The Tripura Public Demand Recovery Act, 2000

Tripura Act No. 7 of 2000
THE TRIPURA PUBLIC DEMAND
RECOVERY ACT, 2000

he Tripura Public Demand Recovery Act, 2000
(Tripura Act No.7 of 2000)
ARRANGEMENT OF SECTIONS
CHAPTER 1
PRELIMINARY
cno:
hort title, extent and commencement.
D inition.
ar of public demand, defaulter and Public Demand Recovery Officer.
CHAPTER II
OF PUBLIC DEMAND AND ISSUE OF CERTIFICATE.
ui ition for certificate.
filing of certificate on requisition.
of notice and copy of certificate to certificate debtors.
[ of the service of notice and the certificate.
it" g of petition denying liability.
aring and determining of such petition.
CHAPTER III
EXECUTION OF CERTIFICATE
10. \ ho may execute certi ficate.
11. Transmission of certificate to another Certificate Officer for execution.

ii
12. When certificate may be executed.
13. Modes of execution.
14. Notice of sale.
15 Sale by auction.
16. Prohibition to bid at auction.
17. Sale of perishable articles.
18. The sales to be proportionate to the amount of public demand.
19. Deposit by purchaser of immovable property.
20. FailureJ:o make deposit.
21. Setting-aside of sale.
22. Confirmation of sale.
23. Refunds.
24. Certificate of purchase.
25. Application of proceeds of sale. ' ..
26. Liability of certified purchaser.
27. Precautionary measures in certain cases.'"
28. Attachment of decree.
29. Power to arrest and detention
30. Release from arrest and re-arrest.
31. Detention in and release from prison.
32. Release on ground of illness. '
33. Bar to civil court jurisdiction.
34. Act shall not to affect interest created by mortgage charge, pledge etc.
CHAPTER IV
. ! r -j:' .. { ~r • t •
MISCELLANEOUS.
35. Appeal.
36. Act not to debar recovery of dues by banks under any other law.
37. Power of the State Government to make rules.
38. Transitory provision.

Public shed in the
EXTRAORDINARY ISSUE OF TPIPURA GAZETTE
Agartala, Saturday, September 23, 2000 A. D. Asvina 2, 1922 S. E.-
PART-Ill-Acts of Tripura Legislature
Law Department
Government of Tripura \ ' I
No. F. 9(l9)-Law/Leg/99 Dated, Agartala, the 21st Sept., 2000.
The following Act of the Tripura Legislative Assembly received the assent
of the Governor on the 16th September, 2000 and is hereby published for general
information :-
A. B. Paul,
L. R. & Secretary to the
Government of Tripura.

2
Tripura Act. No.7 of2000
THE TRIPURA PUBLIC DEMAND RECOVERY ACT, 2000
AN
ACT
to provide for the speedy recovery of public demand in Tripura.
Be it enacted by the Tripura Legislative Assembly in the Fifty-first year of
the Republic of India as follows :-
Short title,
extent and
commencement
Definitions.
CHAPTER-I
PRELIMINARY
1. (1) This Act may be called the Tripura Public Demand
Recovery Act, 2000.
(2) It extends to the whole ofTripura.
(3) It shall come into force on such date as the State Government,
may by notification in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires-
(a) "Agriculture" includes horticulture, raising of crops, grass
or garden produce, animal husbandry, dairy fanning, poultry
fanning and breeding of livestock;
(b) "bank" means-
(i) A banking company as defined in the Banking Regulation Act,
1949;
(ii) The State Bank of India constituted under the State Bank of
IndiaAct, 1955 ;
(iii) A subsidiary bank as defined in the State Bank of India
(Subsidiary Banks) Act, 1959 ;
(iv) A corresponding new bank constituted under the Banking
Companies (Acquisition & Transfer of Undertakings)Act, 1980;
(v) Any banking institution notified by the Central Government
under section 51 of the Banking Regulation Act, 1949;
(vi) Any other financial institution notified by the State
Government by a notification in the Official Gazette, as a bank
for the purpose of this Act;

