Arunachal Pradesh act 003 of 1913 : The BENGAL PUBLIC DEMANDS RECOVERY ACT, 1913 Bengal Act 3 of 1913 as amended in its application to Arunachal Pradesh

of the certificate would in consequence be delayed or obstructed, he may at any time direct, for reasons to be

recorded in writing, an attachment of the whole or any part of such movable property.

14. Modes of execution.-Subject to such conditions and limitations as may be prescribed, a Certificate Officer -mi3~_ order execution of the certificate-

(f)'bi,\~t\~~~~h~~~r(4~: J~):~~liit~.iwi!1J8~!lf~~i~~s-attachment), of any property, or

(b) byattachm~ntofany:det'ree/o_i:...,. .,,/.:>~y4;·L;-:';··:·?-; ·"" ·,·'.--i -~ .... J• ~ "!~~.?,~,c;•~..: !~ ~~·;:-·· -:~-:.J·_. • • .. ~-- ,-., . .,.~.~

(c) by arresting the certificate-debtor and· deta.lnlni hlmJn. the cl'ill prispq;§.t . ..;~_:'¹\r:· · · _ ·~·, . ·fi("..-; ,,

(d) by any two or all of the methods mentioned in clauses (a), (b) and '(c). ;\z), i.:~.t.1.~ ~. . ~~;;.;,r~UrL,~_i,:;.~ -·: ._-,::/-~;._ Explanation to clause (d).-The Certificate Officer may, in his discretion at the same ti;;;~g~i~ih~ {~;~~,'.:

and property of the certificate-debtor.

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ATTACHMENT

17. Attachment of property.-Property liable to attachment and sale in execution of a decree of a Civil Court under section 60 of the Code of Civil Procedure, 1908 (Act V of 1908) may be attached and sold in execution of a certificate under this Act.

18. Payment of moneys contrary to attachment to be void.-Where an attachment has been made in execution of a certificate, any payment to the certificate-debtor of any debt, dividend or other moneys, contrary to such attachment, shall be void as against all claims enforceable under the attachment.

19. Attachment of decree.-(1) The attachment of a Civil Court decree for the payment of money or for sale in enforcement of a mortgage or charge shall be made by the issue/to the Civil Court, of a notice requesting the Civil Court to stay the execution of the decree unless and until-

(i) the Certificate Officer cancels the notice, or

(ii) the certificate-holder or the certificate-debtor applies to the Court receiving such notice to execute the decree.

(2) Where a Civil Court receives an application under clause (//) of subsection (1), itshall, on the application of the certificate-holder or the certificate-debtor, and subject to the provisions of the Code of Civil Procedure, 1908 (Act V of 1908), proceed to execute the attached decree and apply the net proceeds in satisfaction of the certificate.

(3) The certificate-holder shall be deemed to be the representative of the holder of the attached decree, and to be entitled to execute such attached decree in any manner lawful for the holder thereof.

SALE

20. Purchaser's title.-(1) Where property is sold in execution of a certificate, there shall vest in the purchaser merely the right, title and interest of the certificate-debtor at the time of the sale, even though the property itself be specified.

(2) Where immovable property is sold in execution of a certificate, and such sale has become absolute, the purchaser's right, title and interest shall be deemed to have vested to him from the time when the property is sold, and not from the time when the sale becomes absolute.

(3) Notwithstanding anything contained in sub-section (1), in areas in which Chapter XIV of the Bengal Tenancy Act, 18851 (VIII of 1885), is in force, where a tenure or holding is sold in execution of a certificate for arrears of rent due in respect thereof, the tenure or holding shall, subject to the provisions of section 22 of that Act, pass to the purchaser, subject to the interests defined in that Chapter as "protected interests", but with power to annul the interests defined in that Chapter as "incumbrances": Provided as follows:

(i) a registered and notified incumbrance with the meaning ofthat Chapter shall not be so annulled except in the case prescribed; and (ii) the power to annul shall be exercisable only in the manner prescribed.

(4) Where the certificate-holder is a co-sharer landlord and the certificate is for his share of the rent only, the provisions of sub-section (3) shall not apply.

21. Suit against purchaser not maintainable on ground of purchase being made on behalf of plaintiff.-(1) No suit shall be maintained, against any person claiming title under a purchase certified by the Certificate Officer in such manner as may be prescribed, on the ground that the purchase was made on behalf of the plaintiff or on behalf of some one through whom the plaintiff claims.

(2) Nothing in this section shall bar a suit to obtain a declaration that the name of any purchaser certified as aforesaid was inserted in the certificate fraudulently or without the consent of the real purchaser, or interfere with the right of a third person to proceed against that property, though ostensibly sold to the certified purchaser, on the ground that it is liable to satisfy a claim of such third person against the real owner.

22. Application to set aside sale of immovable property on deposit.-(1) Where immovable property has been sold in execution of a certificate, the certificate-debtor, or any person whose interests are affected by the sale, may, at any time within thirty days from the date of the sale, apply to the Certificate Officer to set aside the sale, on his depositing-

(a) for payment to the certificate-holder, the amount specified in the proclamation of sale as that for the recovery of which the sale was ordered, with interest thereon at the rate of six and a quarter per centum per annum, calculated from the date of the proclamation of sale to the date when the deposit is made;

(b) for payment to the purchaser, as penalty a sum equal to five per cent ofthe purchase-money but not less than one rupee; and

(c) for payment to the Deputy Commissioner (where the certificate is for a public demand payable to the Deputy Commissioner), such outstanding charges due to the Government under any law for the time being in force as the Deputy Commissioner certifies to be payable by the certificate-debtor.

(2) Where a person makes an application under section 23 for setting aside the sale of his immovable property, he shall not, unless he withdraws that application, be entitled to make or prosecute an application under this section.

23. Application to set aside sale of immovable property on ground of non-service of notice or irregularity.-(1) Where immovable property has been sold in execution of a certificate, the certificate-holder, the certificate- debtor, or any person whose interests are affected by the sale, may, at any time within sixty days from the date of sale, apply to the Certificate Officer to set aside the sale on the ground that notice was not served

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Provided as follows:-

(a) no sale shall be set aside on any such ground unless the Certificate Officer is satisfied that the applicant has sustained substantial injury by reason of the non service or irregularity; and

(b) an application made by a certificate-debtor under this section shall be disallowed unless the applicant either deposits the amount recoverable from him in execution of the certificate or satisfies the Certificate Officer that he is not liable to pay such amount.

(2) Notwithstanding anything contained in sub-section (1), the Certificate Officer may entertain an application made after the expiry of sixty days from the date of the sale if he is satisfied that there are reasonable grounds for so doing.

24. Application to set aside sale on ground that certificate-debtor had no saleable interest or that property did not exist.-The purchaser at any sale of immovable property in execution of a certificate may, at any time within sixty days from the date of the sale, apply to the Certificate 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, and where, in the case of an application under section 22, the deposit required by that section is made within thirty days from the date of the sale, the Certificate Officer shall make an order setting aside the sale:

Provided that no order shall be made unless notice of the application has been given to all persons affected thereby.

26. Disposal of proceeds of execution.-(1) Whenever assets are realized, by sale or otherwise in execution of a certificate, they shall be disposed of in the following manner:-

(a) there shall first be paid to the certificate-holder the costs incurred by him;

(b) there shall, in the next place, be paid to the certificate-holder the amount due to him under the certificate in execution of which the assets were realized;

(c) if there remains a balance after these sums have been paid, there shall be paid to the certificate-holder there from any other amount recoverable under the procedure provided by this Act which may be due to him upon the date upon which the assets were realized; and

(d) the balance (if any) remaining after the payment of the amount (if any)referred to in clause (c) shall be paid to the certificate-debtor.

(2) If the certificate-debtor disputes any claim made by the certificate-holder to receive any amount referred to in clause (c), the Certificate Officer shall determine the dispute.

RESISTANCE TO PURCHASER AFTER SALE

27. Application by purchaser resisted or obstructed in obtaining possession of immovable property.-(1) lfthe purchaser of any immovable property sold in execution of a certificate is resisted or obstructed by any person in obtaining possession of the property, he may apply to the Certificate Officer.

(2) The Certificate Officer shall fix a day for investigating the matter, and shall summon the party against whom the application is made to appear and answer the same.

28. Procedure on such application.-(1) If the Certificate Officer is satisfied that the resistance or obstruction was occasioned without any just cause by the certificate-debtor or by some person on his behalf, he shall direct that the applicant be put into possession of the property; and, if the applicant is still resisted or obstructed in obtaining possession, the Certificate Officer may also, at the instance of the applicant, order the certificate debtor or such other person to be detained in the civil prison for a term which may extend to thirty days.

(2) If the Certificate 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

application.

ARREST, DETENTION AND RELEASE

29. Power of arrest : A certificate debtor may be arrested in execution of a certificate at any hour and on any day, except as provided in Section 47,and when so arrested,shall,as soon as practicable,be brought before the Certificate Officer ; and his detention may be in the civil prison of the district in which the Certificate Officer ordering the detention exercise jurisdiction, or, where such civil prison does not afford suitable accommodation, in any other place which the State Government may appoint for the detention of persons ordered by the Civil Courts of such district to be detained :

Provided that, if the certificate debtor pays the amount entered in the warrant of arrest as due under the certificate, and the cost of the arrest, to the officer arresting him, such officer shall at once release him.

4

(2) If the Certificate Officer has ground for believing the disclosure made by a certificate debtor under sub- section (1) to have been untrue, he may order the re-arrest of the certificate-debtor in execution of the certificate, but the period of his detention in the civil prison shall not in the aggregate exceed that authorized by section 31, sub-section (1).

31. Detention in and release from prison.-(1) Every person detained in the civil prison in execution of a certificate may be so detained,-

(a) where the certificate is for a demand of an amount exceeding fifty rupees - for a period of six months, and

(b) in any other case - for a period of six weeks:

Provided that he shall be released from such detention-

(i) on the amount mentioned in the warrant for his detention being paid to the officer in charge of the civil prison, or

(ii) (ii) on the certificate being otherwise fully satisfied, or cancelled, or

(iii) on the request of the person (if any) on whose requisition the certificate was filed, or of the Deputy Commissioner, or

(iv) on the omission by the person (if any) on whose requisition the certificate was filed to pay the subsistence allowance fixed by the Certificate Officer:

Provided also that he shall not be released from such detention under clause (ii) or clause (iii) without the order of the Certificate Officer.

