
the
ce???a!?!\
?ti
ffiWi-JWd?.P:?YJ
tile;
,
a:rqo4nliP.J';
wh,jch
the
certificate­
has been
issued,
or
some
substantial
part
of
such
amount
and
refuses.
or
neglected-to
pay
the
same.
-
,
..
??t\>N%fii:9N,
;,
Jit
Jh?.-
?Jf;y,1??i??r-9.frtl;i,e.,,Ill?P.-?·8f1???tei4?btor'.,
fqr
?4?-1:r!-v;µq?i:;p(tg.i?,sI?a*,
t!i.?f?;?Ht
??
l?;-.9.?-.ols?ROqP,k?AY-PIOJW,1¥1Yrfb.,;?q?."
by
?C
un'dcr'
any
law
Of
CllStOrn
°havi?g the
force
-
.Of;@.W.Jeftfu?:?J??'.b,e,?_ip,J?rRfu.
\
i?.
c;?e_µiP,tedJrom_ ?;t????,I}?-i? ex?qtioo,__ of tl:ip
,?i;!??t.??
·
...
(2:h
·
No.twith:J?!),dittgcany.thing>
cQD.taiJ:¥:.d
, in
sab«ct-ion-fl);.,_a..
w.anraai
for,
:t.-
..
arrest
of
the
certificate-debtor
may
be
issued
by
the
Certificate-officer,
ifcthe·
··
Certificate-officer
is
satisfied
by
affidavit
o_r:o??rwist?
th?t?.
with
tlic;_
9pj?pt
qr
effect of
delaying
the
execution
of
the
certificate,
.
the
..
certincate-d?bt'or.
?
"likely
to·
·abscond·or
leaye
the
IocaHimits'bfthe
jurisdiction
of-the-
Cerfificate..;offi?er
.
.
.
?n:
WJ!Fr?a.l?;!?,t;?FHa_H??
}£.;B,Oii;iPil?Se
jp.;,
99??ee,?
t9i
,ain?fP.?,
i??.JJ;Ci:,\1a?ft?imv?
J:1;:9:d?f1?M?,,;;,$f,S#OB:,1{!1,1iW1
?11-i&fM?pfficer,'.
?¥::.
??ue:'
!-hwwn:g1t'.f Ph
lJi?,3.JT?.Of
..
t.?ie?c?Y54nb!<i>fr.
•
{4)<
Every
person·
arrested·
iri
pursuanfo
·off-a
wartaat·ofarrest
·.issued'-under
sub-section
(2)
or
sub-sectioe
(3),
shall
be
brought
before.the.
Certificate?fncer1lS
;?.PRn?tPf;S!i?ebte,
a_B4,
}?,.
!.Y.¥JY??l
.vyif?J!}Ws:n}yipM-f,.
li,gg,?,pf]*
?-eiit
(
e?lusivec
of,i?htkti.fq-re9'1l¥r??,sr:·-
j_q;;r;Q;t-};.,

