Manipur act 004 of 2003 : The Manipur Public Demand Recovery Act, 2003

•

{4)< Every person·

arrested· iri

pursuanfo

·off-a

wartaat·ofarrest ·.issued'-under sub-section

(2)

or sub-sectioe

(3),

shall be

brought

before.the.

Certificate?fncer1lS ;?.PRn?tPf;S!i?ebte,a_B4, }?,.!.Y.¥JY??l .vyif?J!}Ws:n}yipM-f,. li,gg,?,pf]* ?-eiit

( e?lusivec of,i?htkti.fq-re9'1l¥r??,sr:·- j_q;;r;Q;t-};.,

_ Provided

that,

if

the

certificate-debtor pays the: amount entered in the warrant ofarrost as due under

certificate,

and the cost

of

arrest,

to the officer

arresting

him, such

officer shall at cnee release him.

(5) ^Whena

certificate-debtor appears; before^the

Certificate-officer in obedience to a notice to show cause or is

brought

before the

certificate-officer under sub-section

(4),

tho

Certificate

officer shall

proceed

to hear tho

-certificate- bolder

and take all such

evidence as

may be

produced

by

him in

support

of

his application ^forexecution

aiidshall^then

give

the

certificate debtor an

opportunity of

showing

cause

why

heshould' not be

committed to

the civil

prison.

(6) Notwithstanding anythingcontainedⁱⁿthe Criminal Procedure

Code, 1973, pending

the

conclusion

of ^the

inquiry

under

Sl1b-sectionJ5),.

the

Certificate- officer may, in his

discretion,

order the

certificate-debtor to be detained in the

custody

of such

officer,· as 'the

Certificate-officer may .thing

fit

.

or release him on bit

furnishing security

to the

satisfaction

of the Certificate-officer for his appearance ^when

required.

(7) ^{Upon the}

conclusion ^ofthe

inquiry

under the

sub-section

(5),

the Certificate-officer may subject

to

the

provision

of section 31

make an order for the

detention

of· the

certificate-debtor in the civil

prison

and shall

in that event eause him^tobe

-arrested,

if he

is^not

already

under arrest :

Provided

that in order to

give

the

certificate-debtor an

opportunity

of satis- fying ^the

certificate-debt, ^the

Certificate-officer may, before

making

the

order of detention,

leave^the

certificate-debtorⁱⁿ

the

custody

of the

officer arresting

him or

of any other officer for

specified period

not

exceeding

fifteen

days

of

releasing him on

furnishing security

to the

satisfaction of the

Certificate-officer for his appearance ^atthe

expiration ^ofthe

specified period,

if the

certificate debt be not sooner satisfied.

(8) ^Whenthe

Certificate-officer^doesnot

make on order of

detention under sub-section

(7),

he

shall,

if the

certificate-debtor is

under

arrest,

his release.

30.

Release from arrest and re-arrest :

(1) ^The

Deputy

Commissioner may order^the:release^ofa

certificate-debtor who has been arrested in

execution

of a

certificate, upon being

satisfied that he has-disclosed thewhole

of his

property

and

has

placed

it at

the

disposal

of the Certificate-officer· and

that he has not

committed any

act or- bad

faith. _.

(2) ^IftheCertificate-officer^has

ground ^for

believing

the

disclosure made gy ^acertificate-debtor under

sub-section

(I)

to

have

been

incorrect,

he ??yorder ^there-arrest^{of the}

certificate-debtorⁱⁿ

execution^of

the

certificate, ??tthe' period ^{- ofhis}detention^{in the}

civil

prison

shall^notinthe

aggregate !:')Xceed^-that

authorized

by

sub-section

(1)

of

section

31.

31. Detention

in

and release from

prison ·

...

(1)

Every person detained^{in tho'}civil"

prisbll ⁱⁿexecution^ofa

..

?m9.a?

l'fl'l3:Y be. ^sodetained- (a)

where^thecertificate.^{is fora}demand^ofanamount

excc;9di?

one .theusand rupees ^{- for}a

period

of

three

tnonths, atjd (b

). ^in.

any orther ^{· case - for a}

period ^ofsixweeks^:

Provided' that he shall ^·

be released froin such

..

