The Odisha Public Demands Recovery Act, 1962

 
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The Orissa Public Demands Recovery Act, 1962 
 
Act 1 of 1963 
 
 
 
 
 
 
 
 
Keyword(s): 
Arrear, Certificate-Debtor, Certificate-Holder, Certificate Officer, Movable 
Property, Public Demand, Revenue Divisional Commissioner 
 
Amendment appended: 15 of 1998
 
THE ORISSA PUBLIC DEMANDS RECOVERY 
ACT, 1962 
CONTENTS 
PR~AMBLB 
SECTIONS 
1. Short title, extent and commencement 
2. Dehitions 
3. Filing of certificate for public demands pajgble to - Collector 
4. Requisition of certificate in other CAWS 
5; Filing of certificate on requisition 
6. Service of notice and copy or ~rtificate on certi6catcdebtor 
7. Effect of serviw of notice of certificate 
8. Filing of petition denying liability 
9. Hearing and deiermining of such petition 
10. Power to amend oerti-ficate by addition! omission or substitution of parties 
11. Who may execute certificate 
12. Tmnsmission of certificate to another Cerfificate O5cer for exextion 
13. When certificate may be executed 
14. Interest, costs and charges rccaverable 
IS. Modes of execution 
16. Special mode of recovery 
17. Property liable to attachment and sale in exkution of a cxrtiflcale 
18. Partial exemption of agricultural produce 
19. Payment of moneys, contrary to attachment, t6 be void 
20. Investigation by Certificate Officer 
21. Evidence to be adduced 
22. Release of property from atlachment or sale 
23. Disaltowaace of claim to propzm attached 
24. Savlng of suits to establish right to &ed prom 
~EOTIONS 
23. Purchaser's tide 
26. Suit against purchaser not mainlainable on ground of purchase being on behalf 
of plaintiE. 
27. Application to set aside sale of immovable property on deposit 
28. Application to set aside sale of immovabIe property on ground of non-service 
of notice or irregularity. 
29. Application to set aside sale on ground that certificate-dcbtor had no saleable 
inkrest or that property did not exist. 
30. Sale when to become absolute or be sct aside 
31. Disposal of proceeds of executioa 
32. Application by purchaser resisled or obstru:ted in obtaining posscssion of imme 
vablc property. 
33. Procedure on auch application 
34. Diqpossession by purchaser 
35. Bona fide claimant to be restored to posscssion 
36. Orders ~onclusive subject Lo suit in a Civil Gur~ 
37. Pmvcr of arrest and detention 
38. Release from arrcst and re-arrest 
39. Detention in and release from prison 
40. Rcleasc on ground of ilIness 
41. Prohibition of arrest or delentiori of women and persons under disability 
42. Suit in Civil Court to have ccr~ificale cancelled or modi6cd 
43. Grounds for cancellation or modifi~ltion ol certificate by Civil Court. 
44. Suit to rccover posscssion of, or to set aside sale of immovable property where 
notice of certificate not served. . 
45. General bar to jurisdiction oF Civil Cburts, save where fraud alleged 
46. Effect OF rules in Schedulc 11 
47. Power of Board of Revenue LO make rules as to proadure 
48. Publication and effect of rules made under section 47 
49. Persons under disability 
50. Continuanct of certificates 
51. Rdwo on death of certificabdebtor 
52. Cancellation of wrti6care 
53. Costs 
54. Compensation 
55. ~estitulion coosequent on reversal or modification of order 
56. Entry into dwelling house 
57. Application ot Act 18 of 1'850 
58. Officers to have powers or Civil Court for certain purpose3 
59 Control over Of6cers 
60. Appeal 
61, Revision 
62. Rcview 
63. -Saving of other Acts 
64. Application of thc Indian Lirniration Act, 1908 
65. Certi6cate Officer deemed to 'be a Court 
66. Penalties 
6% Liability pf perroo in crlstady of ~rtacbcd mcrnblr Gropcrly 
68. Signature of documents by Ministerizl Oficer: 
69. Repeal 
70. Savings 
SCHEDULE 1 
SCHEDULE I1 
'llHE ORISSA PUBLIC DEMANDS RECOVERY 
ACT, 19621 
[Received the msent of the President on ihe 25th 
Ja~uary 1963, first published in an extraordir lar y 
issue-of ihe Orissa Gazette, hied the 8th 
February 19631 
AN ACT TO CONSOLIDATE AND AMEND THE LAW RELATING 
TO THE RECOVERY OF PIJBLIC DEMANDS 
IN STATE OF ORNA 
Be it enacted by the Legislature of the State of Orissa 
in the Thirteenth Year of the Republic of India, as 
f0Uows: - 
CHAPTER I 
1. (I) This Act may be called the Orissa Public 2;zttii3 
Demands Recovery Act, 1962. CO~M~~CC- 
men t . 
(2) It shall extend to the whole of the State of 
Orissa. 
(3) It shall come into ford on such date as the 
State Government may, by notification, appoint. 
2. In this Act, udess the context otherwise ~~~tr~~ 
reqGe9,- 
(a) "arrear" shall include the whole or part of 
an instahent, if any, in respect of a public 
demand which is not paid on or before the 
due date for payment of such iatalment ; 
I. For the Slatement of O.bi*cts and Reasons, sae Orf~sa G~ZC~IC  EX^- 
ordinayj, datcd rhoith March 1962 ( NO. 133) and for ~c~~ridf ScIar 
Comm~ttcc, see Ibld., daPd Ihe 11th August 1962 ( No. 402). 