(2) A certificate-debtor released from detention under this section shall not; merely by reason of his release, be discharged from his debt; but he shall not be liable to be re arrested under the certificate in execution of which he was detained in the civil prison.

32. Release on ground of illness.-(1) At any time after a warrant for the arrest of certificate-debtor has been issued, the Certificate Officer may cancel it on the ground of his serious illness,or

(2) Where a certificate-debtor has been arrested, the Certificate Officer may release him if, in the opinion of the Certificate Officer, he is not in a fit state of health to be detained in the civil prison.

(3) Where a certificate-debtor has been committed to the civil prison, he may be released therefrom-

(a) by the DC, on the ground of the existence of any infectious or contagious disease, or

(b) by the Certificate Officer, or theDC, on the ground of his suffering from any serious illness.

(4) A certificate-debtor released under this section may be re-arrested, but the period of his detention in the civil prison shall not in the aggregate exceed that authorized by section 31, sub-section (1).

33. Prohibition of arrest or detention of women and persons under disability.- notwithstanding anything in this Act, the Certificate Officer shall not order the arrest or detention in the civil prison of-

(a) a woman, or

(b) any person who, in his opinion, is a minor or of unsound mind.

PART IV

REFERENCE TO CIVIL COURT

34. Suit in Civil Court to have certificate cancelled or modified.- The Certificate debtor may, at any time within six months-

(1) from the service upon him of the notice required by section 7, or

(2) if he files, in accordance with section 9, a petition denying liability from the date of the determination of the petition, or

(3) if he appeals, in accordance with section 51, from an order passed under section 10 from the date of the decision of such appeal, bring a suit in the Civil Court to have the certificate cancelled or modified, and for any further consequential relief to which he may be entitled:

Provided that no such suit shall be entertained-

(a) in any case, if the certificate-debtor has omitted to file, in accordance with section 9, a petition denying liability, or to state in his petition denying liability the ground upon which he claims to have the certificate cancelled or modified, and cannot satisfy the Court that there was good reason for the omission, or

(b) in the case of a certificate for a demand mentioned in Article 1 or Article 2 of Schedule I, if the certificate- debtor has not paid the amount due under the certificate to the Certificate Officer-

(i) within thirty days from the service of the notice required by section 7, or

(ii) if he has filed, in accordance with section 9, a petition denying liability - then within thirty days from the date of the determination of the petition, or

(iii) if he has appealed in accordance with section 51 - then within thirty days from the decision of the appeal:

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35. Grounds for cancellation or modification of certificate by Civil Court.-(1) No certificate duly filed under this Act shall be cancelled by a Civil Court, except on one of the following grounds, namely:-

(a) that the amount stated in the certificate was actually paid or discharged before the signing of the certificate;

(b) that no part of the amount stated in the certificate was due by the certificatedebtor to the certificate- holder; or

(c) that, in the case of fines imposed, or costs, charges, expenses, damages, duties or fees adjudged, by a DC or a public officer under any law or any rule having the force of law, the proceedings of such DC or public officer were not in substantial conformity with the provisions of such law or rule, and that in consequence 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 Civil Court, except on one of the following grounds, namely:-

(i) that a portion of the alleged debt was not due; or

(ii) that the certificate-debtor has not received credit for any portion which he has paid.

(3) Nothing contained in this section shall interfere with the ordinary original jurisdiction of the High Court at Calcutta, or with the jurisdiction of the Calcutta Court of Small Causes.

36. Suit to recover possession of, or to set aside sale of, immovable property. where notice of certificate not served.-Notwithstanding anything herein before contained, a sale of immovable property in execution of a certificate shall not be held to be void on the ground that the notice required by section 7 has not been served; but a suit may be brought in a Civil Court to recover possession of such property or to set aside such sale on the ground that such notice has not been served, and that the plaintiff has sustained substantial injury by reason of irregularity:

Provided that no such suit shall be entertained-

(a) if instituted more than one year from the date on which possession of the property was delivered to the purchaser, or

(b) ifthe certificate-debtor has made appearance in the certificate proceeding,or has applied to the Certificate Officer under section 22 or section 23 to set aside the sale.

37. General bar to jurisdiction of Civil Courts, save where fraud alleged.-Except as otherwise expressly provided in this Act, every question arising between the certificate-holder and the certificate-debtor, or their representatives, relating to the making, execution, discharge or satisfaction of a certificate duly filed under this Act, or relating to the confirmation or setting aside by an order under this Act of a sale held in execution of such certificate, shall be determined, not by suit, but by order of the Certificate Officer before whom such question arises, or of such other Certificate Officer as he may determine:

Provided that a suit may be brought in a Civil Court in respect of any such question upon the ground of fraud.

PARTV

RULES

38. Effect of rules in Schedule II.- The rules in Schedule II shall have effect as if enacted in the body of this Act, until altered or annulled in accordance with the provisions of this part.

39. Power of Board of Revenue to make rules as to procedure.-(1) The Board of Revenue may, after previous publication and with the previous sanction of the State Government, make rules regulating the procedure to be followed by persons making requisitions under section 5 and by DC and Certificate Officers acting under this Act; and may, by such rules, alter, add to or annul any of the rules in Schedule II.

(2) Such rules shall not be inconsistent with the provisions in the body of this Act, but subject thereto, may, in particular, and without prejudice to the generality of the power

conferred by sub-section (1), provide for all or any of the following matters, namely:-

(a) the signature and verification of requisitions made under section 5;

(b) the Certificate Officers to whom such requisitions should be addressed;

(c) the cases in which such requisitions shall not be chargeable with a fee;

(d) the service of notices issued under section 7, the service of other notices or processes issued under this Act, and the manner in which service may be proved;

(e) the signing and verification of petitions, under section 9, denying liability;

(f) the transfer of certificates, proceedings in execution of certificates and petitions under section 9 denying liability from one Certificate Officer to another for disposal;

6

(h) the maintenance and custody, while under attachment, of livestock and other movable property, the fees to be charged for such maintenance and custody, the sale of such livestock and property, and the disposal of the proceeds of such sale;

(i) the registers, books and accounts to be kept by Certificate Officers, and the inspection thereof by the public;

(J) the fee to be charged for the inspection of the register of certificates maintained under rule 59 in Schedule II;

(k) the recovery of expenditure on the certificate establishment by the levy of costs under section 16, clause

(b) and section 45;

(I) the recovery of poundage fees;

(m) the forms to be used under this Act.

PART VI

SUPPLEMENTAL PROVISONS

40. Publication and effect of rules made under section 39.-(1) Rules made and sanctioned under section 39 shall be published in the Official Gazette, and shall, from the date of publication or from such other date as may be specified, have the same force and effect as if they had been contained in Schedule II.

(2) All references in this Act to the said Schedule II shall be construed as referring to that Schedule as for the time being amended by such rules.

41. Persons under disability.-Where the Certificate Officer is satisfied that the certificate-debtor is a minor or of unsound mind, he shall, in any proceeding under this Act, permit to be represented by any suitable person.

42. Continuance of certificates.-No certificate shall cease to be in force by reason of-

(a) the property to which the demand relates ceasing to be under the charge or management of the Court of Wards of the Revenue authorities; or

(b) the death of the certificate-holder.

43. Procedure on death of certificate-debtor.-Where a certificate-debtor dies before the certificate has been fully satisfied, the Certificate Officer may, after serving upon the legal representative of the deceased a notice in the prescribed form, proceed to execute the certificate against such legal representative; and the provisions of this Act shall apply as if such legal representative were the certificate-debtor and as if such notice were a notice under section 7:

Provided that where the certificate is executed against such legal representative, he shall be liable only to the extent of the property of the deceased which has come to his hands and has not been duly disposed of; and, for the purpose of ascertaining such liability, the Certificate Officer executing the certificate may, of his own motion or on the application of the certificate-holder, compel such legal representative to produce such accounts as the Certificate Officer thinks fit.

44. Cancellation of certificates.-(1) The Certificate Officer shall cancel any certificate at the request of the certificate-holder.

(2) The Certificate Officer may cancel any certificate filed under section 6 if the certificate-holder is not reasonably diligent.

NOTES

1. The Certificate Officer is empowered to cancel any certificate under the following circumstances

(1) When so requested by the certificate holder

(2) when the Certificate Officer is not reasonably diligent.

45. Costs.-Subject to such limitation as may be prescribed, the award of any cost of and incidental to any proceeding under this Act shall be in the discretion of the officer presiding, and he shall have full power to direct by whom and to what extent such costs shall be paid.

46. Compensation.-lfthe Certificate Officer is satisfied that any requisition under section 5 was made without reasonable cause, he may} award to the certificate-debtor such compensation as the Certificate Officer thinks fit; and the amount so awarded shall be recoverable from the certificate-holder under the procedure provided by this Act for recovery of costs.

47. Entry into dwelling-house.-(1) No person executing any warrant of arrest issued under this Act, or any process issued under this Act directing or authorizing the attachment of movable property, shall enter any dwelling-house after sunset or before sunrise.

(2) No outer door of a dwelling-house shall be broken open unless the dwelling-house or a portion thereof is in the occupancy of the certificate-debtor and he or any other occupant of the house refuses or in any way prevents access thereto; but, when the person executing any such warrant or other process has duly gained access to any dwelling-house, he may break open the door of any room and enter, if he has reason to believe that entering into the room is necessary in order to enable him to execute the process.

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48. Application of Act XVIII of 1850.-Every DC, Certificate Officer, Assistant Commissioner ad Additional Deputy commissioner acting under this Act, and every officer of the Government making a requisition under section 5, shall, in the discharge of his functions under this Act, be deemed to be acting judicially within the meaning of the Judicial Officer's Protection Act, 1850 (XVIII of 1850).