4etention ^-

(i) ^on

thc,

aw9µ11tl;lleqti<;>I!ed ill ^the.. warrant ^{for. pj$}

detention,

beiqg paid.

to•the,.offi,,1=er jµ J;?arge,.of the,pri?on; ^or (ii)

on. ^the

certificate bein!t. otherwise

full. ,J?a?fi?d. ^or

cancelled ; .•·^or

(iii) ^on

the

tequest o(the

j,erson Of ^{any) on}

whose

requisition^?e certificate

wi?filed/ orofthe

Deputy Commissioner;

or ·

(iv)

on

the. omission.bY

.

the. perso?,(if^{any) on}whose

requisition ^the certificate W3.$

filed ^to-pay th!' subsistence allowance

fixed

by

tl:J.e C ertificate-officer.

.

Provided further

that he.

shall^notbe

released

from ^such

detention

under clause

(ii)

or clause

(iii)

without

tj:ie6rdfr .·

of ^the

Certificate-officer.

(2). ^A

certificate-debtor

releaseid^from

detention

under ^this

section shall^not, merely by

reason^ofhis

release, ^be

pi??j:J,arged ^fromhisdebt; ^{but he}shall^not be

liable to^bere-arrested

under ^thecertificate ⁱⁿexecution ^ofwhich ^hewas detained in the civil

prison.

32.

Release on

ground ^of

illness

(I) ^Atany^time

after^awarrant^forthearrest^of

certificate-debtor ^{has been} issued, ^the

Certificate-officer may cancel^itonthe

ground ^ofhis

serious

illness,

(2)

Where^acertificate-debtor ^{has been}arrested, ^the

Certificate-officer^may release him ^{ifin the}

opinion

of the

Certificate-officer, ^{heisnotinafit}state

pf health ^tobe detained ^inthecivil

prison.

(3)

Where^acertificate-debtor ^hasbeen

commited ^tothe

civil

prison, ^he may ^bereleased

therefrom ^-

(a) by ^the

Deputy Commissioner, ^onthe

ground ^oftheexistence of any infections contagious desease, ^or

(b) ^{by the}Certificate-officer,^prthe

Deputy

Commissioner ^on

the

ground of ^the

suffering

from any serious

illness.

33.

Prohibition

of arrest or detention

of

minor

and

persons

under

disability ^:

(l)

Notwithstanding anything contained ^{in this Act,}

Certificate-officer

shall not order

arrest ^ordetention

in civil

prison

of-

(a) ^aminor;^or

(b) any person^{who, inhis}

opinion, ^{is of}

unsound mind,

(2).

Whenever^itisnecessary ^toarrest^a

women, ^nosuch

arrest

shall^be made between sunset and sunrise.

..

REFERENCE··•

op·.·· CIVJL COURT Suit in

civil

Court to^havecertificate cancelled or modified:

-The

tertificate-debtor· may, ?( anr tirtie within six

months- .,ql Jrpm

iP.t;

s?zyic" lJP.J:nt ]J,µn .-9,fthe

J;t,q*e.i:c;qµir?q b?10,section.^6,or ·{21 ^{if he}

files, ⁱⁿ

accordance^with

section ^8,.apetitio.n

dMying

liability ^from Jbe x!la.t('gf deteqninatio.:n. ^.of.:the

;petition, ^.or ifhe

'appeals,

in .accordanee with

section ⁵⁰

f tom^an

order

passed

under section

9-frotu

the^dateof the decision ^ofsuch

appeal, bring

a suit in the QvU

·.

:?ourt ^to

h?Vt?^the

certificate

cancelled^()fmodified, ^{and forany} furthen.