13
_
Provided
that,
if
the
certificate-debtor
pays
the:
amount
entered
in
the
warrant
ofarrost
as
due
under
certificate,
and
the
cost
of
arrest,
to
the
officer
arresting
him,
such
officer
shall
at
cnee
release
him.
(5)
When
a
certificate-debtor
appears;
before the
Certificate-officer
in
obedience
to
a
notice
to
show
cause
or
is
brought
before
the
certificate-officer
under sub-section
(4),
tho
Certificate
officer
shall
proceed
to
hear tho
-certificate­
bolder
and
take
all
such
evidence
as
may
be
produced
by
him
in
support
of
his
application
for
execution
aiidshall
then
give
the
certificate debtor
an
opportunity
of
showing
cause
why
heshould'
not
be
committed
to
the
civil
prison.
(6)
Notwithstanding anything
contained
in
the
Criminal
Procedure
Code,
1973,
pending
the
conclusion
of
the
inquiry
under
Sl1b-sectionJ5),.
the
Certificate­
officer
may,
in
his
discretion,
order
the
certificate-debtor
to
be
detained
in
the
custody
of such
officer,·
as
'the
Certificate-officer
may
.thing
fit
.
or
release
him
on
bit
furnishing
security
to
the
satisfaction
of
the Certificate-officer
for
his
appearance
when
required.
(7) Upon
the
conclusion
of
the
inquiry
under
the
sub-section
(5),
the
Certificate-officer
may
subject
to
the
provision
of
section 31
make
an
order
for
the
detention
of·
the certificate-debtor
in
the
civil
prison
and
shall
in
that
event
eause
him
to
be
-arrested,
if
he
is
not
already
under
arrest
:
Provided that
in
order
to
give
the
certificate-debtor
an
opportunity
of
satis­
fying
the
certificate-debt,
the
Certificate-officer
may,
before
making
the
order
of
detention,
leave
the
certificate-debtor in
the
custody
of
the
officer
arresting
him
or of
any
other
officer for
specified
period
not
exceeding
fifteen
days
of
releasing
him
on
furnishing
security
to
the
satisfaction of
the
Certificate-officer
for
his
appearance
at
the
expiration
of
the
specified
period,
if
the
certificate
debt be
not
sooner
satisfied.
(8)
When the
Certificate-officer
does
not
make
on
order of
detention
under sub-section
(7),
he
shall,
if
the
certificate-debtor
is
under
arrest,
his
release.
30.
Release from
arrest
and
re-arrest
:
(1)
The
Deputy
Commissioner
may
order
the:
release of
a
certificate-debtor
who has been
arrested in
execution of
a
certificate,
upon
being
satisfied
that
he
has-disclosed
thewhole of
his
property
and
has
placed
it
at
the
disposal
of
the
Certificate-officer· and
that he
has
not
committed
any
act
or-
bad
faith.
_.
(2)
If the
Certificate-officer
has
ground
for
believing
the
disclosure
made
gy
a
certificate-debtor
under
sub-section
(I)
to
have
been
incorrect,
he
??y
order
the
re-arrest
of
the
certificate-debtor
in
execution
of
the
certificate,
??tthe'
period
-
of
his detention
in
the
civil
prison
shall
not
in
the
aggregate
!:')Xceed
-
that
authorized
by
sub-section
(1)
of
section
31.

14
31.
Detention
in
and release from
prison
·
...
(1) Every
person
detained in tho' civil"
prisbll
in
execution of
a
..
?m9.a?
l'fl'l3:Y
be.
so
detained-
(
a)
where
the
certificate. is for
a
demand
of
an
amount
excc;9di?
one
.theusand
rupees
-
for
a
period
of
three
tnonths,
atjd
(b
).
in.
any
orther
·
case
-
for
a
period
of
six weeks
:
Provided'
that
he
shall
·
be
released
froin
such
..
4etention
-
(i)
on
thc,
aw9µ11t
l;lleqti<;>I!ed
ill
the
..
warrant
for. pj$
detention,
beiqg
paid.
to•the,.offi,,1=er
jµ J;?arge,.of
the,pri?on;
or
(ii)
on.
the
certificate
bein!t.
otherwise
full.
,J?a?fi?d.
or
cancelled
;
.•·
or
(iii)
on
the
tequest
o( the
j,erson
Of any)
on
whose
requisition
?e
certificate
wi?
filed/
orofthe
Deputy
Commissioner;
or
·
(iv)
on
the.
omission.
bY
.
the.
perso?
,(if
any)
on
whose
requisition
the
certificate
W3.$
filed
to-
pay
th!'
subsistence
allowance
fixed
by
tl:J.e
C
ertificate-officer.
.
Provided further
that
he.
shall not
be
released
from
such
detention
under
clause
(ii)
or
clause
(iii)
without
tj:ie
6rdfr
.·
of
the
Certificate-officer.
(2).
A
certificate-debtor
releaseid from detention
under
this
section
shall
not,
merely
by
reason
of
his
release,
be
pi??j:J,arged
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
(I)
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,
(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
pf
health
to
be
detained in
the
civil
prison.
(3)
Where
a
certificate-debtor
has
been commited
to
the civil
prison,
he
may
be
released
therefrom
-
(a) by
the
Deputy
Commissioner,
on
the
ground
of the
existence
of
any
infections
contagious desease,
or
(b)
by
the
Certificate-officer,
pr
the
Deputy
Commissioner
on
the
ground
of the
suffering
from
any
serious
illness.
33.
Prohibition
of
arrest
or
detention
of
minor
and
persons
under
disability :
(l)
Notwithstanding
anything
contained
in
this
Act,
Certificate-officer
shall
not
order
arrest
or
detention
in
civil
prison
of-
(a)
a
minor;
or
(b)
any
person
who,
in his
opinion,
is
of
unsound
mind,
(2).
Whenever
it is
necessary
to
arrest
a
women,
no
such
arrest
shall
be
made
between
sunset
and sunrise.