2. Came into force with dtcl from rhe 1st Juns 1964-vide Notsation 
N~. 291 1&-YICT471M-R., dated the 5th May I9M, ~ublishd in oraa 
G~:er,e, Exuaordmary, dnttd the 11th May 1961 ( No. 778 ). 
532 THB ORISSA PUBLIC DEMANDS RECOYERL' ACT, 1962 [ Or. Act I 
(Sec. 3) 
(6) "certificate-debtor" means the person named 
as debtor in a certificate fled udder this 
Act, and includes any person whose name 
is substituted or added as debtor by the 
Certifr~~te Ofher; 
(c) "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 ; 
(6) "CertifiCate Oficer" means a Collector, a 
Subdivisional Officer, 'and any ofice1 
appointed by a Collector, with the sanction 
of the Revenue Divisional Commissioner, 
to perform the functions of a Certificate 
Oflicer under this Act; 
(e) "movable property" includes growing crops ; 
Cf) "prescribed" means prescribed by rules made 
under this Act ; 
(g) "public' demand'' means , any arrear 
or money specified in ScheduIe T, and 
includes any interest which may, by law, 
be chargeable thereon up to the date on 
which a certificate is signed under Chapter 
TT . 
(h) "Revenue Divisional Commissioner" 
meaos the Revenue Divisional Commis- 
sioner appointed under the Orissa Revenue oriaa 19 
Divjsional Commissioners Act, 1957 ; and or 1957. 
(i) "rules" and "forms" mean the rules and 
forms Contained in Schedule 11 or made 
under section 47. 
p~~ing 01 3. When the Certificate Officer is satisfied that 
cc*tiscars for public any public demand payable to the Collector is due, 
dtmanas he may sign a certificate in.the prescribed form, stating 
payable to that the demand is due and .shall cause' the certscate Collcc~, 
to be fled in his oflice. 
4. (1) When any public demand payable to any F;;ri;;,;zo 
person other than the Collector is due, such person u~l~er 
may send to the Certi6clte Officer a writ ten requisi- CaxS. 
tion in the prescribed form. 
(2) Ewy such requisitior~ s ha11 be sigtled . and 
vcrlfiecl ill ti-ii: prescribed manner, and cxcept in such 
cases as may be prescribed. s11all be dlargeable with 
n fcc of* the arnou~?t -vvhicll i:.ouId be payablc under the 
70ii~7(r Cour-[-fees Act, 1870, ill rospect OF a plaint For the 
recovery of a sLiil\ or rn~:~cy equal to tbai stated in the 
I-equisit~on as bclng due. 
(3) If rrfiec issue of n rtquisition under this sectior~ 
any prlymcnt to\vnrds. 01. adjustment of or rtduciioi~ 
in the certiiicnt~ dues js made it shall be the duty of 
the Req uisitio n~ng Officer to intimate the Certificate 
Ofticel, as soon as possible, such payment, adjust~ne~lt, 
or reduction as the case may be. 
5. On reccipt of any such requisitioll, the Certi- Fili[ls or 
ficate Oficer, if he is satisfied that the demand is r:::[ii:- recoverriblt: and that recovery by suit is not bat-red by lion. 
law, may sign a certificate, in the prescribed io11-11, 
stating that the dcmatld is due; artd shall includc in 
the cerrificate the fee, if any, p:rid under su h-t;-;ction 
(2) ofsection 4 and si~aIl cnusc !he certificatc 9 bc 
filed jn his office. 
6. Whcn a certificate has been filed in the ollice of5 crvicc L: 
IIC~I~~C atid 
a Certificate Oficer under section 3 or sectior~ 5, he,,:,l. .i 
shall cause to be se~~vzd upon tIlc certificate-dzbtor, c-url;:,i.:rc Pn L,:.-! \:lC.liC 
in the prcscrib:d :nan:lcr, a notice in the pc~scribi~i ,,,,,,, 
form and a cop), of the certificate. 
7. From and after illc service of IIOL~C~ ~i' ally E~~CLI , i 
St:$ irt 1-I 
certificate under sxtion 6 upon a certificate-dci~tor--~~,~~:, ,, 
ftr(il~c;flt. 
(cr) any privalc transfer 01' deli\lei-y of' :t11:; or his 
i [nmovablt: propcr.ty si tuatcd, :he ({is tric~, 
or ill i!~e cxe OF a rcvet~ue-pay!l~g c:s:,atc, 
burnc o;~ i!le rzvenue roll 0:' tllc d~s:l-ic! in 
which :!is ceriiiicntc is file< cl;' L: ' ill?: .;I- 
terest in iinV si~h propl:~-r>*. S!?> I: !3c L~UIC~ 
against any clzim en;brccii:tle i;- ; ..a::-c;~:ic:l: 
1 
of the certificate; and 
574 THE ORISSA PUBLIC DJWANDS RECOVERY ACT, 1962 [ Or. Act I 
(b) the amount due' from time to time in 
respect df the certificate - shall be a charge 
upon such property, to, which every other 
charge created subseqcently to, the service 
of the said notice shall be postponed: 
Provided that the Certificate Officer may, at any 
time for reasons to be recorded ,in writing dkct ' an 
attachment of the whole or any part of the immovable 
properties belonging to the certificate-debtor. 