3
(c) "Corporation" means any corporation owned or controlled by the
Central or the State Government and specified b_ the State
Government by a notification in the Official Gazette:
(d) "Certificate officer" means a Collector, a Sub-Divisional Officer
and any other officer appointed by the State Government to perform
the functions of a certificate officer under this Act;
(e) "Financial assistance" means any kind offinancial assistance given-
(i) For establishing, expanding, modernizing, renovating or running
any industrial undertaking; or _;:
(ii) For the purpose of vocational training; or
(iii) For the development of agriculture or agro-industry; or
(iv) For purpose of any other kind of planned development recognized
by the State Govenunent; 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.
(f) "Government company" means a Government company as defined
in section 617 of the Company's Act, 1956;
(g) "Industrial concern" shall have the same meaning as is assigned to
that expression in the State Financial Corporations Act, 1951;
(h) "Industrial undertaking" includes any f;~ndertaking for the
manufacture, preservation, storage or processing of goods, or
mining or the hotel industry or the transport of passengers or goods,
or the generation or distribution of electricity or any other form of
energy, or for the development of any contiguous area of land as
an industrial estate.
Explanation-The expression "processing of goods" includes any
art or process for producing, preparing or making an article by
subjecting any material to a manual, chemical, electrical or any
other like operation;
(i) "prescribed" means prescribed by rules made under this Act;
U) "public demand" means-
(i) any arrear of revenue or land revenue;
(ii) arrear of rent payable to a court of ward or a revenue authority in
relation to property of a private individual when such property,
is under the charge of such court or authority; /

Arrear of
public
demand,
defaulter
and Public
Demand
Recovery
Officer.
Requisition
for
certificate.
4
(iii) Any money payable to the Central or State Govemment or a corporation
or a bank or a Government company in repayment of a,loan, advance
or grant or payment of interest, cost or other dues in cash or in kind
under an agreement including an agreement of hire purchase or leass
or under any law for the time being in force or ,unde.r order of any
£omt or-Tribunal; , "",
(iv) Any money due from a purchaser at a sale held in execution of a
certificate under this Act where the sale is subsisting or not;
(v) Any money payable to a local authority;
(vi) Any sum payable to Government 'by a person on account of dues for
occupation by such person of any house, tenement or room belonging
to the Government;
(vii) Any 'money which is declared by any law for the time being in force
to be recoverable as an arrear of land revenue;
(k) "State sponsored scheme" means a scheme sponsored or adopted by
the State Government or an officer authorized by it in this behalf for
the development of agriculture or industry arid notified as such by the
State Government or the authorized officer, by a notification in the
Official Gazette;
(1) "State Government" means the State Government of Tripura.
3. (1) Any public demand which is not paid on the due date shall become an
arrear of public demand and the person responsible for the payment
shall become a defaulter.
Explanation-"DefauIter" in this sub-section shall not include the
Central or the State Government.
(2) The State Government shall authorize one or more officer in the
respective department to deal with all matters relating to public demand
payable to that department. Similarly, a Corporation, a Government
Company or a Bank shall authorize one or more ofticer to deal with all
matters relating to public demand payable to them. Such officer may be
known as Public Demand Recovery Officer (PDRO).
CHAPTER II
ARREAR OF PUBLIC DEMAND
AND ISSUE OF CERTIFICATE
4. (l) When there is any arrear of public demand the PDRO concerned may
send to the Certificate Officer having local jurisdiction a written,
requisition in such Form as may be prescribed.
(2) Every such requisition shall be signed and verified by the concerned
PDRO in such manner as may be prescribed.