49. Officers to have powers of Civil Court for certain purposes.- Every Deputy Commissioner, Certificate Officer, Assistant Commissioner ad Additional Deputy commissioner acting under this Act, and every officer of the Government acting under this Act, shall have the power of a Civil Court for the purposes of receiving evidence, administering oaths, enforcing the attendance of witnesses and compelling the production of documents.

50. Control over officers.-AII Certificate Officers (not being Deputy Commissioner), Assistant Commissioners and Additional Deputy Commissioners shall, in the performance of their duties under this Act, be subject to the general supervision and control of the Deputy Commissioner.

51. Appeal.-(1) An appeal from any original order made under this Act shall lie-

(a) if the order was made by an Assistant Commissioner or a Additional Deputy Commissioner, or by a Certificate Officer not being the Deputy Commissioner, - to the Deputy Commissioner, or

(b) ifthe order was made by the Deputy Commissioner, - to the Commissioner:

Provided that no appeal shall lie from any order made under section 22,

(2) Every such appeal must be presented, in case (a), within fifteen days, or, in case (b), within thirty days, from the date of the order.

(3) The Deputy Commissioner may, by order, with the previous sanction of the Commissioner, authorize-

(i) any Sub divisional Officer, or

(ii) any officer appointed under clause (3) of section 3 to perform the functions of a Certificate Officer, to exercise the appellate powers of the Deputy Commissioner under sub-section (1).

(4) When any officer has been so authorized, the Deputy Commissioner may transfer to him for hearing any appeal referred to in clause (a) of sub-section (1), unless the order appealed against was made by such officer.

(5) Pending the decision of any appeal, execution may be stayed if the appellate authority so directs, but not otherwise.

52. Bar to second appeals.-No appeal shall lie from any order of a Deputy Commissioner, or an officer authorised under section 51, sub-section (3), when passed on appeal.

53. Revision.-(1) The Deputy Commissioner may revise any order passed by a Certificate Officer, Assistant Commissioner or Additional Deputy Commissioner under this Act; the Commissioner may revise any order passed by a Deputy Commissioner under this Act;

(2) the Commissioner may revise any order passed by a Deputy Commissioner under this Act.

(3) the State Government may revise any order passed by a Commissioner under this Act.

56. Application ofthe Indian Limitation Act, 1908.-(1) Sections 6 to 9 of the Limitation Act, 1963 (36 of 1963) shall not apply to suits, appeals or applications under this Act.

(2) Except as declared in sub-section (1), the provisions of the Limitation Act, 1963, shall apply to all proceedings under this Act as if a certificate filed hereunder were a decree of a Civil Court.

57. Certificate Officer deemed to be a Court.-A Certificate Officer shall be deemed to be a Court, and any proceeding before him shall be deemed to be a civil proceeding within the meaning of section 14 of the Limitation Act, 1908 (IX of 1908).

58. Penalties.-Whoever fraudulently removes, conceals, transfers or delivers to any person any property or any interest therein, intending thereby to prevent that property or interest therein, from being taken in execution of a certificate, shall be deemed to have committed an offence punishable under section 206 ofthe Indian Penal Code (Act XLV of 1860).

59. Signature of documents by ministerial officers.-(!) Any Certificate Officer may, by written order, authorize any ministerial officer to sign, on behalf of the Certificate Officer, any copy, issued by the Certificate Officer under this Act, of any document referred to therein.

(2) The State Government may, by notification in the Official Gazette, empower Certificate Officers to authorize ministerial officers, by written order, to sign on behalf of Certificate Officers any classes of original notices, summonses or proclamations issued by Certificate Officers under this Act which are specified in such notification.

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Sections 60 to 64 have not been extended to Assam Schedule I Public Demands

[See sees. 3(6) and 34(b)]

PUBLIC DEMANDS

1. Any arrear of revenue which remains due in the following circumstances, namely: When, under the provisions of Bengal Land-Revenue Sales Act, 1859 (XI of 1859), or the Bengal Land-Revenue Sales Act, 1868 (Ben. Act VII of 1868), or any other law for the time being in force, an estate or tenure, or any share of an estate or tenure, has been sold for the recovery of arrears of revenue due thereupon, and, after deducting the expenses of such sale, the balance of the sale-proceeds remaining is insufficient to liquidate the arrears of revenue in discharge of which such sale-proceeds may, under the said provisions, be applied.

2. Any arrear of revenue which is due from a farmer on account of an estate held by him in farm, and is not paid on the latest day of payment fixed under section 3 of the said Bengal Land Revenue Sales Act, 1859 (XI of.

1859).

3. Any money which is declared by any law for the time being in force to be recoverable or realizable as an arrear of revenue or land-revenue, or by the process authorized for the recovery of arrears of revenue or of the public revenue or of Government revenue.

4. Any money which is declared by any enactment for the time being in force-

(i) to be a demand or a public demand, or

(ii) to be recoverable as arrears of a demand or public demand, or as a demand or public demand, or

(iii) to be recoverable under the Bengal Land Revenue Sales Act, 1868 (Ben. Act VII of 1868).

5. Any money due from the sureties of a farmer in respect of the revenue of the estate farmed by him.

6. Any money awarded as fees or costs by a revenue authority under any law or any rule having the force of law.

7. Any demand payable to the Deputy Commissioner by a person holding any interest in land,pasturage, forest-rights, fisheries or the like, whether such interest is or is not transferable, when such demand is a condition of the use and enjoyment of such land, pasturage, forest-rights, fisheries or other thing.

8. In the case of property which, under the provisions of any law for the time being in force, is under the charge of, or is managed by, the Court of Wards or the revenue authorities on behalf of a private individual - any arrear of rent, or of any demand which is recoverable as rent, whether such arrear became due-before or after the management devolved upon such court or such authorities.

9. Any money payable to an officer of the Government, in respect of which the person liable to pay the same has, by a written instrument, which shall, except in cases of fees, not exceeding fifty rupees per annum, for licences granted for use and occupation of agricultural land vested in the Government under the West Bengal Estates Acquisition Act, 1953 (West Bengal Act I of 1954), be duly registered, agreed that such money shall be recoverable as a public demand.

9A. Any money payable to Government or to an officer of Government in repayment of a loan in cash or in kind, in respect of which money, the person to whom the loan in cash or in kind was advanced, has agreed by a written instrument that such money shall be recoverable as a public demand. 1[9B. Any money payable to a Bank or a Financial Institution from any person in respect of any amount advanced or granted under the scheme,shall apart from any other mode of recovery ,be recoverable as a public demand.]

1 [Inserted by 2006 Amendment Act. s2 wef 01/01/2000]

10. Any stamp duty payable by a proprietor in respect of a paper of partition prepared under the Estates Partition Act, 1897 (Ben. Act V of 1897).

11. In the case of a person to whom the collection of tolls has been framed under section 8 ofthe Canals Act, 1864 (Ben. Act V of 1864), or of the sureties of such person - any money due in respect of such farm.

12. Any money awarded as compensation under section 2 of the Bengal Land Revenue Sales Act, 1868 (Ben. Act VII of 1868).

12A. Any sum ordered by a liquidator appointed under sub-section (1) of section 42 of the Co-operative Societies Act, 1912 {II of 1912), to be recovered as a contribution to the assets of a society or as the cost of liquidation.

13. Any money due from a purchaser at a sale held in execution of a certificate under this Act, whether the sale is subsisting or not.

9

(See section 38)

SIGNATURE AND VERIFICATION OF REQUISITIONS FOR CERTIFICATES

1. Signature and verification of requisition for certificate.-(1) Every requisition made under section 5 shall be signed and verified at the foot by the person making it.

(2) The verification shall state that the person signing the requisition has been satisfied by inquiry that the amount stated in the requisition is actually due.

(3) The verification shall be signed by the person making it, and shall state the date on which it is signed.

SERVICE OF NOTICES

2. Mode of service. -Service of a notice issued under section 7, or under any other provision of this Act, shall be made by delivering or tendering a copy thereof, signed by the Certificate Officer or such ministerial officer as he authorizes in this behalf, and sealed with the seal ofthe Certificate Officer.

3. Service on certificate-debtor or his agent.-Wherever it is practicable, service shall be made on the certificate-debtor in person, unless he has an agent empowered to accept service, in which case service on such agent shall be sufficient.

4. Service on adult male member of certificate-debtor's family.-Where the certificate-debtor cannot be found, and has no agent empowered to accept service ofthe notice on his behalf, service may be made on any adult male member of the family of the certificate-debtor who is residing with him. Explanation.-A servant is not a member of the family within the meaning of this rule.

5. Person served to sign acknowledgment.-Where the serving officer delivers or tenders a copy of the notice to the certificate-debtor personally, or to an agent or other person on his behalf, he shall require the signature of the person to whom the copy is so delivered or tendered to an acknowledgment of service endorsed on the original notice.

6. Procedure where certificate-debtor refuses to accept service or cannot be found.-Where the certificate- debtor or his agent, or such other person as aforesaid refuses to sign the acknowledgment, or where the serving officer, after using all due and reasonable diligence, cannot find the certificate-debtor, and there is no agent empowered to accept service of the notice on his behalf, nor any other person on whom service can be made, the serving officer shall-

(a) affix a copy of the notice on the outer door or some other conspicuous part of the house in which the certificate-debtor ordinarily resides or carries on business or personally works for gain, or

(b) if there be land affected by the notice, affix a copy of the-notice on some conspicuous place in the office of the Certificate Officer and also on some conspicuous part of the land, and shall then return the original to the Certificate Officer by whom it was issued, with a report endorsed thereon or annexed thereto stating that he has so affixed the copy, the circumstances under which he did so, and the name and address of the person (if any) by whom the house or land was identified and in whose presence the copy was affixed.

7. Endorsement oftime and manner of service.-The serving officer shall in all cases in which the notice has been served under rule 5, endorse or annex, or cause to be endorsed or annexed, on or to the original notice, a return stating the time when and the manner in which the notice was served, and the name and address of the person (if any) identifying the person served and witnessing the delivery or tender of the notice.