Fikg of 8. (1) The certificate-debtor may, within thirty 
p-titin days from the service of the notice required by section 
dcnyng liablli~y. 6 or where the notice has not been duly served, then 
within thirty days from the execution of'any process 
for enforcing the certificate, present to the Certificate 
Officer in whose office the certificate is filedpor 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 only on 
the ground that- 
(a) the certificate dues have been fully or partly 
paid; or 
(b) the person on whom such notice has been 
served is not the person named as certifi- 
cate-debtor in the certificate: 
Provided that a cerihcate-debtor in respect of 
dues other &an those in relation to which the liability 
under any law for the time being in force is not open 
to questionin a Civil Court may also deny ,his liability 
on any other ground: 
I [Provided further that no petition under this 
sub-sectJon shall be entertained by a Certificate 
Ofbcer unless he is satisfied that such amount of the certificate dues as thc certificate-debtor may admit to 
be due from him has been paid]. 
(2) If any such petition is presented to a Certificate 
Oficer other than the Certificate Officer in whose office 
the original certificate is filed, it shaIl be sent to the 
latter oficer for disrlosal. 
Hearing and 
dctermihg 9. The Certificate Oficer in whose ofice the 
original certificate is filed may after hearing the petition pftitiw. 
and taking evidence if necessary confirm, set aside, 
modify or vary the certificate as he deems fit. 
1. Xnscrlcd by thc Oriw Public Dcmands Rccovcry (Amendment) 
Act, 1975 (Or. Act 49 or 1375), S. 2 
10. Subject to the law of limitation, the Certi- r;g;to 
ficate Officer may at any time and shall upon receipt anigcak 
of intimation, if any, under sub-section (3) of section 4 by omission addition, or 
amend the certificate by addition, omission, or subs- subslitulion 
titution of the name of any certificate-holder or certi- orpc"w, 
ficate-debtor, or by alteration of the amount claimed 
therein, as the case may be: 
Provided that when any such amendment is made 
a fresh notice and copy sha1I be issued as provided 
in sedion 6. 
CHAPTER 111 
11. A certificate filed under section 3 or sectionwho mar 
5 may be executed by- execute 
ctrtifica~e, 
(a) the Certificate Officer in whose office the 
original certificate is filed, or 
(b) the Certihcate Officer to whom a copy of 
the certificate is sent for execution under 
sub-section (I) of section 12. 
12. (I) A Certificate Officer in whose ofice, a Transmission 
certificate is filed may send a copy thereof for execu- ;:~;;P,FC 
tion, to any other Cert jficate Officer [ * ccriificarc 
* * * * - Oficer for 
* 1 execuiion. 
(2) When a copy of a certificate is sent to any such 
otlicer , he shall cause it to be filed in his office, and 
thereupon the provisions of section 7 wirh respect to 
certikates filed in the ofice of a Certificate Officer 
shall apply as if such copy were an original certificate: 
Provided that it shall not be necessary to serve a 
second notice and copy under section 6. 
13. No step in executioll of a certificate shall be w,,,, ccrii. 
take11 until the period of thirty days has elapsed since ficnlc n1a.u 
the date of the service of notice required by sections bc cxccu~cd. 
6 and 10 or, when a petition has been duIy filed under 
section 8, until such petition has been heard and deter- 
mined : 
-- 
1 omitlid by the Orissa Public Dcmands Rccovcry (Amcodmcnl) 
Act, 1975 (Or. Act 49 of 19751, S. 3. 
576 T-.: ORISSA PUBLIC D'E~UNDS RECOVERY ACT, 1962 Or. Act I 
Provided that where the whole or any part of the 
movable property of the certificate-debtor is liable 
to atthchment under this Act, the Certificate Oficer 
may, at any time for reasons to be recorded i~t writing 
direct an attachment of the whole or any part of such 
movabIe property. 
Inttrcst, 14. There shall be recoverabIe, in the proceedings 
coats and 
CI~UT~CS in execution of every certificate filed under this Act-. 
rccovcrabfc. 
(a) interest upon the public demand- to which 
the certificate reIates, at the rate of '[ tivclve 
and a half per cent unli per annum from the 
date of the signing of the certificate lip to 
the date of realisation: 
Provided that in cases \ilI~ere the Certificate Officer 
is satisfied that the certificate-debtor has made default 
in payment of the dues wilfuIIy and wirllout reasonable 
cause such interest may be charged at a rate not escecd- 
ing, z[fifteen per centurn] per annuin; 
(b) such costs as are directed to be paid mlder 
section 53; and 
(c) all charges incurred in rc'spcct of- 
(i) the service of   lot ice under scc tion 6 alld 
of warrants and other processes ;~l?d 
(ii) all other proceedings taken for real isin3 
the demand: 
15. Subject to such conditio~ls and limitations as 
Madc3 of may be prescribed a Certificate Ofiocr may order Oxccutigo. execution of a certificate- 
(a) by attachment and sale, if necessary, of 
any property or in the case of irni~zovabl~ 
property by sale without previous attach- 
ment ; or 
(b) by arresting the certificate-debtor arid detain- 
ing him in the civiI prison; or - -- --- 1. Subriitutcd by thc Orissa P1:blic Demands Rccovcry {Amcodmont) 
~ct, 1975 (Or. Act 49 of 197% s- 4 (a! 