Filingof 5.
certificate
on
requisition.
Service of notice
and copy of 6.
certificate to
Certificate debtor.
Effect of the
service of
notice and
the
certificate.
Filing of
petition
denying
liability
Hearing and
determining
of such
petition
,Who may
execute
certificate.
'.
5
7.
On receipt of any such requisition, the Certificate Officer, if satisfied
that the demand is recoverable, may sign a certificate in such Form as
may be prescribed stating that the demand is due from the defaulter
(who shall be known the certificate debtor) and shall cause the
certificate to be filed in his office.
When a certificate has been tiled in the office of a Certificate Officer he
shall cause to be served upon the certificate debtor a notice in such
Form as may be prescribed and a copy of the certificate.
From and after the service of notice of any certificate under Section 6
upon a certificate debtor-
(a) any private transferor delivery of any of his immovable property
or of any interest in 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 charged upon the immovable property of the certificate-debtor,
wherever situated, to which every other charge created subsequent
to the service of the said notice shall be postponed.
The certificate debtor may, within 30 days from the service of the
notice required by Section 6, present to the Certificate Officer in whose
office the original certificate is filed, a petition in such Form as may
be prescribed, signed and verified by him denying his liability, in whole
or in part or explaining the circumstances to plead that he is not a
wilful defaulter.
The Certificate Officer in whose office the original certificate is filed
shall hear the petition, take evidence if necessary, and determine
whether the certificate debtoris liable for the whole or any part ofthe
amount for which the certificate was signed or whether he is a wilful
defaulter and may set-aside or modify and certificate accordingly. Such
certificate with or without modification after decision under this section
shall be the final c tificate.
Explanation: A person can not be said to be ilful defaulter it he fails
to pay public demand for reasons beyond his control, that is, force
majeure.
8.
9.
CHAPTER III
EXECUTION OF CERTIFICATE
10. A final certificate may be executed by-
(a) the Certificate Officer in whose office the original certificate is filed; or
(b) the Certificate Officer to whom, a copy of the certificate is sent for
execution under sub-section (1) of Section 11.

Transmission of
certificate to
another
Certi ficate
Officer for
execution.
When certi ficate 12.
may be executed.
Modes of
execution
Notice of sale
Sale by auction
Prohibition to
bid at auction.
6
II. (I) A Certificate Officer in whose office the original certificate is filed may
send a copy thereof after it becomes a final certi ficate for execution to any
other Certificate Officer.
When a copy of the final certificate is sent to any such officer he shall cause
it be filedin his office and thereupon the provisions of Section 7 shall apply
as if such copy was an original certificate:
Provided that it shall not be necessary to serve a second notice and copy
under Section 6.
(I) A certificate shall be executed immediately after decision under Section
9 without any further notice to the certificate debtor.
(2) If the Certificate Officer is satisfied that the certificate debtor is likely
to conceal, remove or dispose of the whole or any part of his movable
properties as would be liable to attac!1l11ent in execution of a decree of a
Civil Court.and.that.the realisation of the amount of the certificate in
consequence be delayed or obstructed, he may at any time-after filing of the
original certificate direct, for reasons to be recorded in writing, attachment
of the whole or any part of such movable property:
Provided that if the certificate debtor whose movable property has been
- so attached furn ish a security to the satisfaction of the Certificate Officer,
such attachment shall be cancelled from the date on which such security is
accepted by the Certificate Officer.
13. Subject to such conditions and limitations as may be prescribed, a Certificate
Officer may order execution of a certificate-
(a) by attachment and sale, or by sale without previous attachment, of any
property of the certificate debtor; or
(b) by attachment of any decree or award passed by any Civil COUlt or, as
the case may be, any Tribunal or other authority in favour of the certificate
debtor; or
(c) by arresting the certificate debtor and detaining him in the civil prison;
or
(d) by any two or more of the methods mentioned in clauses (a), (b) & (c).
14. (I) Before effecting the sale of any land or other immovable property the
Certificate Officer shall issue and publish such notices and proclamation in
such Form, in such manner and containing such particulars, as may be
prescribed.
(2) A copy of every notice and proclamation issued under sub-section (1)
shall be served on the certificate debtor.
All sales of property, movable or immovable of the certificate debtor shall
be by public auction held in such manner as may be prescribed.
16. No Officer having any duty to perform in connection with any such sale and
no person employed by or subordinate to such officer shall, either directly
or indirectly, bid for or acquire any such property except on behalf of the
Government.
(2)
15.