8. Examination of serving officer.-Where a notice is returned under rule 6, the Certificate Officer shall, if the return under that rule has not been verified by the affidavit of the serving officer, and may, if it has been so verified, examine the serving officer on oath, or cause him to be so examined by another Certificate Officer, or, subject to any general order of the Deputy Commissioner, by an Assistant Deputy Commissioner, Deputy Commissioner or Sub-Deputy Deputy Commissioner, touching his proceedings and may make such further inquiry in the matter as he thinks fit; and shall either declare that the notice has been duly served or order such service as he thinks fit.

9. Service by post.-Notwithstanding anything herein before contained, the notice may, if the Certificate Officer so directs, be served by post. Petitions under Section 9, denying Liability

PETITIONS UNDER S 9 DENYING LIABILITY

10. Signature and verification of petition denying liability.-(1) Every petition filed under section 9, denying liability, shall be signed and verified at the foot by the certificate-debtor or by some other person on his behalf who is proved to the satisfaction of the Certificate Officer to be acquainted with the facts of the case.

(2) The verification shall be signed by the person making it, and shall state the date on which it is signed. 11 .Transfer of such petitions.-(1) The Certificate Officer may, subject to any general or special order of the Deputy Commissioner, transfer to any Assistant Deputy Commissioner or additional Deputy Commissioner subordinate to the Deputy Commissioner any petition filed under section 9; and such Assistant Deputy Commissioner or additional Deputy Commissioner shall hear and determine such petition accordingly:

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(2)The provisions of section 10 shall be applicable to any Assistant Deputy Commissioner or additional Deputy Commissioner to whom any such petition has been transferred under sub-rule (1).

EXECUTION OF CERTIFICATES

12. Execution in another district-Where a copy of a certificate is sent for execution to any other certificate Officer under section 12, sub-section (1), the certificate may be executed by him. Attachment of Movable Property, etc.

ATIACHMENT OF MOVABLE PROPERTY

13. Application for attachment of movable property in the possession ofthe certificate-debtor.-At the time of making an application for the attachment of movable property in the possession of the certificate-debtor, the certificate-holder shall declare whether the property is above or below Rs 20 in value. If the property is declared to be above Rs 20 in value, the certificate-holder shall pay the costs of issuing the proclamation of sale. If, however, the value of the property, having been declared to be Rs 20 or under, should be found as determined by rule 14, to exceed Rs 20, the certificate-holder shall pay the costs of issuing the proclamation of sale immediately on receipt of notice of attachment.

14. Procedure for the attachment of movable property when its value is up to Rs. 20or above.- When the attaching officer believes that the property attached does not exceed Rs 20 in value, he shall inform the debtor or, in his absence, any present adult member of his family, that it will be sold by public auction at once without the issue of any proclamation. In case the certificate-holder or the certificate-debtor, or any person on his behalf, object to this, the attaching officer shall convoke a panchayat of not less than three respectable adult male inhabitants of the neighbourhood, of whom ordinarily the headman of the village should be one, and shall require them to assess the value of the property. If they determine that it exceeds Rs 20 in value, he shall deal with it according to the rules for the sale of movable property exceeding Rs 20 in value; otherwise he shall forthwith proceed to sell it by auction after giving such reasonable notice as the circumstances of the case admit ofto intending purchasers.

15. Attachment of movable property (other than agricultural produce) in possession of certificate-debtor.- Where the property to be attached is movable property (other than agricultural produce) in the possession of the certificate-debtor, the attachment shall be made by actual seizure, and the attaching officer shall keep the property in his own custody or in the custody of one of his subordinates, and shall be responsible for the due custody thereof:

Provided that, when the property seized is subject to speedy and natural decay or when the expense of keeping it in custody is likely to exceed its value, the attaching officer may sell it at once.

16. Attachment of agricultural produce.-Where the property to be attached is agricultural produce, the attachment shall be made by affixing a copy of the warrant of attachment-

(a) where such produce is growing crop - on the land on which such crop has grown, or (2) Subject to such conditions as may be imposed by the Certificate Officer in this behalf, either in the order of attachment or in any subsequent order, the certificate debtor may tend, cut, gather and store the produce and do any other act necessary for maturing or preserving it and if the certificate-debtor fails to do all or any of such acts, the certificate-holder may, with the permission of the Certificate Officer and subject to the like conditions, do all any of them either by himself or by any person appointed by him in this behalf, and the costs incurred by the certificate-holder shall be recoverable from the certificate-debtor as if they were included in the certificate.

(3) Agricultural produce attached as a growing crop shall not be deemed to have ceased to be under attachment or to require re-attachment merely because it has been served from the soil.

(4) Where an order for the attachment of growing crop has been made at a considerable time before the crop is likely to be fit to be cut or gathered, the Certificate Officer may suspend the execution of the order for such time as he thinks fit, and may, in his discretion, make a further order prohibiting the removal of the crop pending the execution of the order of attachment.

(5) A growing crop which from its nature does not admit of being stored shall not be attached under this rule at any time less than twenty days before the time at which it is likely to be fit to be cut or gathered.

17. Provision as to agricultural produce under attachment.-(1) Where agricultural produce is attached, the Certificate Officer shall make such arrangements for the custody thereof as he may deem sufficient, and for the purpose of enabling the Certificate Officer to make such arrangements, every application for the attachment of a growing crop shall specify the time at which it is likely to be fit to be cut or gathered and the applicant shall deposit in Court such sum as the Court shall require in order to defray the cost of watching or tending the crop till such time.

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(3) Agricultural produce attached as a growing crop shall not be deemed to have ceased to be under attachment or to require re-attachment merely because it has been served from the soil.

(4) Where an order for the attachment of growing crop has been made at a considerable time before the crop is likely to be fit to be cut or gathered, the Certificate Officer may suspend the execution of the order for such time as he thinks fit, and may, in his discretion, make a further order prohibiting the removal of the crop pending the execution of the order of attachment.

(5) A growing crop which from its nature does not admit of being stored shall not be attached under this rule at any time less than twenty days before the time at which it is likely to be fit to be cut or gathered.

18. Attachment of debt, share, and other movable property not in possession of certificate-debtor.-(1) In the case of- (a) a debt not secured by a negotiable instrument,

(b) a share in the capital of a Corporation, or

(c) other movable property not in the possession of the certificate-debtor except property deposited in, or in the custody of, any Court, the attachment shall be made by a written order prohibiting,-

(i) in the case of the debt - the creditor from recovering the debt and the debtor from making payment thereof until the further order of the Certificate Officer;

(ii) in the case of the share - the person in whose name the share may be standing from transferring the same or receiving any dividend thereon;

(iii) in the case of the other movable property (except as aforesaid) - the person in possession of the same from giving it over to the certificate debtor.

(2) A copy of such order shall be affixed on some conspicuous part of the office of the Certificate Officer, and another copy shall be sent, in the case of the debt, to the debtor, in the case of the share, to the proper officer of the Corporation, and, in the case of the other movable property (except, as aforesaid), to the person in possession of the same.

(3) A debtor prohibited under clause (i) of sub-rule (1) may pay the amount! of his debt to the Certificate Officer, and such payment shall discharge him as' effectually as payment to the party entitled to receive the same.

19. Attachment of share in movables.-Where the property to be attached consists of the share or interest of the certificate-debtor in movable property belonging to him and another as co-owners, the attachment shall be made by a notice to the certificate-debtor prohibiting him from transferring the share or interest or charging it in any way.

20. Attachment of salary or allowances of public officer or servant of I Railway Company or Local Authority.-

(1) Where the property to be attached is the salary or allowances of a public officer or of a servant of a Railway Company or Local Authority, the Certificate Officer, whether the certificate-", debtor or the disbursing officer is or is not within the local limits of the Certificate Officer's jurisdiction, may order that the amount shall be withheld from such salary or allowances, either in one payment or by monthly installments as the Certificate Officer may direct; and, upon notice of the order to such officer as the State Government may, by notification in the Official Gazette, appoint in this behalf, the officer or other person whose duty it is to disburse such salary or allowances shall withhold and remit to the Certificate Officer the amount due under the order, or the monthly instalments, as the case may be.

(2) Where the attachable proportion of such salary or allowances is already being withheld and remitted to a Certificate Officer or to a Civil Court in pursuance of a previous and unsatisfied order of attachment, the officer appointed by the State Government in this behalf shall forthwith return the subsequent order to the Certificate Officer issuing it, with a full statement of all the particulars of the existing attachment;

(3) Every order made under this rule, unless it is returned in accordance with the provisions of sub-rule (2), shall, without further notice or other process, bind Central Government or the State Government or the Railway Company or Local Authority, as the case may be; and Central Government or the State Government or the Railway Company or Local Authority, as the case may be, shall be liable for any sum paid in contravention of this rule.

21. Attachment of negotiable instruments.-Where the property is a negotiable instrument not deposited in a Court nor in the custody of a public officer, the attachment shall be made by actual seizure, and the instrument shall be brought before the Certificate Officer and held subiect to hie; orrlPr,

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Provided that, where such property is in the custody of a Court, any question of title or priority arising between the certificate-holder and any other person, not being the certificate-debtor, claiming to be interested in such property by virtue of any assignment, attachment or otherwise, shall be determined by such Court.

23. Attachment of immovable property.-Where the property is immovable, no attachment need be made before sale.

24. Removal of attachment on satisfaction or cancellation of certificate.-Where-

(a) the amount due, with costs and all charges and expenses resulting from the attachment of any property or incurred in order to a sale, are paid to the Certificate Officer, or

(b) the certificate is cancelled, the attachment shall be deemed to be withdrawn, and, in the case of immovable property, the withdrawal shall, if the certificate-debtor so desires, be proclaimed at his expense, and a copy of the proclamation shall be affixed in the manner prescribed by rule 47, sub-rule (1).

MAINTENANCE AND CUSTODY, WHILE UNDER ATTACHMENTOF LIVESTOCK AND OTHER MOVABLE PROPERTY

25. Custody of property under attachment.-Under rule 15, the property seized will remain in the custody of the attaching officer or of one of his subordinates on his responsibility.