PART?IV
..
REFERENCE··•
op·.··
CIVJL COURT
Suit in
civil
Court to
have
certificate cancelled
or
modified:
-The
tertificate-debtor·
may,
?(
anr
tirtie
within
six
months-
.,ql
Jrpm
iP.t;
s?zyic"
lJP.J:nt
]J,µn .-9,fthe
J;t,q*e
.i:c;qµir?q
b?10,section.
6, or
·{21
if
he
files,
in
accordance with
section
8,
.a
petitio.n
dMying
liability
from
Jbe x!la.t('gf deteqninatio.:n.
.of. :the
;petition,
.or
ifhe
'appeals,
in
.accordanee
with
section
50
f
tom
an
order
passed
under
section
9-frotu
the
date
of the
decision
of
such
appeal,
bring a
suit in
the
QvU
·.
:?ourt
to
h?Vt?
the
certificate
cancelled
()f
modified,
and
for
any
furthen.
·
conseq:µentiai
relief to
which
he
may
be
entitled:
Provided
that
no
such
suit
slu1ll
be
entertained=-
(
a)
in
any
case,
if
the
certificate-
debtor
ha?
omitted
to
file,
in
accordance
with section
8,
a
petition denying liability,
or
to state
in
his
petition
denying liability
the
ground
upon
which he
claims
to
have
certificate
cancelled
er
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 l
or
Article 2
of·the
Schedule
appended
to
this
Act,
if
the
certificate
debtor
has
not
paid
the amount due
under
the
certificate
to
tho
Certificate-officer;
{i}
within
thirty days
from
the
service of
the
?otice
required
by
section
6,
or
(ii)'
if he
has
filed
in accordance
with
section
8,
a
petition denying
liability-then
within
thirty
days
from
the date
of
determination
of
the
petition, or
(iii)
if
he
has
appealed
in
accordance
with section
50-then
within
thirty
days
from
the decision of
the
appeal.
Provided
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
.?ncl
until
a
.
direction .js
made for
/the
.refut1d
of
the
amount
of
the
purchase-money
w?th.
such
ill?erest
(if
any)
as
the Court
may
allow
not
exceeding
six
per
cent
annum.
jy:?t
Grounds
.
for
Cancellation
gr
modification
of
cectificate
by
civil
court:
\O;)
·
No
eertiflcate
duly
fil?
under
this Act
shall
be
<::anceUe.d
?y
a
Civil
Court
except
on
one.
of the
followings,
gr9;!i;o.cli;,
namely-«

16
(a)
that the
amount
stated
in
the certificate
was
actually
paid
or
discharged
before
the
signing
of
the
certificate;
or
(b)
that
no
part
ofthe stated
in
cegificate
was
due
by
the
certillcate-debtok;
to
the
certificate-holder; or
(e)
that,
i,n the.
case
of
fines
imposerl
or
cost,
charges,
expenses,
damages.]
duties
"or
·•foes
adjusted
by
a
Deputy
.
Commissioner
or
.
a
public
officer:g
·
under
any
·
law
orany
rule
having
the force
of
law,
the
proceedings
ofj
such
Deputy
Commissioner
or
public
officer
were not
in
substantial/
conformity
with the
provisions
ofsuch
law
or
rule,
and
that
in
consequences
the
certificate-debtor
suffered substantial·
injury
from
some
error,
defect
or
irregularity
in
such
proceedings.
(2)
No
certificate
duly
filed
under this
Act shall
be
modified
by
a
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 inthissection
shall
interfere
with tho
ordinary origina]
jurisdiction
of
the Gauhati
High
Court.
36.
Suit
to
recover
possession
of
or
.to
set
aside sale
of
immovable
propert)''
where
notice
of
certificate not
served
:
Notwithstanding anything
herein
before
contained,
a
sale
of
immovable-!
property
in
execution
of
a
certificate
shall
not
be void
on
the
ground
that
th;{:
notice
required
by
section
6
has
not
been
served,
but
a
suit
may
be
brought
fo/i
a
Civil Court
to
recover
the
possession
of
such.
property
or
to
set.aside such
sal?<
on
the
ground
that
such
notice
has
not
bean
served and that
the
plaintiff
haii
sustained substantial
injury by
reason
of
such
irregularity.
Provided
that
D'-
such
suit shall
be
entertained-
(
a)
if
instituted
more.
than
one
year
from
the
date
on
which
possession
ol
the
property
was
delivered
to
be
purchaser,
or
(b)
if
the
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,
or
(c)
if
instituted
after
one
year
from
the
date
of
having
the
fact
of
deliveri.
of
the
property
by
the
plaintiff
in
case
the
fact
of
such
delivery
was
not?
know
to
the
plaintiff.