Sale of perishable I 7.
articles.
The sales to be
proportionate to 18.
the amount of
public demand
Deposit by
purchaser of
immovable
property
Failure to make
deposit I
Setting aside of
sale.
Confirmation of
sale. 22.
Refunds.
7
Perishable articles shall be sold by auction with the least possible delay and
such sale shall be finally concluded by the officer conducting the sale.
Every sale of property, movable or immovable shall as far as may be
practicable, be proportionate to the amount of the arrear of public demand
to be recovered together with the interest thereon and the expenses of
attachment and sale.
19. In all cases of sale of immovable property, the party who is declared to be
the purchaser shall be required to deposit immediately 25% of the amount
of h is bid, and the balance with in 15 days of the da. ' or sale.
(I) In default of the payment of the deposit refern ,In Section 19 the
property shall be put up for re-sale and the expenses inc.. . I in connection
with the first sale shall be borne by the defaulting bidder.
(2) In default of payment of the balance of the bid amount within --hp
period prescribed in Section 19, the deposit after defraying therefrom tl.,
expenses of the sale shall be forfeited and the property shall be re-sold.
(3) When the proceeds of the re-sale are less than the arrear of public
demand the difference shall be bridged, as far as practicable, by the balance
amount of the deposit forfeited under sub-section (2). However, if there is
no difference and the re-sold value is enough to meet the arrear of public
demand or the difference is such it does not require entire for-feited amount
then the forfeited deposit or part thereof, as the case may be, shall vest with
the State Government.
21. When immovable property has been sold, the defaulter or any person
owning such property or holding an interest therein, may, at any time, within
30 days of the date of sale or within such further period not exceeding 15
days as the Certificate Officer may for sufficient cause allow, apply in the
prescribed manner to the Certificate Officer to have the sale set-as ide-
(a) On the ground that some material irregularity or mistake or fraud
resulted in substantial loss or injury to him, and
(b) On his depositing to the Certificate Officer the amount of the arrear
specified in the proclamation for sale, the cost of sale and for
payment to the purchaser, a sum equal to 5% of the purchase money.
If on the expiration of 30 days from the date of sale of any immovable
property or the further period, if any, allowed under Section 21, no
application has been made for setting aside the sale, or if made has been
rejected, the Certificate Officer shall make an order confirming the sale
unless, for reasons to be recorded, the Certificate Officer sets aside the sale
notwithstanding that no application or prayer has been made,
(I) The Certificate Officer shall order refund and payment to the purchaser,
of-
(a) the amount deposited by him under Section 19; and
(b) the sum equal to 5% of the purchase money deposited under Clause (b)
of Section 21, if the sale is set-aside.
20.
23.

(2) The Certificate Officer shall order the refund and payment of all the moneys
deposited under Clause (b) of Section 21 to the person who made the deposit
if the sale is confirmed.
Certificate of 24. When a sale held under this Chapter is confirmed, the Certificate Officer
purchase shall put the person declared to be the purchaser in prossession of the property
and shall grant a certificate in the prescribed form to the effect that he has
purchased the property specified therein and such certificate shall be deemed
to be a valid transfer of such property.
25. The proceeds ofthe sale of any such property shall be applied to defray the
expenses of the sale which shall be determined in the prescribed manner
and the balance shall be applied to the payment of the arrears of public
demand on account of which the sale was held and the surplus, if any, shall
be paid to the person whose property has been sold.
Liabilityofcertified26. The person who has pruchased any such land and to whom a certificate of
purchaser purchase has been granted shall not be liable for the land revenue in respect
of that land for any period prior to the date of sale.
27. When a crop of any land or any portion of the same is sold, mortgaged or
otherwise disposed of, the Certificate Officer may, ifhe thinks it necessary,
prevent its being removed from the land until the demand for the current
year in respect of the land is paid, whether· the date fixed for the payment of
the same has arrived or not.
28. (1) The attachment of a decree or award as mentioned in section 13(b) may
be made by issue to the Civil Court or the Tribunal or other, authority of a
notice with request to stay the execution of the decree or payment of the
award unless and until- '
(i) the Certificate Officer cancels the notice; or
(ii) the certificate holder or the certificate debtor applies to the Court to
execute the attached decree for satisfaction of the, certificate from the
net proceeds.
(2) When a Civil Court, Tribunal or other Authority receives an application
under Clause (ii) of sub-section (1) it shall subject to the provisions of the
Code of Civil Procedure, 1908, proceed to execute the attached decree and
apply the net proceeds for satisfaction of the certificate.
(3) The certificate holder shall be deemed to be the representative of the holder
of the attached decree, and be entitled to execute such attached decree in
any manner lawful for the holder thereof.
Powerto arrest! : 29. (I) Before a Certificate Officer makes order for execution of a certificate
and.detention L; 'by arresting the certificate debtor and detaining him in the civil prison
he shall issue and serve a notice upon the certificate debtor calling upon
him to appear before the certificate officer on a date to be specified in
the notice and to show cause why he should not be committed to civil
pnson.
(a) Ifthe Certificate Officer after considering the.cause shown by the certificate
debtor, or no cause is shown with iJi;the specified period, if satisfied that the
Application
of proceeds of
sale.
Precautionary
measures .in
certam cases.
Attachment
of decree
8