26. Removal of property to Court.-lf no suitable place can be found in the village for the safe custody of the attached property, the attaching officer shall remove the property to the Court at the certificate-holder's expense. In the event of the certificate-holder failing to provide the necessary funds, the attachment shall be withdrawn.

27. List of property under attachment.-Whenever attached property is kept at the place where it is attached, the officer shall forthwith report the fact to the Certificate Officer, and with his report shall forward an accurate list of the property seized, so that the Certificate Officer may thereon at once issue the proclamation of sale.

28. Debtor's consent to the sale of the property under attachment.-lf the debtor shall give his consent in writing to the sale of the property without awaiting the expiry of the prescribed term, the officer shall receive the same and forward it without delay to the Certificate Officer for orders.

29. Custody of property under attachment, while in Court.-When property is removed to the Court it shall be kept by the nazir on his own sole responsibility in such place as may be approved by the Certificate Officer. If the property cannot, from its nature or bulk, be conveniently kept in the Court premises, or in the personal custody ofthe nazir, he may, subject to approval by the Certificate Officer, make such arrangements for its safe custody under his own supervision as may be most convenient and economical and the Certificate Officer may fix the remuneration to be allowed to the persons, not being officers of the Court, in whose custody the property is kept.

30. Clam of any person other than the certificate-holder to the property under attachment.-When property remains at the place where it is attached in the custody of the attaching officer, and any person other than the certificate-debtor shall claim the same, or any part of it, the officer shall nevertheless, unless the certificate- holder desires to withdraw the attachment of the property so claimed, remain in possession, and shall direct the claimant to prefer his claim to the Certificate Officer.

31. Withdrawal of attachment.-lf the certificate-holder shall withdraw an attachment, or if it be withdrawn under rule 26 or rule 33, the attaching officer shall inform the debtor, or in his absence, an adult member of his family, that the property is at his disposal.

In the absence of any person to take charge of it, or in case the officer shall have had notice of claim by a person other than the certificate-debtor, the officer shall, if the property has been moved from the premises in which it was seized, replace it where it was found at the time of seizure.

32. Feeding and tending of livestock under attachment.-Whenever livestock is kept at the place where it has been attached, the certificate-debtor shall be at liberty to undertake the due feeding and tending of it, under the supervision of the attaching officer, but the latter shall, if required by the certificate-holder, and on his paying for the same, at a rate to be fixed by the Certificate Officer, engage the services of as many persons as may be necessary for the safe custody of it.

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34. Responsibility ofthe naz/r for safe custody and proper feeding.-When attached livestock is brought to Court, the nazir shall be responsible for the safe custody and proper feeding of it so long as the attachment continues.

35. Custody of livestock in Government pounds.-lf there be a Government pound in or near the place where the Court is held, the nazir shall be at liberty to place in it such attached livestock as can be properly kept there in which case the pound-keeper will be responsible for the property to the nazir, and shall receive the same rates for accommodation and maintenance thereof as are paid in respect of impounded cattle of the same description.

36. Responsibility of the nazir for the custody of livestock. -If there be no pound available, or if, in the opinion of the Certificate Officer, if it be inconvenient to lodge the attached livestock in the pound, the nazir may keep it in his own premises, or he may entrust it to any person selected by himself and approved by the Certificate Officer. The nazir will in all cases remain responsible for the custody of the property.

37. Rates to be allowed for the custody and maintenance of various descriptions of livestock.-The Certificate Officer shall, from time to time, fix the rates to be allowed for the custody and maintenance of the various descriptions of livestock with reference to seasons and local circumstances. The Deputy Commissioner may make any alterations he deems fit in the rates so prescribed.

38. Fees to be charged where process of attachment of movable property is by actual seizure.-(1) Where process of attachment of movable property by actual seizure is issued, fees at the following rates shall be charged, and the officer deputed to attach such property shall be furnished with a certificate stating the period for which the fees in accordance with this rule have been paid :

case exceeds Rs. 1,000 attachment.

(b) for each man necessary to ensure safe 0 6 0 custody of property so attached, when such man is actually in possession per diem

(ii) When the amount or (a) for the seizure under the order of 1 0 0 value of the subject-matter of attachment.

the case is Rs. 1,000 or under,

but above Rs. 50-

b) for each man necessary to ensure the 0 4 0 safe custody of property so attached, when such man is actually in possession, per diem

iii When the amount under (a) for the seizure under the order of 0 8 0 certificate is Rs 50 or under - attachment

(b) for each man necessary to ensure the 0 4 0 safe custody of property so attached, when such man is actually in possession, per diem

(2) When process of attachment is issued in a number of cases relating to the same or neighbouring villages, the fee (a) referred to above must be paid in each case, and the daily fee (b) only for the men actually employed. The daily fee (b) is to be paid at the time of obtaining the process for so many days as the Certificate Officer shall order, not being ordinarily less than fifteen days, and the number of days required for the coming and going of the attaching officer; but where the officer is not to be left in possession, then the daily fee is be paid only for the time to be occupied by the officer going, effecting the attachment and returning. When the inventory filed by the certificate holder shows the property to be of such small value, that the expense of keeping it in custody may probably exceed the value, the Certificate Officer shall fix the daily fee with reference to the provisions of rule 15:

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(3) The fees prescribed by this rule shall be payable in advance at a time when the petition for service or execution is presented, and shall be paid by means of court fee stamps affixed to the petition in addition to the stamps necessary for its own validity.

INVESTIGATION OF CLAIMS AND OBJECTIONS

39. Investigation by Certificate Officer.-(1) Where any claim is preferred to, or any objection is made to the attachment or sale of, any property in execution is made of a certificate, on the ground that such property is not liable to such attachment or sale, the Certificate Officer shall proceed to investigate the claim or objection:

Provided that no such investigation shall be made, where the Certificate Officer considers that the claim or objection was designedly or unnecessarily 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 upon such terms as to security or otherwise, as the Court shall deem fit.

40. Evidence to be adduced.-The claimant or objector must adduce evidence to show that-

(a) (in the case of immovable property) at the date of the service of the notice under section 7, or

(b) (in the case of movable property) at the date of the attachment, he had some interest in, or was possessed of, the property attached.

41. Release of property from attachment or sale.-Where, upon the said investigation, the Certificate Officer is satisfied that, for the reason stated in the claim or objection, such property was not,-

(a) (in the case of immovable property) at the date of the service of the notice under section 7, 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 for him or in the occupancy of a tenant or other person paying rent to him, or that, being in the possession of the certificate-debtor at the said date, it was so in his possession, not on his own account or as his own property, but on account of or in trust for some other person, or partly on his own account and partly on account of some other person, the Certificate Officer shall make an order releasing the property, wholly or to such extent as he thinks fit, from attachment or sale.

42. Disallowance of claim to property attached.-Where the Certificate Officer is satisfied that the property was, at the said date, in the possession of the certificate debtor as his own property and not on account 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 person paying rent to him, the Certificate Officer shall disallow the claim.

43. Saving of suits to establish right to attached property.-Where a claim or an objection is preferred, the party against whom an order is made may institute a suit in a Civil Court to establish the right which he claims to the property in dispute, but, subject to the result of such suit (if any), the order shall be conclusive.

SALE GENERALLY

44. Power to order sale of attached property.-Any Certificate Officer executing of a certificate may order that any property liable to sale, or such portion thereof as may seem necessary to satisfy the certificate, shall be sold.

45. Sale of movable property falling under rule 15 or of value not exceeding Rs. 40 or greater value.-Sales of property under the proviso to rule 15 and of movable property not exceeding forty rupees in value, shall be held on the spot. Such sales will necessarily be conducted by peons when they are attaching officers. Sales of movable property of greater value can, under rule 46, take place only after the issue of a proclamation, but they may be held on the spot or at the sadar or sub divisional headquarters, as may seem convenient and conducive to the securing of good prices, provided that the place and time of sale are notified in the proclamation. For such sales officers of higher rank than peons should always be deputed when the value of the property is estimated to exceed Rs. 50 and proclamation should be issued. When the value is between Rs. 40 and Rs. 50, the Deputy Commissioner or Certificate Officer may, by a special order, depute a peon, if he considers it desirable to do so.

46. Proclamation of sale by public auction.-(1) Where any immovable property, or any movable property exceeding Rupees Twenty in value, is ordered to be sold by public auction, the Certificate Officer shall cause a proclamation ofthe intended sale to be made in the language of the Courts of the district.

(2) Such proclamation shall be drawn up after notice, to the certificate-debtor, and shall state the time and place of sale, and shall specify as fairly and accurately as possible,- (a) the property to be sold;

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{d) any other thing which the Certificate Officer considers it material for a purchaser to know in order to judge of the nature and value of the property.

(3) Where a tenure, or a rayati holding at fixed rates, situated in an area in which Chapter XIV of the Bengal Tenancy Act, 1885 (VIII of 1885), is in force, is to be sold in execution of a certificate for arrears of rent due in respect thereof, the said proclamation shall also state that the tenure or holding will first be put up to auction subject to registered and notified encumbrances, and will be sold subject to those encumbrances if the sum bid is sufficient to liquidate the amount specified in the certificate, and costs, and that otherwise it will, if the certificate-holder so desires, be sold on a subsequent day, of which due notice will be given, with power to annul all encumbrances.

(4) Where an occupancy holding, situated in an area in which Chapter XIV of the Bengal Tenancy Act, 1885, is in force, is to be sold in execution Of a certificate for arrears of rent due in respect thereof, the said proclamation shall also state that the holding will be sold with power to annul all encumbrances.

(5) Where the certificate-holder is a co-sharer landlord and the certificate is for his share of the rent only, the provisions of sub-clauses (3) and (4) shall not apply.

(6) For the purpose of ascertaining the matters to be specified in the proclamation, the Certificate Officer may summon any person whom he thinks necessary to summon, and may examine him in respect to any such matters and require him to produce any document in his possession or power relating thereto.