·

conseq:µentiai relief ^towhich^hemay^be

entitled:

Provided that no such ^suit

slu1ll ^be

entertained=- ( a) ⁱⁿ

any

case,^{if the}certificate-

debtor

ha?

omitted ^to

file, ⁱⁿ

accordance with section

8,

a

petition denying

liability,

or to state in

his

petition denying liability ^the

ground upon which^heclaims^tohavecertificate cancelled er modified,·.

and cannot

satisfy

the Court that there was good

reason^forthe

omission, ^or

(b) ^inthecaseofacertificate^forademand mentionedⁱⁿ

Article^l or Article

2 of·the Schedule

appended

to

this

Act,

if the certificate debtor has not

paid

the amount due

under the

certificate to tho Certificate-officer; {i}

within

thirty days ^fromtheservice^ofthe

?otice

required by section

6,

or (ii)' ^{if he has}filedⁱⁿ

accordance with

section

8,

a

petition

denying liability-then

within

thirty days ^{fromthedate of}

determination of the

petition, or

(iii) ^{ifhe has}

appealed ⁱⁿ

accordance with section

50-then within thirty

days ^fromthe

decision^ofthe

appeal. Provided that no sale in

execution of -a certificate shall

be set aside in

such a

suit;

unless the

purchaser

has

been

made a

party

'to

the suit .?ncl

until^a

.

direction.js ^madefor

/the

.refut1d ^oftheamount^of the

purchase-money w?th. such

ill?erest

(if any)

as the Court may allow not

exceeding

six per

cent annum. jy:?t

Grounds^.forCancellation^grmodification ^of

cectificate ^by

civil court:

\O;) ^{· No}

eertiflcate

duly

fil? under this Act

shall

be

<::anceUe.d ?y

a Civil Court

except

on

one. of

the

followings, gr9;!i;o.cli;, namely-«

15

(a) ^thattheamount stated^inthecertificate was

actually

paid

or

discharged before the

signing

of the

certificate; or

(b) ^thatno

part

ofthe stated ⁱⁿ

cegificate was due

by

the

certillcate-debtok; to the

certificate-holder; or (e)

that,

i,n the. ^caseoffines

imposerl

or

cost,

charges, expenses, damages.] duties "or

·•foes adjusted by

a

Deputy . Commissioner

or

.

a

public officer:g ·

under

any

·

law

orany rule

having

the force of

law,

the

proceedings

ofj such

Deputy

Commissioner or

public

officer were not in

substantial/ conformity ^{with the}

provisions

ofsuch ^lawor

rule, ^andthatⁱⁿ

consequences the certificate-debtor suffered substantial·

injury

from some

error, defect or

irregularity

in such

proceedings.

(2) ^No

certificate

duly

filed under^{this Act}shall ^be

modified

by ^aCivil Court except

on one^ofthe

following grounds,

namely-

(i) ^thata

portion ^ofthe

alleged ^{debtwasnot due; or}

(ii) ^thatthecertificate- debtor^hasnotreceived credit^forany portion

which. he has

paid.

(3)

Nothing

contained inthissection shall interfere^withtho

ordinary origina] jurisdiction ^ofthe

Gauhati

High

Court.

36. Suit to recover

possession

of or .to set aside^saleof

immovable

propert)'' where

notice ^of

certificate^notserved^:

Notwithstanding anything

herein before

contained,^a

sale ^of

immovable-! property ⁱⁿexecution^ofacertificate shall^{notbe voidonthe}

ground ^that

th;{:

notice

required

by

section^6hasnotbeen

served,

but^asuit may ^be

brought

fo/i a Civil Court

to recover the

possession

of

such.

property

or to set.aside such

sal?< on the

ground

that such notice

has not bean served and that

the

plaintiff haii sustained substantial

injury by

reason of ^such

irregularity. Provided ^thatD'-^suchsuit

shall ^be

entertained-

(a) ^if

instituted more.^thanone

year^{fromthe dateon}which

possession ^ol the

property

was delivered ^tobe

purchaser, ^or

(b) ^ifthecertificate-debtor ^hasmadeappearance^inthe

certificate

proceeding or has

applied

to the Certificate Officer under section

22^orsection

23

to set aside the

sale, ^or

(c) ^ifinstituted

after^{one yearfromthedateof}

having ^{the fact of}

deliveri. of

the

property by ^the

plaintiff ^{incasethefact}

of^such

delivery ^was

not?

know to^the

plaintiff.