- Zr Substitu~cd by ibid., S. 4 (6). 
(c) by both of-the methods mentioned in clauses 
(a) and (b). 
Explnr7utioll-The Certificate 0 ficer may, in 
his discretion, refuse execution at the same time against 
the person and property of the cci-tificate-debtor. 
16. (1) Notwithstanding anything contained in~pcciairr~odo 
any other larv or contract to thc contrary, tI~eCerti-~~ "cO'"y. 
ficate Officer may at any time or from time-to time, 
by notice in writing, a copy of which shall be lb~.warded 
to the certificate-debtor at his last address k~zown to 
the Certificate Officer, require- 
(a) any person from whom any money is due or 
may become due to the certificate-debtor; or 
(b) any person who holds or may- subsequently 
hold any money for or on accou t~t of the 
certificate-debtor, 
to pay to the Certificate Oficer either forthwith 
or upon the money becoming due or being held or at 
or within the time specified in the notice (not being 
before the money becomes due or is held) so much of 
the money as is sufficient 10 pay the amount 
due in respect of e certificate or the wflole 
of the money when it is equal to or less than such 
amount. 
(2) Where a persoll on \-vhorn a notice is served 
under sub-section (1 ) proves to the satisfaction 
of the Certificate Oficer that the lnoney 
demanded or any part thereof was not due to the 
certificate-debt~r or that he did not hold any money 
for or on account of the certificate-debtor at the tilne 
the notice was served on him, nor is the money demand- 
ed or any part thereof likely to become due to the 
certificate-debtor or be held for or on account of the 
certificate-debt~r nothins contained in this section 
be deemed to require such person to pay such money 
or part thereof to the Certificate Oficer. 
572 THE ORISSA PUBLIC DEMANDS RECOVERY ACT, 1962 1 Or. Act 1 
(3) The Certificate Officer may, at any time or 
from time to time, amend or revoke any such notice 
or extend the time for making any payment in pursu- 
ance of the notice, 
(43 The Certscate Officer shall grant a receipt 
for any amount paid in compliance with notice issued 
under sub-section (I) and the person making such 
payment shall be deemed to have made the payment 
ul~der the authority of the certificate-debtor and the 
receipt granted by the Certificate OEcer shaII con- 
stitute a good and sufficient discharge of the Iiability 
or' such person to the certificate-debtor to the extent 
of the amount specified in the receipt. 
(5) Any person discharging any liability to the 
certificate-debtor after service on him of the notice 
issued under sub-section (1) shall, if the 1iabiIity is 
discharged in any manner other than that required 
in the said notice be personally liable to the Certifimte 
Officer to the extent of the liability so discharged or to 
the extent of the liability of the certificate-debtor, 
whichever is less. 
(G) Any amount of money which a person is 
required -to pay under sub-section (I) or for which he 
is personally liable to the Certificate Officer under 
sub-sectin11 (5) shall, if it remains unpaid, be recover- 
:tblc as a public demand under this Act. 
(7) Nothing in this section shall operate to 
effect any action that may have been taken or prevent 
any action that may be or is being taken under the 
other .provisions of this Act for recovery of the dues 
in respect of the certificate from the certificate-debtor. 
Attachment 
pr.l~lsrry 17. Property Iia bIe to attachment and sale in execu- 
lizbicto tio1~ofadecreeof'aCivilCourtundersection60ofthe :~ir:~sl~rncnt 
ZII~ jn Code of CiviI Procedure, I908 may be attached and5 011908 
cxcculiou or sold in execution of a certificate under this Act. n icrlificnle. 
Par~inl 18. The State Government may, by general or 
cxcn~!l[ipn 01 S~ZC~X~ order pubIished in the Gazette, declare that 
nyri;ultural 
,,,,,, such portion OF agricultural produce, or of any class 
of agricultural produce as may appear to the State 
Government to be necessary for the purpose of provid- 
ing until the next harvest for the due cultivation of the 
land and for the support of the cerlificate-debtor and 
his famiIy shall, in the case of all. agriculturists or of 
any class of agriculturists, be exempted from 
liability to attachment or sale in execution of a 
certificate. 
19. Where an attachment has been made in execu- of tion of a certificate, any payment to the certificate- rnoncy 
debtor of any debt, dividend or other money, contrary :,yc~m=O,,,, 
to such attachment, shall be void as against all claims to void. 
enforceable under the attachment. 
ltil~esiigation of c/ai/ns nnd objecliorrs 
20. (1) Where any claim is preferred to or any rnv~tigati~~ 
pbjectiou is made to the attachment or saIe of, any by CerrP- care OfGcer. property in execution of a certificate on the ground 
that such property is not liable to such attachment or 
sale, the Certihcate Officer shall proceed to investigate 
the cIairn or objection: 
Provided that no such investigation shaIl be made 
where the Cert5cate Oficer considers that the claim 
or object ion was designedIy or unnecessariiy delayed. 