47. Mode of making proclamation.-(1) Every proclamation for the sale of immovable property shall be made at some place on or near such property by beat of drum or other customary mode, and a copy of the proclamation shall be affixed on a conspicuous part of the property and also upon a conspicuous part of the office of the Certificate Officer.

(2) Where the Certificate Officer so directs, such proclamation shall also be published in the Official Gazette or in a local newspaper, or in both; and the cost of such publication shall be deemed to be costs of the sale.

(3) If a tenure, a raiyati holding at fixed rates or an occupancy holding situated in an area in which Chapter XIV of the Bengal Tenancy Act, 1885 {VIII of 1885), is in force, is to be sold in execution of a certificate for arrears of rent due in respect thereof, the proclamation shall also be published in the Malkachari or rent office of the estate and at the local than a.

(4) Where property is divided into lots for the purpose of being sold separately, it shall not be necessary to make a separate proclamation for each lot, unless proper notice of the sale cannot, in the opinion of the Certificate Officer, otherwise be given.

48.Time of sale.-Save in the case of property of the kind described in the proviso to rule 15, no sale hereunder shall, without the consent in writing of the certificate-debtor, take place until after the expiration of at least thirty days in : the case of immovable property, or of at least fifteen days in the case of movable property exceeding forty rupees in value, calculated from the date on which a. copy of a sale proclamation has been affixed in a conspicuous part of the office of the Certificate Officer or in a case of immovable property in a conspicuous part of the property whichever is later:

Provided that if a tenure, a raiyati holding at fixed rates or an occupancy holding situated in an area in which Chapter XIV of the Bengal Tenancy Act, 1885 {VIII of 1885), is in force, is to be sold in execution of a certificate for arrears of rent due in respect thereof, the sale shall not, without the consent in writing of the certificate- debtor, take place until after the expiration of at least thirty days, calculated from-

(a) the date on which a copy of the sale proclamation has been affixed in a conspicuous part of the office of the Certificate Officer, or (b) the date on which the sale proclamation has been published in the Malkachari or rent office of the estate and at the local than a, whichever is later.

49. Purchase of property by the certificate-holder.-(1) No holder of a certificate in execution of which property is sold shall, without the express permission of the Certificate Officer, bid for or purchase the property.

(2) Where certificate-holder purchases with such permission, the purchase money and the amount due on the certificate may be set off against one another, and the Certificate Officer executing the certificate shall "enter up satisfaction of the certificate in whole or in part accordingly.

{3) Where a certificate-holder purchases, by himself or through another person, without such permission, the Certificate Officer may, if he thinks fit, on the application of the certificate-debtor or any other person whose interests are affected by the sale, by order set aside the sale; and the costs of such application and order, and any deficiency of price which may happen on the re-sale and, all expenses attending it, shall be paid by the certificate-holder.

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50. Adjournment or stoppage of sale.-(1 )The Certificate Officer may, in his discretion, adjourn any sale hereunder to a specified day and hour; and the officer conducting any such sale may in his discretion adjourn the sale, recording his reasons for such adjournment:

Provided that, where the sale is made in, or within the precincts of, the office of the Certificate Officer, no such adjournment shall be made without the leave of the Certificate Officer.

(2) Where a sale is adjourned under sub-rule (1) for a longer period than one calendar month a fresh proclamation under rule 47 shall be made unless the certificate debtor consents to waive it.

(3) Every sale shall be stopped if, before the lot is knocked down, the debt and costs (including the costs of the sale) are tendered to the officer conducting the sale, or proof is given to his satisfaction that the amount of such debt and costs has been paid to the Certificate Officer who ordered the sale.

51. Defaulting purchaser answerable for loss on re-sale.-Any deficiency of price which may happen on a re- sale by reason of the purchaser's default, and all expenses attending such re-sale, shall be certified to the Certificate Officer by the officer or other person holding the sale, and shall, at the instance of either the certificate-holder or the certificate-debtor, be recoverable from the defaulting purchaser under the procedure provided by this Act:

Provided that no such application shall be entertained unless made within 15 days from the date of re-sale.

52. Restriction on bidding or purchase by officers.-No officer or other person having any duty to perform in connection with any sale shall, either directly or indirectly, bid for, acquire or attempt to acquire, any interest in the property sold.

53. Levy of poundage fees : 1 Poundage fees shall be leviable in Court-fee stamps in all cases of sale under the Bengal Public Demands Recovery Act, 1913, at the rate of two per cent on the gross amount realised by the sale upto Rs 1000 and at the rate of one per cent, on all excess of gross proceeds beyond Rs. 1,000 :

Provided that where a sale of immovable property is set aside under s.25,sub-s (2) of the act, any poundage or other fee charged for selling the property shall, on application, be refunded.

(2) The percentage be calculated on· multiples of Rs. 25, that is to say, a poundage fees of 8 annas shall be levied for every Rs. 25 or part of Rs 25. realised by the sale up to Rs,1,000, and in the case of the proceeds of the sale exceeding Rs, 1,000,a fee of 4 annas for every Rs.25 - or part thereof the excess proceeds above Rs. 1,000, shall be levied,

(3) In case in which several properties are sold in satisfaction on one certificate, only one poundage fee, calculated on the gross sale proceeds,shall be levied, two per cent, being charged on the gross sale proceeds upto Rs. 1,000 and one per cent, on the cases over Rs. 1,000 of such proceeds.

(4) The proceeds of a sale effected in execution of any certificate may, be paid out of Court only on· an application made for that purpose in writing and the poundage fee for selling the property must be paid by stamps affixed to the first of such application whether it be,or be not, made by the person who obtained the order for sale, or whether it does or · does not, extend the whole of the proceeds.No fee shall be chargeable upon any such application subsequent to the first.

(5) In case in which the certificate holder applies for leave to purchase under R. 49, sub-R, (1), no order to set-off the purchase-money against the amount of certificate shall be made upon the application for leave to purchase. Such order shall be made upon a petition presented after the property has been knocked down to the certificate holder at the auction sale, and such petition shall be stamped of the value of the poundage fee due for selling the property.

54. Addition of costs, etc., to cer;tificate and payment by certificate-holder of purchase money in excess of the amount of certificate.-Upon thel rearing of the petition referred to in rule 53, sub-rule (6), the costs of execution, including the poundage fe0hajJ be added to the certificate; and in cases in which the amount of the purchase-money exceeds the amount otth~rtificate and such costs, the certificate holder-auction- purchaser shall pay to the Certificate Officer the sum of 25 percent, on the balance of the purchase-money after deducting the amount of the certificate and of such costs, and shall pay the balance on or before the fifteenth day from the sale in accordance with rule 69"-

SALE OF MOVABLE PROPERTY

55. Sale of agricultural produce.-(1) Where the property to be sold is agricultural produce, the sale shall be held,-

(a) if such product is a growing crop - on or near the land on which such crop has grown, or

(b) if such produce has been cut or gathered - at or near the threshing-floor or place for treading out grain or the like, or fodder-stack, on or in which it is deposited:

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(2) Where, on the produce being put up for sale,-

(a) a fair price, in the estimation of the person holding the sale, is not offered for it, and

(b) the owner of the produce, or a person authorised to act in his behalf, applies to have the sale postponed till the next day or, if a market is held at the place of sale, the next market day, the sale shall be postponed accordingly, and shall be then completed, whatever price may be offered for the produce.

56. Special provisions relating to growing crops.-(1) Where the property to be sold is a growing crop and the crop from its nature admits of being stored but has not yet been stored, the day of the sale shall be so fixed as to admit of the crop being made ready for storing before the arrival of such day, and the sale shall not be held until the crop has been cut or gathered and is ready for storing.

(2) Where the crop from its nature does not admit of being stored or can be sold to a greater advantage in an unripe state (e.g. as green wheat), it may be sold before it is cut and gathered; and the purchaser shall be entitled to enter on the land, and to do all that is necessary for the purpose of tending or cutting or gathering the crop.

57. Sale by public auction.-(1) Where movable property is sold by public auction, the price of each lot shall be paid at the time of sale or as soon after as the officer or other person holding the sale directs, and in default of payment the property shall forthwith be resold.

(2) On payment of the purchase-money, the officer or other person holding the sale shall grant a receipt for the same, and the sale shall become absolute.

(3) Where the movable property to be sold as a share in goods belonging to the certificate-debtor and a co- owner, and two or more persons, of whom one is such co owner, respectively did the same sum for such property or for any lot, the bidding shall be deemed to be the bidding of the co-owner.

58. Irregularity not to vitiate sale, but any person injured may sue.-No irregularity in publishing or conducting the sale of movable property shall vitiate the sale; but any person sustaining substantial injury by reason of such irregularity at the hand of any other person may institute a suit in Civil Court against him for compensation, or (if such other person is the purchaser) for the recovery of the specific property and for compensation in default of such recovery

59. Delivery of movable property, debts and shares.-(1) Where the property sold is movable property of which actual seizure has been made, it shall be delivered to the purchaser.

(2) Where the property sold is movable property in the possession of some person other than the certificate- debtor, the delivery thereof to the purchaser shall be made by giving notice to the person in possession prohibiting him from delivering possession of the property to any person except the purchaser.

(3) Where the property sold is a debt not secured by a negotiable instrument or is a share in a Corporation, the delivery thereof shall be made by a written order of the Certificate Officer prohibiting the creditor from receiving the debt or any interest thereon, and the debtor from making payment thereof to any.person except the purchaser, or prohibiting the person in whose name the . share may be standing from ';!)~ng any transfer of the share to any person except the purchaser or receiving payment of any oividend opi9terest thereon, and the manager, secretary or other proper officer of the Corporation from permitting 9 :9fsuch transfer or making any such payment to any person except, the purchaser. /;f:/^{,: 'r} : ,

60. Transfer of negotiable instruments and shares.-(1) Where the execy~·~ of a document, or the endorsement of the party in w~~;-~ name a negotiable instrume~~sliar~ i~ a Corporation is.standing, is required to transfer SU~~, ~,,ofiable instrument or share, the J~ep~1ty Comm1ss1~ner,. or such officer as he may -appolnt in thJ~,g~n~lf! mav execute such document or make 5/ucJ7·'endorsement as .. ~ay be necessar~ ~nd such exec~li.Q.q_kf~~ndoise'ment shall have the same effect as an ex'&ution or endors,e.ment by the pa~ty. ~ ;·-.: '.