17
37.
General
Bar
to
jurisdiction
of
Civil
courts,
save
where
fraud
alleged;
&apt
as.
otberwise
expressly
provided
in
this
Act.
every
question
arising
between
the
oertlficate-holder
and
the
certificate-debtor.
or
their
representatives.
relating
to.
tho
making,
cxi,cution.
discharge
or
satisfaction
of
a
certificate
duly
filed
under
this
Act,
or
relating
to
the
eoafirmation 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-officer
before
whom
such
question
arises,
or
ofisuch
other
Cettificate?offi.cer
as
he
mar
determine;
Ptovidtcl
that
a
suit
may
be
brought
in
a
Civil
Court
in
respect
of
any
such
que:stio'i.1
upon
the
ground
of
fraud.
PART-V
38.
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.
39.
Continuance
of
Certificates
:
No
·
certificate
shall
cease
to
be
in force
by
person
of-
(a)
the·
·
property
to
which the
demand relates
ceasing
-to
be
under
the
charge
or
management
of
the
Court
of
Wards
or
Revenue
authorities;
or
(c)
the
death
of
the
certificate-holder."
Procedure
en
Death
of
Certificate-Debtor
:
Where
a
certificate-debtor
dies before
the
certificate
has been
fully satisfied,
certificate-officer
may,
after
serving
upon
tho
legal representative
of the
deceased
a
notice
in the
prescribed
form,
proceed
to
execute the certificate
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
under
section 6
:
Provided 'that.
where
the certificate
is executed
against
such
legal
representative,
he!
shall
be liable
only
to
the
extent
of
the
property
?f
the
deceased
which
has
tome
to
his hands
and
has
not
been
duly
disposed
of;
and for
the
purpose
of'
ascertaining
such
Ifability,
the
Certificate-officer
executing
the
certificate
may,
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.

..
'18
41.
Cancellation
of Certificates
:
(1)
The
Certificate-officer
shall·
cancel
any
certificate
at
the
requeirt
of
the
certificate-holder.
.
(2)
The
Certificate-officer
may
cancel
·
any
certificate
filed"
under
section
i,'
if
the
Certificate-holder
is
not
reasonably
diligent.
42.
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 tho
officer
presiding
and
ho
shall
have
fall
power
to
direct
by
.
whom
and
to
w\}at
extent
such
costs
shall
be
paid.
43.
Compensation
:
If the
Certificate-officer
is
satisfied
that
any
requisition
under
section
4
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.
44.
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
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
after
allowing
a
reasonable
time
.for
her
to
withdraw.
and·
giving
her
reasonable
facility
for
withdrawing,
he
may
enter
sueh
rcom.
for
tho
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
clandesting
removal.