37. General

Bar ^to

jurisdiction

of

Civil courts, ^savewhere fraud

alleged; &apt ^as.otberwise expressly

provided ^inthisAct.every question arising between ^theoertlficate-holder ^{and the}certificate-debtor. ^ortheir

representatives. relating ^to.tho

making,

cxi,cution. discharge ^orsatisfaction of a certificate

duly filed under

this

Act, ^orrelating ^totheeoafirmation ^orsetting

aside

by an order under ^{this Actofasale}held ⁱⁿ

execution of^suchcertificate,

shall be determined not

by

suit,

but

by

order of

the certificate-officer

before whom such

question arises, ^orofisuch

other Cettificate?offi.cer ^ashemardetermine; Ptovidtcl ^thatasuit

may^be

brought ^inaCivil Court ⁱⁿ

respect ^ofanysuch que:stio'i.1upon ^the

ground ^offraud. PART-V

38.

Persons Under

Disability ^:

Where the Certificate-officer

is satisfied

that the certificate-debtor is^aminor or of unsound

mind,

he

shall,

in any proceeding

under

this

Act, permit

to be represented ^byany suitable person.

39. Continuance of Certificates^:

No ^·

certificate shall cease ^{tobe in}force

by person of-

(a) ^the· ·

property ^towhich ^thedemand

relates

ceasing ^-tobeunder^the charge ^ormanagement ^oftheCourt^of

Wards^orRevenue

authorities; ^or

(c) ^thedeath^{of the}certificate-holder."

Procedure en Death ^ofCertificate-Debtor^:

Where a certificate-debtor ^dies

before^thecertificate^hasbeen

fully satisfied, certificate-officer may, after

serving upon^tho

legal representative ^ofthe deceased a notice

in^the

prescribed

form,

proceed ^toexecute^the

certificate such

legal representative; ^and

the

provisions

of

this Act

shall

apply, as if

such

legal representative

were the certificate-debtor and as if such

notice under

section ⁶:

Provided 'that.

where ^thecertificate ^is

executed

against ^such

legal representative, he! shall ^be

liable

only

to^the

extent of the

property ?f^thedeceased

which has tome to^hishands ^{and hasnotbeen}

duly disposed

of; ^andforthepurpose of'

ascertaining ^such

Ifability, ^theCertificate-officer

executing ^the

certificate may, his own motion or^onthe

application ^ofthe

certificate-holder, compel ^such ··

legal representative

to

produce

such accounts as the Certificate officer thinks fit.

'18

41. Cancellation of Certificates^:

(1) ^TheCertificate-officer

shall·

cancel^anycertificate ^atthe

requeirt^{of the} certificate-holder.

.

(2) ^TheCertificate-officer^maycancel ·

any certificate

filed" under section

i,' if the Certificate-holder ^isnotreasonably

diligent.

42. Costs :

Subject ^tosuchlimitation^{as maybe}

prescribed; ^theaward^{ofany cost} of

and incidental ^to

any proceeding

under^{this Act}shall ^beinthediscretion of tho

officer presiding and^hoshall ^havefall

power ^todirect^by.whom and to

w\}at extent such

costs shall

be

paid.

43.

Compensation ^:

If ^theCertificate-officer ^issatisfied ^thatanyrequisition

under

section 4 was made

without reasonable cause, ^hemayaward^to the certificate-debtor

such compensation, ^astheCertificate-officer

thinks ^{fit; and the} amount so awarded shall ^berecoverable from ^thecertificate-holder

under ^the

procedure provided by

this ^Actfor recovery of

costs.

44.

Entry

Into

Dwelling

House ^:

(1) ^No

person executing^anywarrant^of

arrest issued

under ^{this Act or·} any process issued under

this Act directing ^or authorizing ^theattachment^of movable

property,

shall enter

any. dwelling-house after

sunset^orbefore sunrise.

(2) ^No

outer^{door ofa}dwelling-house

shall be broken open, unless

the dwelling-house ^ora

portion

thereof ^{is inthe}

occupancy of the certificate-debtor and ^heor

any other

occupant

of ^thehouse refuses or

any

way prevents

access thereto; ^butwhentheperson executing ·

any such

warrant or·

other

process has

duly gained

access^{to any}dwelling

house, ^hemay break open ^thedoorof^any room and enter, if

he has reason to believe ^thatentering ^{intotheroomis-} necessary ⁱⁿorder ^toenable him to execute^the

process.