(2) Where the property to which the claim or 
objection applies has been advertised for sale, the 
Certificate Officer ordering the sale may postpone it 
pending the investigation of the claim or objection. 
21. The claimant or objector must adduce evidence Evidence to 
to show that- be adduced. 
(a) in the case of immovable property at the 
date of the service of the notice under 
section 6,or 
(b) in the case of inoveable property at the date 
of attachment , 
he had some interest in, or was possessed of. 
the property attached. 
580 me O~rssh PUBLIC DEMANDS B.ECOVERY ACT, 1962 1 Or. Act I 
Rclcnsc OP 22. Where upon the said investigation, the 
v'OPor'Y L~~OI~ Certificate Oficer is satisfied that fcr the reason stated 
oiizchmcnQ in the clajln or objection, such property was not,- 
or snle. 
(a) in the case of immovabIe property at the 
date of the service of the notice under 
section 6, or 
(b) in the case of movable property at the 
date of the attachment, 
in the possession of the certificate-debtor or of some 
person in trust foi' him or in the occupancy of a tenant 
or otllel. persoil paying rent to him, or that, being 
in the possession of the certificate-debtor at the said 
date it was so in kis possession, not on his own 
account or as IUS own property but on account of or in 
trust for some other person, or partIy on his om 
account and partly on account of some other person, 
the Certificate Officer sllall make an order rele2sing 
the property, wholly or to sucfl extcnt as he thinks fit, 
from attachment or sale. 
uis3,,oxvancc 23. Where the Certificate Oficer is satisfied that 
or claim to the property was, at the said date, in the possession of provcrw 
atlached, the certificate-debt.or as his own property and not on 
accourlt of any other person, or was in the possession 
of some other person in trust for him, or in the 
occupancy of a tenant or other Rerson paying rent to 
him the Certificate Officer shall disallow the claim. 
Snvinr of 24. Where a claim or an objection is preferred, 
iuits ;i, the party against whom an order is made may insti- 
establish tute a suit in a Civil Court to establish the right which right to 
atracllcd he claims to the property in dispute, but, subject 
~ropcrty, to the result of such suit, if any, the order shall bc 
conc1usive. 
Sale 
Purchaser's 25. (1) Where property is sold in execution of 
r itlc. a certi5cate there shall vest in the purchaser merely 
the right, title and interest of tb~ ce!-tificnte-debtor 
at the time of the sale, even though 111~ property itself 
be specified. 
(Sec. 26) 
(2) Where immovabIe property js sold in execu- 
tion of a certificate, and such sale has become abso- 
lute, the purchaser's right, titIe and interest shal: be 
deemed to have vested in 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 (]), in areas in which Chapter XVI of the 
8. & 0. AC~ Orissa Tenancy Act, 191 3, is in force, where a tenure 
Or 1913- or holding is sold in execution of a certihcate for 
arrears of rent due in respect thereof, the tenure or 
holding shall, subject to the .provisions of section 26 of 
the said Act, pass to the purchaser, subject to the 
interests defined in the said Chapter as "protected 
interests" 6ut with power to annul the interests 
defined in the said Chapter as "incumbrances": 
Provided as follows :-- 
(i) a registered and notified incumbrance within 
the meaning of the said Chapter shaU 
be so annulIed except in the case men- 
tioned therein ; and 
(ii) the power to annul shall be exercisable 
only in' the manner directed under that 
Chapter. 
(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. 
26. (1) No suit shalI be maintained, against any suit awinst 
person claiming title under a purchase certified by ~~~~~~~ 
the Certificate Okcer in such manner as may be tainablc on . .., 
prescribed, on the ground that the purchase- was pound purchasc or I '. - 
made on behalf of the plaintiff or on behalf of somebeingon 
one through whom the plaintiff claims. bchalr of 
plaintiff. 
(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 pur- 
chaser, or interfere with the right of a third person 
582 - Tm ORISSA PUBLIC DEMANDS RECOVERY ACT, 1962 [Or. Act I 
to proceed against that property, though ostensibly 
sold to the certified purchaser, on the ground that 
it .is liable to satisfy a cIaim of such third person 
against the real owner. 
Setting aside sale 
Application 
to set asidc 27. (I) Where immovable property has been sold 
sale of in execution of a certificate, the certificate-debtor, 
or any person whose interests are affected by the sale, property on 
deppsir. may at any time within thirty days fcom the date 
of,the sale, apply to the Certifiate Oficer to set aside 
the sale, on his depositihg- 
(a) for payment to the certificate-holder, the 
amount specified in the proclamation of 
sale for the 'recovery of. which the sale 
was ordered,. with interest thereon dt 
the rate of six and a. quarter per. centurn 
per .annum, calculated frain the. date of 
the sale to the date when the deposit is 
made; 
(b) for payment to the purchaser, as penalty, 
a sum equal -to five per cent of the pur- 
chase money but not less than one rupee; 
and 
(c) for payment to the Collector (where the 
certificate is for a public demand payable 
to the Collector), such outstanding charges 
due to Government under any law for 
the time being in force as the Collector 
certifies to be payable by the certificate 
debtor. 
(2) ,Where a person makes an application under 
section 28 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. 
