SIKKIM
GOVERNMENT
GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Gangtok Wednesday 25th June, 2008 No. 232
GOVERNMENT OF SIKKIM
LAW OEPARMTENT
GANGTOK
No: 14/LO/P/2008 Date: 24.06.2008
NOTIFICATION
The following Act of the Sikkim Legislative Assembly having received the assent 01the President on 16th
day of May, 2008 is hereby published.tor general information:-
THE SIKKIM PUBLIC DEMANDS RECOVERY ACT, 2006
(Act No.14 of 2006)
I(.~.(,.
AN
ACT
to make provisions for the recovery of public demands in Sikkim. Be it enacted by the Legislature of Sikkim in the Fifty-seventh Year of the Republic of India as follows:-
PRILlM1NARY
Short title, extent and
Commencement.
1. (1)
(2)
(3)
This Act may be called the Sikkim Public Demands Recovery Act 2006. It extends to the whole of Sikkim.
Itshall come into force at once.
Definitions.
2. In this Act, unless there is anything repugnant in the subject or context -
(a) "Certificate-debtor" means the person named as debtor in a Certificate filed under this Act and includes any person whose name is substituted or added as debtor by the Certificate Officer;
(b) "Certificate-holder" means the State Government or Corporation or Company owned or controlled by the State Government or any State Government Officer, Officer of the Corporation or any local authority in whose favour a Certificate has been filed under this Act and includes any person whose name is substituted or added as creditor by the Certificate Officer; \ J, .;.
.... ~..
1
(g)
Power of
3. (1)
Certificate Officer. -
(2)
5 of 1908
(a) (b) (c)
45 of 1860 Filing of Certificate 4.
(1)
for public demand.
(2)
(3)
(4)
Service of Notice
5.
and copy of certificate on certificate debtor. Effect of Service of
6.
Notice of Certificate.
(a) (b)
(c) "Certificate Officer" means the Collector of the District and includes any other officer appointed by the State Government by notification, to perform the functions of a Certificate Officer under this Act;
(d) "Moveable property" includes growing crops;
(e) "Notification" means a notification published irrthe Official Gazettee; (f)/ "Public Demand" means any money payable to or any liability (inclusive of interest) which is claimed as due from any person by the State Government or a Department or any Corporation or Compa.DYor the State Bank of Sikkim or any Local Authority; under any law 'for the time being in force or under a written agreement with the above authorities or institution or instrument or any Decree or Award of any Court or Authority competent to adjudicate the claims;
"The State Bank of Sikkim" means the State Bank of Sikkim incorporated under the State Bank of Sikkim Proclamation, 1968. /' Every Certificate Officer shall be deemed to be a Civil Court for the purpose of sections 345,346, and 347 of the Code of Criminal Procedure,
1973.
Every Certificate Officer may for the purpose of enquiry into any dispute relating to the issue of certificate for money shall have same powers as conferred on the Civil Court under the Code of Civil Procedure, 1908 in respect of-
enforcing attendance of any person and examining him on oath; compelling and production of documents and material objects; and issuing commissions for purpose of examination of witness and every inquiry shall be deemed to be a judicial proceeding within the meaning of Section 193 and 228 of the Indian Penal Code, 1860.
,. When the Certificate Officer is satisfied on an application made to him or otherwise that any public demand is due, he may sign a certificate irl such form as may be prescribed, stating that the demand is due, and shall cause the certificate to be filed in his office. Before signing the Certificate, a notice shall be issued to the person or persons from whom any money is due and if necessary hold an enquiry as it deems necessary.
The certificate issued under this Section shall be final and binding on the parties.
All proceeding under its section shall be completed within three months from the date of issue of notice to the opposite party. When a certificate has been filed in the office of Certificate Officer under Section 4, he shall cause to be served upon the certificate- debtor, a notice in the prescribed form and a copy of the certificate stating that the demand is due and shall be paid forthwith.
On and from the date of service of notice under Section 5 upon a certificate debtor-
any private transfer or delivery of any of his immovable property by certificate-debtor within the State of Sikkim shall be void against any claim enforceable in execution of the certificate, and
the amount due from time to time in respect of the certificate shall be a charge upon the immovable property of the certificate debtor, in preference to all other charge of liabilities created on that property.
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Who may execute Certificate. Transmission of , Certificate to another Certificate Officer for execution
Power of
attachment. Mode of execution. Interest, cost
and charges
recoverable.
7. A certificate filed under Section 4 may be executed by .-
(a) the Certificate Officer in whose office the original certificate is filed, or
(c) the Certificate Officer to whom a copy of the certificate issent for execution under sub-section (1) of Section 8.
8. (1) A Certificate Officer in whose office a certificate is filed may send a copy thereof, for execution, to any other Certificate Officer.
(2) When a copy of certificate is sent to any such Officer, he shall cause it to be filed in his office and thereupon the provision of section 6 with respect to certificate filed in the office of a Certificate Officer shall apply as if such copy were an original certificate:
Provided that it shall not be necessary to serve a second notice and copy under Section 5.