(3)

Where ^aroomina.dwelling

house is in the actual occupancy of^a woman who, according

to the

customs of the

country,

does ^not

appear ⁱⁿ public, ^the

person executing ^the

process shall

give

notice ^toher.that ^{sheis at} liberty ^towithdraw; ^and

after allowing ^areasonable ^time .for ^{her to}

withdraw. and·

giving ^herreasonable facility ^forwithdrawing, he may

enter sueh

rcom. for ^tho

purpose

of executing ^the

process; and if^the

process ^{befor the}attachment of

property, ^{hemay atthesame} time ^use

every precaution,

consistent

with this section, ^to

prevent

its clandesting removal.

general ^supervisio1,1_;::

shall, ^intheperfor-

.

'. ? "\ A Ccrtificatc-?fficer

(not being Deputy Commissioners) -mance ^oftheir

duties

under this Act, ^besubject

.

to the and control ^{of the}Deputy Commissioner.

-48? Appeal ^:

(I)

A?· appeal ^from'ariy original

order^made

under this Act sball'lie-

(a) ^iftbe order ^{wasmadeby a} CerWicate-officer^notbeing tho ))eputiS.

Commissioner,^totheDeputy Commissioner, ^or

(c) ^iftheorder was made by

the Deputy Commissioner, to the Revenue· ·Commissioner; Provided ^{thatthat no} appeal

shall ^{liefrom any} order made

under Every Certificate-officer shall ^havethepowers of ^aCivil ?ourt

for the. purpo>es ^ofre the ·

attendance or' witnesses and compelling

.

the production

of documents. '47. Control ^OverOfficers

:

?- Application

of Act-XVfil of 1850 ^:

Every

Certificate-officer shall,.^{in the}disc?arge of his

functioning??j.,^this Act, ^be,iliemotl ^to""acting judi ^{wit bin the}me'anro, ^or the 11ldicjruo)licer, ,Piot«tion Act/1850. ·

·

' · · ·

·

'· -4"6..

·officers-to h?ve

Powers of Civil Court

-fol' Certain purpo?^:

.

.

?

. -

.?

i.

..

'.·. section ^22-

(2)

Every appeal under sub-section (I)

shall be prasented,

in ^caseof clause(a):

within fifteen

days ^or in ^caseof

clause (b) within thirty days, ^from the ^date

of order

(3)

Pending ^the decision ^ofanyappeal, execution ^{may be}stayed, if ^the

appellate

authority ^so directs, ^{but not} oth.::rwise.

49. ^{Bar to} Second Appeals ^:

No appeal

shall ^lie

from any order passed ^on appeal

under section ^48.

50. Revision ^:

(1)

_

Any order passed

by a Certificate-Officer other than Deputy Commi-

ssioner ^maybe

revised by

the Deputy Commissioner ^{and the}

Revenue Commi-' ·ssioner ^mayrevise ^any order passed

by ^aDeputy Commissioner

under ^{this Act.} (2} ^Theperiod ^of limitation ^{for an}application for revision under

this section shall ^be thirty days ^from the ^dateof ^theorder of revision whereof ^is applied ^forexcluding the time occupied

in obtaining ^{a copyof the} order ;

Provided ^thatsuch an· application

for revision. ^may be admited

after ^the \period

aforesaid, if ^{the ·}

applicant

satisfies the Deputy

Commissioner or the

i?yenue'

Commissioner, ^as the ^casemaybe, that he

has sufficient

cause for

;,n<>t making ^theapplication within ^the.period.

Review :

Any

order

passed

under

tliis Act

may.after notice

to all

. .persons.interesteq.,.be

reviewed by

the officer

who made the

order or

by

his -successor

in

ofiice,,on

account of

mistake or

error

either in tae

making

of

the

certificate or In. the course of

any

pfi:kee?irl.g und'er th.IS Act

52.

Saving

of other Acts:

The powers

given

by

.this Act

·shall

tie 'tieemecl to be in

addition to,

andnot

in

derogation

from, any powers

conferred

by any other

Act now in

force·for the

recovery

of any

due,

debt or

demand to

which the

provisions of

this.Act a:te

a:pp'ffoa:Me·;a:o:i:I,·ext'l:'p't Where

'expre'Sslf so

provided, no

ieg:il remedy tltalr M aff ec'tt"ii

by

·

this Act.