,., I dr·;~Ch ~XeCUtiOn Or endorsement may be in the follOWi( g form, namely:_- · r AB, by c D, Deputy Commissioner of the district of in a p(oceeding under the_Beng~~-P~bltc Demands Recovery Act, 1913 (Ben. Act Ill of 1913), against AB.^.,

(3) Until the transfer of such negotiable instrument or~ are, the Certificat~_Officer may, by order, appoint some person to receive any interest or dividend due thereon, and ~ro ~igr'I a receipt for th~ same; and any receipt so signed shall be as valid and effectual for all purposes a~ '\ the same had been signed by the party himself.^{1 ·}

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SALE OF IMMOVABLE PROPERTY·

62. Sale of tenure or holding at fixed rates, subject to registered and notified encumbrances.-(l)When a tenure or a holding at fixed rates, situated in an area in which Chapter XIV of the Bengal Tenancy Act, 1885 (VIII of 1885), is in force, has been advertised under rule 46 for sale in execution of a certificate for arrears of rent due in respect thereof, it shall be put up to auction subject to registered and notified encumbrances; and, if the bidding reaches a sum sufficient to liquidate the amount of the certificate and the costs of the sale, the tenure or holding shall be sold subject to such encumbrances.

(2) The purchase at such sale may, in manner provided by section 167 of the Bengal Tenancy Act, 1885, and not otherwise annul any encumbrance upon the tenure or holding, not being a registered and notified encumbrance.

63. Sale of tenure or holding at fixed rates, with power to avoid all encumbrances.

1) If the bidding for a tenure or a holding at fixed rates put up to auction under rule 62, does not reach a sum sufficient to liquidate the amount of the certificate and costs as aforesaid, and if the certificate-holder thereupon desired that the tenure or holding be sold with power to avoid all encumbrances, the person holding the sale shall adjourn the sale and make a fresh proclamation under rule 46 announcing that the tenure or holding will be put up to auction and sold with power to avoid all encumbrances, upon a future day specified therein, not less than fifteen or more than thirty days from the date of the postponement; and upon that day the tenure or holding shall be put up to auction and sold with power to avoid all encumbrances.

(2) The purchaser at a sale under this rule may, in manner provided by section 167 of the Bengal Tenancy Act, 1885 (VIII of 1885), and not otherwise, annul any encumbrance on the tenure or holding.

64. Sale of occupancy holding, with power to avoid all encumbrances.-(!) When an occupancy-holding, situated in an area in which Chapter XIV of the Bengal Tenancy Act, 1885, is in force, has been advertised under rule 46 for sale in execution of a certificate for arrears of rent due in respect thereof, it shall be put up to auction and sold with power to avoid all encumbrances.

(2) The purchaser at a sale under this rule may, in manner provided by section 167 of the Bengal Tenancy Act, 1885, and not otherwise, annul any encumbrance on the holding.

65. Rules 62 to 64 not to apply in certain cases to certificate-holders who are co sharer landlords.-Where the certificate-holder is a co-sharer landlord and the certificate is for his share of the rent only, the provisions of rules 62, 63 and 64 shall not apply.

66. Postponement of sale to enable certificate-debtor to raise amount due under certificate.-(!) Where an order for the sale of immovable property has been made, if the certificate-debtor can satisfy the Certificate Officer that there is reason to believe that the amount of the certificate may be raised by the mortgage or lease or private sale of such property, or some part thereof, or of any other immovable property of the certificate-debtor, the Certificate Officer may, on his application, postpone the sale of the property comprised in the order for sale, on such terms and for such period as he thinks proper, to enable him to raise the amount.

(2) In such case the Certificate Officer shall grant a certificate to the certificate-debtor, authorizing him, within a period to be mentioned therein, and notwithstanding anything contained in section 8 or section 18, to make the proposed mortgage, lease or sale:

Provided that all moneys payable under such mortgage, lease or sale shall be paid, not to the certificate- debtor, but to the Certificate Officer:

Provided also that no mortgage, lease or sale under this rule shall become absolute until it has been confirmed by the Certificate Officer.

67. Prohibition of purchase of tenure or holding by certificate-debtor.-(!) When a tenure or holding, situated in an area in which Chapter XIV of the Bengal Tenancy Act, 1885, is in force, is put up for sale in execution of a certificate for arrears of rent due in respect thereof, the certificate-debtor shall not bid for or purchase the tenure or holding.

(2) If a certificate-debtor purchases, by himself or through another person, a tenure or holding so sold,, the Certificate Officer may, if he thinks fit, on the application of the certificate-holder or any other person interested in the sale, by order, set aside the sale; and the costs of the application and order, and any deficiency of price which may happen on the re-sale, and all expenses attending it, shall be paid by the certificate debtor.

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69. Time for payment of purchase-money in full.- The full amount of purchase money payable shall be paid by the purchaser to the Certificate Officer on or before the fifteenth day from the sale of the property. ' /

70. Procedure in default of payment.-ln default of payment within the period mentioned in rule 69, the deposit may, if the Certificate Officer thinks fit, after defraying the expenses of the sale, be forfeited to the Government, and the property shall be resold, and the defaulting purchaser shall forfeit all claims to the property or to any part of the sum for which it may subsequently be sold.

71. notification on re-sale.-Every re-sale of immovable property, in default of payment ofthe purchase- money within the period allowed for such payment, shall be· made after the issue of a fresh proclamation in the manner and for the period herein before prescribed for the sale.

72. Bid of co-sharer to have preference.-Where the property sold is a share of undivided immovable property, and two or more persons, of whom one is a co-sharer, respectively bid the same sum for such property or for any lot, the bid shall be deemed to be the bid of the co-sharer.

73. Return of purchase-money in certain cases.-Where a sale of immovable property is set aside, any money paid or deposited by the purchaser on account of the purchase, together with the penalty (if any) referred to in clause (b) of section 22, and such interest as the Certificate Officer may allow, shall be paid to the purchaser.

74. Certificate to purchaser.-(1) Where a sale of immovable property has become absolute, the Certificate Officer shall grant a certificate specifying the property sold and the name of the person who at the time of sale is declared to be the purchaser.

(2) Such certificate shall bear date the day on which the sale became absolute.

75. Delivery of property in occupancy of certificate-debtor.-Where the immovable property sold is in the occupancy of the certificate-debtor, or of some person on his behalf, or of some person claiming under a title created by the certificate-debtor subsequently to the service of the notice issued under section 7, and a certificate in respect thereof has been granted under rule 74, the Certificate Officer shall, on the application of the purchaser, order delivery to be made by putting such purchaser, or any person whom he may appoint to receive delivery on his behalf, in possession of the property, and, if need be, by removing any person who refuses to vacate the same.

76. Delivery of property in occupancy of tenant or other person.-Where the property sold is in the occupancy of a tenant or other person entitled to occupy the same, and a certificate in respect thereof has been granted under rule 74, the Certificate Officer shall, on the application of the purchaser, order delivery to be made by affixing a copy ofthe certificate of sale in some conspicuous place on the property, and proclaiming to the occupant by beat of drum or other customary mode, at some convenient place, that the interest of the certificate-debtor has been transferred to the purchaser.

ARREST AND DETENTION

77. Discretionary power to permit certificate debtor to show cause against detention in prison : (I} The Certificate Officer may, before issuing a warrant for the arrest of the certificate debtor, issue a notice calling upon him to appear before the Certificate Officer, on a day to be specified in the notice and show cause why he should not be committed to the civil prison.

(2) Where appearance is no made in obedience to the notice, the Certificate Officer may issue a warrant for the arrest of the certificate debtor.

78. Subsistence allowance.-(1) When a certificate has been signed either in accordance with the provisions of section 4, or on a requisition made under section 5, no certificate-debtor shall be arrested in execution of the certificate unless and until the certificate-holder pays into Court such sum as the Certificate Officer thinks sufficient for the subsistence of the certificate-debtor from the time of his arrest until he can be brought before the Certificate Officer.

(2) When a certificate-debtor is committed to the civil prison in execution of a certificate, the Certificate Officer shall fix for his subsistence such monthly allowance as he may be entitled to according to the scale fixed by the State Government for the subsistence of arrested judgment-debtors, or, where no such scale has been fixed, as the Certificate Officer considers sufficient with reference to the class to which the certificate- debtor belongs.

(3)The monthly allowance fixed by the Certificate Officer, shall be supplied, by the person upon whose requisition the certificate was signed, by monthly payments in advance before the first day of each month.

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(5) Sums disbursed by the certificate-holder for the subsistence of the certificate-debtor in the civil prison shall be deemed to be costs in the proceeding:

Provided that the certificate-debtor shall not be detained in the civil prison or arrested on account of any sum so disbursed.

SUPPLEMENTAL

79. Register of certificates.-(1) Every Certificate Officer shall cause to be kept in his office a register of certificates filed in his office under this Act, and shall cause particulars of all such certificates to be entered in such register.

(2) Such register shall be open during office hours, for not less than two hours daily, and at such time as may be fixed by the Deputy Commissioner, for inspection by , any person who desires to inspect the same; and a fee of one anna shall be chargeable for every such inspection.

80. Payment by instalments.-(1) Payment of the amount due under any certificate may be made by instalments, if the Certificate Officer in whose office the certificate is filed so directs.

(2) The payment of every such instalment shall be entered in the register referred to in rule 79.

81. Remittance to Certificate Officer of sums received under a certificate transferred for execution.-(1) When a copy of a certificate has been sent to another officer under section 12, sub-section (1), all sums except Government demands, received by such officer under such certificate shall be remitted by him to the Certificate Officer in whose office the original certificate is filed.

82. Entry of satisfaction.-When the whole or any portion of the amount due under a certificate has been realized, the Certificate Officer in whose office the original certificate is filed shall cause an entry of the fact to be made upon the certificate and in the register referred to in rule 79.