Application 
to set aside 28. (1) Where immovable property has been sold 
sale of - in execution of a certificate, the certificate-holder, 
LT;;:~'; the certificate-debtor, or any person whose interests 
wound or are affected by the sale, may, -at any time within sixty 
non-servicre- days from the date of the sale, apply to the Certi- of notice or 
irregularily. ficate Officer to set aside the sale, on the ground that 
notice was not served under section 6 or on the ground 
of a material irregularity in the certificate proceed- 
-ings or in publishing or conducting the sale : 
Provided that- 
(a) no sale shall be set aside on the ground of 
any such material irregularity unless the 
Certificate Officer is satisfied that the 
applicant has sustained substantial injury 
thereby ; and 
(b) in the case of an application by the certi- 
ficate-debtor the Certificate Oficer, shall, 
before passing ' an order. setting aside a 
sale under this section, require him to 
pay the amount actually found due from 
him. 
(2) Notwithstanding anything contained' in sub- 
section (I) the Certifidate Officer may entertain an 
application made after the expiry of sixty days from 
the date of the sale if he is satided that there are 
reasonable grounds for so doing. 
29. The purchaser at any sale of immoyable ~~~Iicatipn 
property in execution of a certificate may, at any 
to sel a~do 
sale on the 
time within sixty days from the date of the sale, apply lhat 
cerli6cato- to the Certificate Ofhcer to set aside the sale on thed cbtor had 
ground that the certificate-debtor had no saleable no salable interost or jilterest in the property sold, or that the propertythatprq- 
did not exist at the time of the sale, or that the pur :cM,; 
chaser has suffered substantial injury owing to any 
misdescription in the sale proclamation of the interest 
of the certificate-debtor in the property sold. 
30. (1) Where no application is rilade under %la when to 
section 27, 28 or 29 or whe're such an application is bscorne absoluw or made and disallowed, the Certificate Officer shall sot aide. 
ma.ke an order confirming the sale, and there- 
upon the sale shall, subject to the provisions of sub- 
section (2) of section 28, became absoIute. 
U) Where such an application -is made and 
aIIowed, and where in the case of an application under 
section' 27, the deposit required by that section is 
made within thirty days from the date of the sale, 
the Certificate Officer shall make an order setting 
aside the sale : I 
584 THE ORISS~ PUBLIC DEMANDS RECOVERY ACT, 1962 [Ori Act I 
Provided that no order shall be made unless 
notice of the application has been given to all persons 
affected thereby. 
Disposal of Proceeds of Execution 
D~s~Ds~ of 
procccds of 31. (1) Whenever assets are realised, by sale 
execution. or otherwise in execution of a certificate, they shall 
be disposed of in the following manner, namely- 
(a) there shaII be paid to the certiiicate-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 realised ; 
(c) if tbere remains a balance after these sums 
have been paid; there shall be paid to the 
certificate-holder therefrom 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 realised ; and 
(4 the balance, if any, remaining after tbc 
payment of the amouqt, if any, referred 
to in clause (c) shall be paid to the certi- 
ficate-debtor. 
(2) If the certificate-debtor disputes any claim 
made by the certificate-hoIder to receive any amount 
referred to in cIause (c), the Certificate Officer shall 
determine the dispute. 
Application 
by purchaser 32. (1) If the purchaser of any immovable. pro- 
fesistcd or perty sold in execution of a certificate is resisted or 
ohstru~tod in obstructed by any person in obtaining possession obtalntng 
pass~r~inof0f the property, he may apply to the Certificate Officer. 
immovable 
property. 
(2) The - Certificate O6cer shall fix a day for 
investigating the matter, and shall- summon the party 
against whom the adplication is made to appear and 
answer the same. 
33. (I) If the Certificate Officer is satisfied that Pruxdurc on 
the resistance or o bs tructiljil was occasioned without :;:, a~p'ic" 
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 his property ; and, if the 
appl~cant is stiI1 resisted or obstructed in obtaining 
possession, the Certificate Officer may also, at the 
instance of the applicant, order the certificate-deb tor 
or such other person to be detained in the civil prison 
for a term which may. extend to thirty days. 
(2) If the Certificate Officer 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 Officer 
shall make an order dismissing the appIication. 
1sp0sscs- 34. (1) Where any person, other than the certi- D' 
sron by ficate-debtor, is dispossessed by the purchaser of immo- ,,,,,,,,, 
vabIe property which has been sold in execution of . 
a certificate he may make an application to the Certi- 
ficate Officer complaining of such dispossession. 
(2) The Certificate Officer shall thereupon fix 
a day for investigating the matter and shaIl summon 
the party against whom the application is made to 
appear and answer the same. 
35. Where the Certificate Officer is satisfied that Boy lFdF --. 
. .. 
the applicant was in possession of the. property o-n claimant to . . bo rcFtored 
his ow11 account or on account of some person other to, POSSC- 
than the certscate-debtor, he shall direct that thess''" 
applicant be put into possession of the property. 
36. Any person, not being a certificate-debtor. ordcrs ' 
against whom an order is made under section 35 ;;$::k 
or sub-section (2) of section 33 may institute a suit suit in a 
in a Civil Court to establish the right which Iic claims Civil Court- 
to the present possession of the property ; but subject 
, ., . 
. . 
to the result of such suit, if any, the order shaIl be 
conclusive. 