, "),
Release from
'if.+est'aWd' ,; ,
"r~lattesti.J . ii, J .
9
certificate debtor with the object of obstructing or delaying execution of
the certificate has, after the filling of the certificate in the office 'Of the
Certificate Officer, dishonestly transferred, cancelled or removed any of
his property or any part thereof; or
(b) That the certificate debtor has or has had since the date of the filing of the
certificate the means to pay the amount or any substantial part thereof for
which the certificate has been issued and has refused or neglected to pay
the same, may issue the order for the arrest and detention in civil prison of
the certificate debtor.' f
(2) Notwithstanding anything contained in sub-section (l)--
(i) a warrant for the arrest against the certificate debtor may be issued by
the Certificate Officer if the Certificate Officer is satisfied, by affidavit or
otherwise, that with the object of delaying the execution of the certificate
the certificate debtor is likely to abscond or leave the local limits of the
j urisd iction of the Certificate Officer;
(ii) where an appearance is not made in obedience to a notice issued and
served under sub-section (1), the Certificate Officer may issue a warrant of
arrest against the certificate debtor.
(3) Every person arrested in pursuance of a warrant issued under sub-section (2),
shall be brought before the Certificate Officer as soon as practicable and in
any event within 24 hours of his arrest (exclusive of the time required for
journey):
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
officer arresting him, such officer shall at once release him.
(4) When a certificate debtor appears before the Certificate Officer in obed ience
to a notice to show cause or is brought before the certificate Officer under
sub-section (3) the Certificate Officer shall proceed to hear as to why he
should not be committed to the civil prison.
(5) Pending conclusion of the hearing under sub-section (4) the Certificate
Officer may, ih 'his discretion, order that the certificate debtor be detained
in the custody of such officer or authority as the certificate officer may
think fit or release him on his furnishing a security to the satisfaction of the
Certificate Officer for his appearance when required.
(6) Upon conclusion of the hearing under sub-section (4) 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 cause him
to "be arrested if h~ is not already in custody.
,(7) When the Certificate Officer does not make any order under sub-section (6)
he shall, if the certificate debtor is under arrest, direct his release ... 1.. ,
30. (I) The. Certificate Officer 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 Officer and that he has not committed any. act of bad faith.