83. Communication of satisfaction to other persons.-When a copy of a certificate has been sent to another officer under section 12, sub-section (1), or when a certificate has been signed upon a requisition, any satisfaction n of the certificate, whether in whole or in part shall be certified to such officer, or to the sender of such requisition, as the case may be.

83A. Exemption of requisitions from Liquidator of Co-operative Societies from ad valorem fee.-Requisitions from a Liquidator of Cooperative Societies appointed under section 90 of the Bengal Co-operative Societies Act, 1940 (Ben. Act XXI of 1940), submitted under rule 139 of the Bengal Co-operative Societies Rules, 1942, shall be treated as applications from a Government officer, and shall accordingly be exempt from ad valorem fee.

84. Forms in Appendix.-The Forms set forth in the Appendix shall be used, with such variations as circumstances may require.

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. . [See Sections 4 and 6] [Filed in the office of the Certificate Officer off Name of Name and ······························ (nam eo f di1 s t n · c t] Name and Amount certificate of public address of demand address Further of [including interest, if any, and certificate : ertificate particulars of including the fee paid under S holder debtor the public 5, sub-s. (2) if any] for which demand for this certificate is which this

signed, and period for which certificate.

such demand is due is signed

1 2 3 4 5

;- ·h·~;-~·;;; -~~~;fy·;j;·~·; ·;;;~ ·; b~~~~;;; ~~;;~~-~d. ;~ -;;;·~f -~~::: ::: :::: ::::::: ·: ;~· ;;~~ ·;~ ;;; ~. ;;;~~~ -~~;;;-~d ::: ::: : : from the above-named .

(if the certificate is signed on requisition and sent under s. 5 add ). '

I further certify that the above-mentioned sum of Rs · · ti bl d h ·

recovery by suit is not barred by law. ................................... rs JUS y recovera e an t at rts

Dated this day of 19 ..

A. B.,

Certificate Officer of .

FORM No. 2

[See Sections SJ [To the Certificate Officer of the District of Name of ········································ address Amount of public demand certificate Name of the of certificate public demand and for for which this requisition is debtor debtor which this requisition is made made.

1 2 3 4

I request you to recover the above-mentioned sum of Rs which I am satisfied after inquiry, is due from the said in respect of .

Verified by me on the : day of 19 ..

A. B.,

(Designation) .

FORM No. 3

Notice to Certificate Debtor See Section 7]

To, ... (Name of Certificate Debtor) You are hereby informed that a certificate against you for Rs ........ due from you on account of has this cay been filed in my office, under section the Bengal Public Demands Recovery Act, 1913; If you deny your liability to pay the said sum of Rs ........ you may within the said thirty days from the service of this notice,file in my office a petition denying liability,in whole or in part; If within the said thirty days you fail to file such petition or if you fail to show cause or do not show sufficient cause, why such certificate should not be executed ; it will be executed under the provisions of the said Act, unless you pay Rs ..... (Rs ....... )on account ofthe demand and Rs .......... on account of costs of realization) into my office. Until the said amount is so paid, you are hereby prohibited from alienating your immovable property, or any part of it, by sale, gift, mortgage or otherwise ;

If you, in the meantime, conceal, remove or dispose of any part of your movable property, the certificate would be executed immediately.

A : Copy of the certificate above-mentioned is hereto annexed.

You may remit the amount by money order quoting the number and year of the certificate. Dated this ...... day of, 19 .

A.B.

Certificate Officer of .

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[See Section 9] To

The Certificate Officer of . The humble petition of (name of petitioner) of (address)

SHEWETH:-

That a certificate No of ···················(year), for the sum of has been filed against your petitioner in your under sections of the Bengal Public Demands Recovery Act, 1913. That your petitioner respectfully denies his liability to pay the said sum of Rs ( or where the liability of part is admitted, denies his liability to .pay more than Rs ), and this is for the following reasons :

That the facts above stated are true to the best of your petitioner's knowledge and belief. Your petitioner therefore respectfully prays that the said certificate may be set aside (or modified or varied).

A.B.

Petitioner

FORM No. 5

Notice to show cause why sale should not be set aside [See Proviso to Section 25 (2))

To

Whereas the under-mentioned property was sold on the ··· ············ day 19 , in execution of Certificate No ···············, dated the··················, 19··· ··· ··· ···,and whereas- · · ··· · · · · ·· ·· · · ·· ·····the certificate holder (or the Certificate Debtor) ' applied to me to set aside the sale of the said property on the ground · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ·

Take notice that if you have any cause to show why the· said application should not be granted, you should appear with your proofs in this office on the, ' day of 19 when the said application will be heard and determined.

Given under the seal of the Court, this · · · .. · · · · · · · .. · · ·day of 19 .

Description of Property

Certificate Officer.

FORM No. 6 Summons to appear and answer charge of obstructing execution of certificate

{See Section 27 (2)] Certificate No of 19 . To

Whereas the certificate holder in the above certificate has complained to this Court that you have resisted (or obstructed) the officer charged with the execution of the warrant for possession; You are hereby summoned to appear in this Court on the day of 19 at am,to answer the said complaint.

Given under the seal of the Court, this· · · · · · · · · day of jg .

Certificate Officer

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Warrant of Committal [See Section 23] To

The Officer-in-charge of the Civil Prison at .

Whereas the under mentioned property has been sold to the purchaser at auction sale in execution of certificate case No dated 19 and whereas the Court is satisfied that.. without any just cause resisted (or obstructed) and is still resisting (or obstructing) the said -in obtaining possession of the property, and whereas the said has made application to this Court that the said be committed to the civil prison ;

You are hereby commanded and required to take and receive the said into the civil prison and to keep him imprisoned therein for the period of days.

Given under the seal of the Court, this day of 19 ..

Certificate Officer

FORM No. 8 Warrant of Arrest

[See Section 29] To

Whereas a certificate NO -was filed in this office on the 19 -under section of Bengal Public Demands Recovery Act 1913 against certificate debtor, and the sum of... . as noted below is due from him in respect of the said certificate:

·············································································································· Original demand: ... Rs a. p.

Interest

Cost of execution

Total

··························································································································· And whereas the said sum of Rs has not been paid to the certificate holder in- satisfaction of the said certificate ;

These are to command you to arrest the said certificate debtor and unless the said certificate debtor shall pay to you the said sum of Rs together with Rs -for the costs of executing this process, to bring him before the Court with all convenient speed;

You are further commanded to return this warrant on or before the day of 19 , with

an endorsement certifying the day on which and the manner in which it has been executed, or the reason why it has not been executed.

Dated this- .. ·····day of.. 19 .

Certificate Officer.

FORM No. 9

Order committing certificate debtor to the civil prison [See Section 29]

To

The Officer-in-charge of the Civil Prison at .. Whereas , who has been brought before me this .. ······· day of- 19 , under a warrant in execution of certificate No ......... filed in this office on the·_ ....... , 19 ..... , under section,,,,,,,, of the Bengal Public Demands Recovery Act, 1913; and by which certificate it was ordered that the said Should pay, and whereas the said has not paid the said sum nor satisfied me that he is entitled to be discharged from custody ;

You are hereby commanded and required to take and receive the said -into the civil prison and keep him imprisoned therein for a period not exceeding· or until the said certificate shall be fully satisfied, or the said shall be otherwise entitled to be released according to the terms and provisions of S. 31 or S. 32 of the said Act;

And I hereby fix annas per diem as the rate of the monthly allowance for the subsistence of the said during his confinement under this order of committal.

Certificate Officer.

Dated this day of 19 .

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Order for the release e of person imprisoned in execution of a certificate [See Sections 31 and 32]

District .

Certificate No of 19· ·· ·· ·

To

The Officer-in-charge of the civil prison .

at ..

Under orders passed this day, you are hereby directed to set free certificate debtor, now in your custody.

Dated this day of 19 .

Certificate Officer.

FORM No.11

Notice to legal representative of certificate debtor [See Section. 43]

To

[Name of legal representative)

You are hereby informed that a certificate against deceased for Rs. ··· ·········due from him on account of was filed in this office on the 19 under section of the Bengal Public Demands Recovery Act, 1913 and that a demand of Rs , in respect of the said certificate proceeding is due from you as the legal representative of the said deceased. If you deny your liability to pay the sum of Rs , you may, within thirty days from the service of this notice, file in my office a petition denying liability, in whole or in part pa . If within the said thirty days, you fail to file such a petition,or if you fail to show cause, or do not show sufficient cause, why such certificate should not be executed, it will be executed, under the provisions of the said Act, unless you pay Rs , (Rs on account of demand and Rs on account of costs of realisation) into my office. Until the said amount is so paid, you are hereby prohibited from alienating your immovable property, or any part of it, by sale, gift. mortgage or otherwise. If you, in the meantime conceal, remove or dispose of any part of your movable property, the certificate will be executed immediately.

A copy of the certificate above-mentioned is hereto annexed. You may remit the amount by money- order quoting the number and year of the certificate:

Dated this -day of 19 ..

A. B.

Certificate Officer of .

FORM No. 11-A Warrant of attachment of movable property

[See Sections 13 and 14] To

Whereas a certificate No · was filed in this office on ·· 19 .. under section of the Bengal Public Demands Recovery Act, 1913 against.. certificate debtor and the sum of Rs as noted below, is due from him in respect of the said certificate :

···················································································································· Original Demand Rs. a. p.

Interest

Cost

Execution

Rs. a.

Total

.....................................................................................................................

and whereas the said sum of Rs has not been paid to the certificate holder in satisfaction of the said certificate These are to command you to attach the movable property of the said certificate debtor and unless the said certificate debtor shall pay to you the said sum of Rs ...... with Rs ...... , for the costs of executing this process, to hold the same until further order from the Court;

You are further commanded to return this warrant on or before the day of ...... 19 ...... , with 'an endorsement certifying the day on which and the manner in which it has been executed, or thereon why it has not been execu.ted.

Dated this day of· · · .. 19 .

Certificate Officer.

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