Arrest, detention and refease 
37. (I) No order for the arrest and detenti(?n Powcr or 
in civil prison of a certificate-debtor in execution detontion. arrest and 
of a certificate shall be made unless the 
Certificate Officer has issued artd served a 
notice upon the certificate-debtor calling upon 
' , him to appear beforc llim on a day to be specified 
in the notice and to show cause why he should not 
be committed to civil prison, and unless the Certi- 
ficate Officer, for reasons recorded' in writing, is sat is- 
fied- 
(a) that the certificate-debtor, with the object 
or effect of obstructi~~g or delaying the 
execution of the certificate has, after the 
filing of the certificate in the office of 
Certificate Officer, dishonestly transferred, 
conceaIed, or removed any part of his 
property ; or 
(6) that the certificate-debtor has or had since 
the date of the filing of the certificate, 
the mea-ns to pay the amount for which 
the certificate has been issued, or some 
substantial part of such amount and refuses 
or neglects or has refused or neglected 
to pay the same. 
Explnnntion-In the calculation of the means 
of the certificate-debtor for the purpose 
of this clause there shall be left out of 
account any property which, by or under 
any law or custom having the force of 
I2w for the time Seing in force, is exempt 
from attachment. in execution of the 
certificate. 
(2) Notwithstanding a~ything contained .in sub- 
section (I), if the Certificate Officer is satisfied- 
(a) that the property of the certificate-debtor 
or any part thereof is likeIy to be dishonestly 
transferred, concealed or removed ; or 
(b) that the ce'rtificate-deb tor refuses or negIects 
or has refused or nl-glected to pay the 
same ; or 
(c) on enquiry or evidence to be recorded in 
writing or on  davit that the certi- 
ficate-debtor is iikeIy to abscond or Ieave 
the local limits of the jurisdict,ion of the 
Certificate Officer, 
he may issue warrant for the arrest of -the Certi- 
fiate-debtor. 
(Sec. 3 7- con rd.) 
(3) +here appearance is not made in obedience 
to a notice, issued and se~ed under sub-section (I), 
the Certificate Oficer may issue a warrant for the 
arrest of the certificate-debtor. 
(4) Every person arrested -in pursuance of a 
warrant of arrest issued under sub-section (2) or 
sub-section (3), shall be brought before the Certi- 
ficate Officer as so011 as practicable and in any event 
within twenty-four hours of his arrest (exclusive of 
the time required for journey) 
Provided that, if the certificate-debtor or any 
person on his behalf pays the amount entered in the 
warrant of arrest as dr;e under the certificate, and the 
cost of the arcst, to the officer arresting him, such 
officer shall at once reIease him. 
(5) When a certi ficate-deb tor appears before the 
Certificate Officer in obedience to a notice to show 
cause or is brought before the Certificate Officer 
under sub-section (4, the Certificate Officer -shall 
proceed to hear the certificate-holder and take all 
such evidence as may be produced by him in support 
of his application for execution, and shall then give 
the certificate-debtor an opportunity of showing cause 
why he should not be committed to the civil prison. 
(6) -Pending the conclusion o'f the inquiry under 
sub-section (51, 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 think fit or release him on his executing a bond 
with or without sekurity to the satisraction of the 
Certificate Officer for his appearance when required. 
(7) Upon the conclusion of,-the inquiry under 
sub-section (5), the Certihcate Officer may subject to 
the provisions of section 65 make an order for the 
detention of the certificate-debtor in the civil prison 
and shall in that event cause him ,to, be arrested if he 
is not aIready under arrest : 
provided that in order to give the certificate- 
debtor an opportunity of satisfying 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 a specified period not exceeding fifteen 
days or release him on his furnishing security to 
the satisfaction of the Certificate Oficer for his 
a pearance at the expiration of the specified period 
i ? the cemcate debt be not sooner satisfied. 
(8) When the Certificate Officer does not make 
an order of detention under sub-section (7), he shall, 
if the certikate-debtor is under arrest, direct his 
release. 
blasefrom 38. (1) The ColIector may order the release of nrrmt and 
Rnmcsr, a certificatedebtor who has been arrested in execution 
of a certificate, upon being satisfied that he has dis- 
closed the whoIe of his property and has placed it 
at the disposal of the Certificate Officer and that he 
has not committed any act of bad faith. 
(2) If the Certificate Oficer has ground for 
believing the disclosure made by a certificate-debtor 
under sub-section (I) to have been untrue, he may 
order the rearrest of the certificate-debtor in execu- 
tion of the certificate, but the period of his detention 
in the civil prison shall not in the aggregate exceed 
that specified in sub-section (I) of section 39 ; 
Provided that if such order is passed by a Certi- 
ficate Officer other than the Collector, the previous 
sanction of the Collector shall be necessary. 
arentipn in 39. (I) Every person ,detained in the civil prison 
a* mleasc in execution of a certificate may be so detained- from prison. 
(a) where the certificate. is for a demand of 
an amount exceeding two hundred and 
Hty 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 
Officer-in-charge of the civil pnson ; or 
(ii) on the eertficate being otherwise fulIy satis- 
fied, or cancelled ; or. 