19
general
su
pervisio1,1_
;::
shall,
in
the
perfor-
.
'.
?
"\
A
Ccrtificatc-?fficer
(not
being
Deputy
Commissioners)
-mance
of
their
duties
under
this
Act,
be
subject
.
to
the
and
control
of
the
Deputy
Commissioner.
-48?
Appeal
:
(I)
A?·
appeal
from
'ariy
original
order
made
under
this
Act
sball'lie-
(a)
if
tbe
order
was
made
by
a
CerWicate-officer
not
being
tho
))eputiS.
Commissioner,
to
the
Deputy
Commissioner,
or
(c)
if
the
order
was
made
by
the
Deputy
Commissioner,
to
the
Revenue·
·Commissioner;
Provided
that
that
no
appeal
shall
lie
from
any
order
made
under
Every
Certificate-officer
shall
have
the
powers
of
a
Civil
?ourt
for
the.
purpo>es
of
re<ei'ling
evidence,
administering
oaths,
enfbrciDg
the
·
attendance
or'
witnesses
and
compelling
.
the
production
of
documents.
'47.
Control
Over
Officers
:
?-
Application
of
Act-XVfil
of
1850
:
Every
Certificate-officer
shall,.
in
the
disc?arge
of
his
functioning??j.,
this
Act,
be,
iliemotl
to
""
acting
judi<iMly
wit
bin
the
me'anro,
or
the
11ldicjru
o)licer,
,Piot«tion
Act/1850.
·
·
'
·
·
·
·
'·
-4"6
..
·officers-to
h?ve
Powers
of Civil
Court
-fol'
Certain
purpo?
:
.
.
?
.
-
.?
i.
..
'.·.
section
22-
(2)
Every
appeal
under
sub-section
(I)
shall
be
prasented,
in
case
of
clause(a):
within
fifteen
days
or
in
case
of
clause
(b)
within
thirty
days,
from
the
date
of order
(3)
Pending
the
decision
of
any
appeal,
execution
may
be
stayed,
if
the
appellate
authority
so
directs,
but
not
oth.::rwise.
49.
Bar
to
Second
Appeals
:
No
appeal
shall
lie
from
any
order
passed
on
appeal
under
section
48.
50.
Revision
:
(1)
_
Any
order
passed
by
a
Certificate-Officer
other
than
Deputy
Commi-
ssioner
may
be
revised
by
the
Deputy
Commissioner
and
the
Revenue
Commi-'
·ssioner
may
revise
any
order
passed
by
a
Deputy
Commissioner
under
this
Act.
(2}
The
period
of
limitation
for
an
application
for
revision
under
this
section
shall
be
thirty
days
from
the
date
of
the
order
of
revision
whereof
is
applied
for
excluding
the
time
occupied
in
obtaining
a
copy
of
the
order
;
Provided
that
such
an·
application
for
revision.
may
be
admited
after
the
\period
aforesaid,
if
the
·
applicant
satisfies
the Deputy
Commissioner
or
the
i?yenue'
Commissioner,
as
the
case
may
be,
that
he
has
sufficient
cause
for
;,n<>t
making
the
application
within
the
.period.

51.
Review
:
Any
order
passed
under
tliis
Act
may.after
notice
to
all
.
.persons.interesteq.,.
be
reviewed
by
the
officer
who
made
the
order
or
by
his
-successor
in
ofiice,,
on
account
of
mistake
or
error
either
in
tae
making
of
the
certificate
or
In.
the
course
of
any
pfi:kee?irl.g
und'er
th.IS
Act
52.
Saving
of
other
Acts:
The
powers given
by
.this
Act
·shall
tie
'tieemecl
to be
in
addition
to,
and
not
in
derogation
from,
any
powers conferred
by
any
other
Act now in
force·
for
the
recovery
of
any due,
debt
or
demand
to
which
the
provisions
of
this.
Act
a:te
a:pp'ffoa:Me·;
a:o:i:I,
·ext'l:'p't Where
'expre'Sslf so
provided,
no
ieg:il
remedy
tltalr
M aff
ec'tt"ii
by
·
this
Act.
53.
Application
of
the
Indian
Limitation
Act, 1963
:
The
provisions of
the
Limitation
Act,
1963,
except
sections
6
to
9,
.shall
apply to
all
orocee.lings under
this
Act, as
.i(
a
certificate
filed
hereunder
were·
a
decree
of
a
tivil
'Coult.
:54.
Certificate-Officer
Deemed
To be
a
Court
A
Certificate-officer
shall
be
deemed
to
be
a
Court
and
any
pmcooding.
'
before
h

Excerpt shown. Open the full act in Lexace.

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