Detention in,
and release
from prison,
Relase on
ground of
illness
Bar to civil
court
jurisdiction
Act shall not
affect interest
created by
mortgage charge,
pledge etc.
10
(2) lfthe Certificate Officer has ground for believing the disclosure made by a
certificate debtor under sub-section (I) 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 sub-section (I) of Section 3 I.
31. (I) Ever)' 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 Rs. 5,0001-,
for a period which may extend from six months to two years.
(b) in any other case for a period which may extend to three months.
(2) Notwithstanding the provision of sub-section (I) a certificate debtor may
be released from detention-
(i) on the amount mentioned in the warrant for his detention being paid to
the officer in-charge of the civil prison; or
(ii) on the certificate being otherwise satisfied, or cancelled; or
(iii) on the omission of the PDRO on whose requisition the certificate was filed
to pay the subsistence allowance fixed by the Certificate Officer:
Provided that the certificate debtor shall not be so released from detention except
under an order of the Certificate Officer.
(3) A certificate debtor released from detention under clause (iii) of sub-section
(2) shall not, merely by reason of his release, be discharged from his debt,
but he shall not be liable to be re-arrested and detained in the civil prison in
execution of the same certificate.
(I) At any time after a warrant for the arrest of a certificate debtor has been
issued, the 'Certificate Officer may cancel it on the ground of his serious
illness or that he is not in a fit state of health to be detained in the civil
prison or on ground of any infections or contagious disease.
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 sub-section (I) of Section 3 I \ ,
No suit or other proceeding against any person acting under this Act for the
recovery of any public demand shall lie in any civil COUlt,and no injunction
shall be granted in respectof any action taken or intended to be taken in
pursuance of the provisions of this Act.
(I) Nothing in this Act shall affect any interest of the State Government, a
Corporation, a Government Company or a bank in any property created by
any mortgage, charge, pledge or other encumbrance.
(2) Where the property of a certificate debtor is subject to any mortgage,
charge, pledge or other encumbrance in favour of the State Government, a
Corporation, a Government Company or a bank then-
32.
(2)
33.
34.

Appeal.
Act not to
debar recovery
of dues by
bank under any
other law.
Power of
State
Government
to make rules.
11
(a) In every case of a pledge of goods, proceedings shall first be taken for sale
of the goods pledged, and if the proceeds of such sale are less than the sum
due, then proceedings shall be taken for recovery of the balance;
(b) In every case of a mortgage, charge or other encumbrance on immovable
property, such property or, as the case may be, the interest of the certificate
debtor therein, shall first be sold in proceedings for recovery of the sum due
from him as if it were an arrear of land revenue, and any other proceedings
may be taken thereafter only if Certificate officer certifies that there is no
prospect of realization of the entire sum due through the first mentioned
process within a reasonable time.
CHAPTER IV
MISCELLAN EOUS
35. Any person aggrieved by any order of the Certificate Officer may file appeal
within a period of 30 days from the date of passing such order. If the
Certificate Officer is of the rank of the Deputy Collector the appeal shall lie
to the District Collector and if the District Collector himself is the Certificate
Officer, the appeal shall lie to the Revenue Secretary to the State Government.
36. (1) Nothing in this Act shall debar the recovery of dues in respect offinancial
assistance given to an agriculturist or the security of a charge or mortgage
created by the agriculturist on any land or interest therein in favour of a
Corporation, bank or other institution where such dues are recoverable under
the provisions of any other law for the time being in force.
(2) The provision of this Act is not in derogation of any of the provisions ofthe
TLR and LRAct, 1960 relating to recovery ofland revenue and other money
mentioned therein but may be enforced or resorted to in the alternative.
37. (1) The State Government may, by notification in the Official Gazette, make
rules for the purpose of carrying out the provisions of this Act.
(2) All rules made under this Act shall be laid for not less than thirty days
before the State Legislature as soon as may be after they are made and shall
be subject to such decision or modification as the State Legislature may
make during the session in which they are so laid or the session immediately
following,
(3) Any decision or modification so made by the State Legislature shall be
published in the Official Gazette, and shall, thereupon, take effect.

Transitory
provision.
J"
12
38. All suits of the nature for recovery of money falling within the definition of
public .demand pending in any civil court immediately before coming into
force of this Act shall abate so however that such abatement shall be without
prejudice to the right of the State Government,' Corporation. Government
Company or bank, as the case may be, to recover such demand in accordance
with the provisions of this Act or any other law for the time being in force.
A. B. Paul
L. R. & Secretary to the
Government of Tripura.
-..'-,.

Printed by
The Manager, Tripura Govemment Press, Agartala.
TGPA-13-01-2017-100-J.C. No. 21082.

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