(iih:i) on the request of the person, if any, on 
whose requisition the certificate was filed 
or of the Collector ; or 
(iv) 0.a the omission by the person, if any, on 
~'rhose requisition the certificate was filed 
to pay the subsistence allowance fixed 
by the Certiiicate mcer : 
Provided als,? that he shall not be released froa 
auch detention u~cler clause (ii) or clause (iii) without 
the order of the Ce~cate Officer. 
(2) A ce~cate-&debtor released from detention 
under this section shau not, merely by reason of his 
release, be discharged fi'om his debt ; but he shall 
not be liable to be reme,sted under the certificate in 
execution of which he was dktained in the civil prison. 
40. (I) At any time af~!er a warrant for the arrest Rc?case on grouod oP 
of a certificatedebtor has b15ea issued, the Certificate ill,,s5, 
Ofi-r may cancel it on the ,grocrnd of serious illness 
of the ceficate-debtor. 
(2) Mere a certxcate-debtor hcs been arrested, 
the Certificate Officer may release him if; in the opinion 
of the Certzcate Oacer, he is not in h' fit sfate of 
health to be detained in the civil prison. 
(3) Where a certficate-debtor has been w~etted 
to the civil prison, he may be released therefram- 
(a) by the Collector, on the ground of :.he 
existence of any infectious or con~2giou'.s 
disease ; or 
(b) by the Certificate OEcer, or the ColIrqtor 
on the ground of his suffering from any serious illness. 
(4) A certificate-debtor released under this sectioin 
may be rearrested, but - the period of his detentioll 
in the civil prison shall not in the aggregate exceed' 
that specXed in sub-section (I) of section 39. 
(Secs. 41-42) 
Prohibition 41. Notwithstanding anything in this Act, the 
Or Certificate Officer shall not order the arrest or deten- 
dclcnt~on of 
women md tion in the civil prison of-, 
persons 
undcr 
d isabiliry. (a) a woman, or 
(b) any person who in his opinion, is a minor 
or of unsound mind. --- 
CHAPTER IV 
Suit in Civil 42. The certificate-debtor may, subject to the 
COU" havc 'O provisions of any other law for the time being in force, 
cerlificatc at any time within six months- 
cancelled or 
modi6cd. (1) from the service upon bim of the notice 
required by section 6 ; or 
(2) if he has fled under section 8, a petition 
denying liability from the date of the deter- 
mination of the petition ; or 
(3) if he has fiIed an. appeal under section 60 
from an order passed under section 9 
from the date of the decision of such 
appeal, bring a suit in a Civil Court to 
have the certificate cancelled, or modzed, 
and for any further consequential rehef 
to which he may be entitled : 
Provided that no such suit shall be entertained- 
(a) where the relief prayed for is merely 
an any one or more of the grounds speci- 
fied in section 8 if the cert3cate-debtor 
has oalitted to fle, in accordance with 
the said section a petition denying liability 
and calmot satisfy the Court that there 
was good reason for the omission ; or 
'[(b) if the certificate-debtor has nd paid aU 
amounts due under the certificate to the 
Certificate OEcer, whether or not, under 
protest made in writing at the time of 
payment .I 
1. Subslitutcd by tho Orissa public Demands Reovery (Amandment) 
Act, 1975 (Or. Act 49 of 1975). a. 5. 
Provided also that no sale in execution of a 
certjficate shall be set aside in such a suit unless the 
purchaser has been made a party to the suit and untiI 
a direction is made for the- refund of the amount 
of the purchase-money, with such interest, if any, 
as the Court may allow. 
43. (1) No cerfificate duly filed under this 'Act around3 for 
shall be cancelled by a Civil Court, except on any or canccuation rnodificn- 
one or more of the folIowing grounds, namely:- tion- of 
ccrr11icatc by 
Civil Cow 
(a) that the amount stated in the certificate 
was actually paid or discharged before the 
sigaing of the certscate ; 
(b) that no part of the amount stated in the 
certificate was due by the- certificate-debtor 
to the certscate-holder ; qr 
(c) that, in the case of fines imposed, or costs, 
charges, expenses, damages, duties or fees 
adjudged, by a Collector or a .public 
officer under any law of any rule having 
the force of law, the proceedings of such 
Collector or public officer were not in . 
, substantial conformity with the provisions 
of suchlaw or rule, and that in consequence 
the certificate-debtor suffered substantial in- 
jury from some error, defect or irregu- 
larity in such proceedings. 
(2) No certificate duly filed under this Act 
shall be ni&ed by a Civil Court, except' on the 
following grounds, namely :- 
(i) that a portion of the alleged debt was not 
* 
due ; or , 
' 
(ii) that &e certificatedebtor has not received 
credit for , . any portion which he has paid. 
t 
592 Trrs OFUSSA PUBLIC DEMANDS RECOVERY ACT, 1962 [ Or. Act I 
(Secs. 44-46) 
Snit to 44. Notwi tlistanding anything hereinbefore con- 
'O"OVu. posamaon tained, a sale of immovable property in execution of a 
or 01 to set certificate shall not be held to be void on the ground 
ub0a*40fs ImmovabIm that the notice required by section 6 has not been 
mop@ served ; but a suit may be brought ia a Civil Court 
whm potiW'to recover possession of such property or to set aside of ccrtiacate 
not smcd. such sale on the ground tha

Excerpt shown. Open the full act in Lexace.

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