9. "IftheCertificate Officer,inwhose officeacertificateisfiled,issatisfied that the certificate-debtor is likely to conceal, remove or dispose of the whole or any part of such his movable property and that the realization of the amount of the certificate would in consequence be delayed or obstructed, he may at any time direct, for reasons to be recorded in writing, attachment of the whole or any part of such moveable property:
Provided that if the Certificate - debtor whose moveable property has been so attached, furnishes, security to the satisfaction of the Certificate Officer, such attachment shall be cancelled from the date on which such security is accepted by the Certificate Officer.
10. Subject to such conditions and limitations as may be prescribed, Certificate Officer may order execution of a Certificate -
(a) by attachment and sale, if necessary, of any property or, in the case of immovable property, by sale without previous attachment, or
(b) by attachment of any decree.
11. There shall be recoverable in the proceedings in execution of every certificate filed under this Act-
(a) \//Interest upon, the public demand to which the certificate relates, at the rate .> of twelve and a half per centum per annum from the date of signing of the certificate upon the date of realization,
(b) such costs as are directed to be paid by the Certificate Officer in his discretion as having been incurred for the service of notice under Section 5, and of warrants and other processes and all other proceedings taken for realizing the demand.
All property both moveable and immovable, belonging to certificate debtor, is liable to attachment and sale in exection of the Certificate. The Certificate Officer may attach the property by passing an order, and se~!ng upon the certificate debtor or any adult member of his family or by affiXing, the order on the front door of his house or place of residence. The movable property indicated in the order shall be taken into custody of the officer - in - charge of the nearest Police Station or out Post under the orders of the Certificate Officer.
(a) In the case of immovable property, the Certificate Officer shall publish the date and time of sale with the up-set price fixed in the Official Gazettee and on the date so fixed shall sell the immovable property by public auction.
(b) In the case of movable property, no such publication is required. The movable property maybe sold by public auction.
Property liable to 12. (1)
attachment and sale in execution of a (2) Certificate.
(3)
(4)
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Attachment of Decree.
Pure/laser's title, certificate of sale and delivery of possession. Setting aside sale. Person under 16. disability.
Procedure on death 17. of certificate-debtor.
13. (1)TheattachmentofadecreeofaCivil Courtorthepaymentofmoneyorfor sale enforcement of a mortgage or charge shall be made by the issue to the civil Court to stay the execution of the decree unless and until! _. the Certificate Officer cancels the notice, or
the certificate holder or the certificate debtor applies to the Court receiving such notice to execute the decree.
When a Civil Court receives an application under clause (b)ยท . of sub-section (I), it shall on an application of the certificate :-:-holder or the certificate - debtor, and subject to the provisions relating to execution of decree under the law relating to Civil Procedure proceed to execute the attached decree and apply the net proceeds in satisfaction f the certificate. 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.
(a)
(b)
(2)
(3)
Where property is sold in execution of a certificate, it shall vest in the purchaser with all the rights, title and interest of the certificate-debtor at the time of sale.
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 been vested in him-from the time when the property is sold, and not from the time, when the sale becomes absolute.
(3) 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 persons who at the time of sale declared to be the purchaser. Such certificate shall bear date of the day on which the sale becomes absolute.
(4) On the grant of certificate under sub-section (3), and on the application of the purchaser, the Certificate Officer shall order, delivery to be made by putting such purchaser or any person whom the purchaser may appoint to receive delivery on his behalf, in possession of the property and, if needed by removinq any persons who refuses to vacate the same.
14. (1)
(2)
15. Whenimmovable propertyhasbeensoldinexecutionofa certificate,the certificate-debtor or any person whose interest are affected by the sale may, 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 twelve and a half 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 ce-iturn of the purchase money, but not less than one rupee.
vvhen 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 him to be represented by any suitable person.
When the Certificate- debtor dies before the certificate has been fully satisfied, the Certificate Officer may, after serving a notice upon the \egal representatives of the deceased, proceed to execute the Certificate against such legal representatives and the provisions of this Act shall apply as if such notice was a notice under Section 4. The legal representative shall be liable only to the extent of the property of the deceased which has come to his hands.
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Protection to Officer.
Power to make rules.
Repeal and Saving Pending
proceedings.
18. No suit or other legal proceeding shall lie against a Certificate Officer for any act done or purported to have been done by him under the provisions of this Act.
19. The State Government may make rules for the purpose of carrying out and giving effect to all or any of the provisions of this Act.
20. (1) The Sikkim Public Demand Recovery Act, 1988 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken in exercise of the powers conferred by or under the provisions of that Act shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act as if this Act was in force on the day on which such thing was done or such action was taken.
21. All proceedings pending under the existing law for re-covery of public demand shall be deemed to have been the proceedings under this Act and the Certificate Officer shall continue the proceedings as though they were initiated under this Act. Pratibha Devisingh Patil
PRESIDENT OF INDIA
R.K. PURKAY ASTH.~ (SSJS) LR-cum-Secretary
Law Department
File No. 11(256) LD/08
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