53.

Application of the

Indian

Limitation

Act,

1963 :

The

provisions

of the

Limitation

Act,

1963, except sections 6 to

9,

.shall apply

to all

orocee.lings under this

Act, as

.i(

a

certificate filed

hereunder were·a decree of a

tivil 'Coult.

:54.

Certificate-Officer Deemed To be a

Court

A

Certificate-officer shall

be

deemed to be a

Court and any

pmcooding. '

before him shall be

deemed to

be a

civH

.proceeding

within

the

meaning

of section 14 of the

Limitation

Act, 1963.

55.

Peilraliies :

Whoever

fraUd-uleutfyremoves,

conceals, transfers or delivers to

any

person.,any

property

or

any interest

therein,

intending thereby

to

prev?nt

that

ptoPerty. orinteres!ttnerein, from

beirarg -ta.ke,o -en

;ex:ecution ef'a

?rtifica'te, shall be

deemedto have com.nitted au offence

pu-:i'hhable under

setti-on 206 oT

Ti:iliiai,.

·P-enallCode

(Act

XLV of

1860).

RULES

56.

Power to

Make Rules :

(I) ^The

State

.

'Gevecnrnent may,

by n:otincation in the

Official

Gazettean:d.1

A.:.subject

to the

condition of

previous

publication, make rules.

for the

purpose'·of

carrying

into effect the

provisions

of this Act.

(2) ^In

particular,

and

Without

preju(lice to

the

generalitt

of the

foregoirrg:power, such

rules may provide

for

all or

any of the

following matters,

namely:?-

(a) ^the

signatere and

ve-riiicatfon of

re(:Juis'i•tio:fil::smade ucder

section

-4.; ! (bJ

the

Cer'tifica'te--officers · ·

to

Whom such

tequisi-troris s·houlil !be

addr-ess'edi;1)

(c) ^thecasesⁱⁿwhich such

requisi'tions shail not

be

·chargeable with 'a fel

20

If any difficulty

arises

in

giving

effect to

the provisions of

this

Act,

the State

Government may, by

order, published

in the

Official Gazette as tho p.?p:1.3ion,.flla);' _p,9.uirel do

anything^(not

inconsistent ^{with the}

provisions or· fli1s Act)'

wliich

appears ^toit

??.

necessary

to remove the

-difficulty

:

Provided ^that

no._^such

.order,

allaJ.Lbe made under this

section after the- 'years ·from^the

date

of 'commep,cetnentof this Act. J ^{.·- . . .· .}

:,:.- ^{. .}

•

Pr:otecfiQn:

of action. taken irr

good·+

faith :

prosecution ^Orother

Jegaf

proceoding.shall lie

against

Certificate- ,,anythin?

..

wJiic? ^is·

.d<>n,ejn, good

faith or

intend?d

to be

dons Rules .made

thor?.undet:.,

.

(d) ^the.service ^ofnotices issued under section ^{6, the}

service ^ofother- notices or

processes issued

under^this

Act, ^andthemannerⁱⁿ

which. service may^be

proved;

(e) ^the

signing ^and

verification^of

petitions

under

section ^8,

denying

liability;

(f) ^thotransfer ^ofccrtifitates; proceedln?sⁱⁿexecution^of

certificates^and; petitions

under section ⁸

denying liability ^fromone

Certificate-officer^to another' ^for

disposal;

. .

. , .

(g) ^themanner^of

calculating.

interest referred ^{to in}

clause ^{(a) of}section^J

6;

.

(b) ^{· the.}

scale^of

,9hllrges ^toberecovered under clause

(cf ^ofsectfoi:i.^l6; (i} thet?aintenanc??d!·Pdcustody,

while

under

attachment, ^oflive-stock:

and

other m9:v?ble

property ^andthe-

disposal-of ^the:

'proceeds

ofsnch:

.sale; (j). the, registers..

becks ^and

accounts ^{tobe kept}by ^the

Certificate-officers, and the

inspection

thereof

by

the

publie ;

(k) ^thefeetobe

charged ^forthe

inspection ^ofthe

register ^of

cedifi-. cates maintained;

(1) ^the

recovery ^of"

expend

iture^onthe

certincate establishment

by ^the

.levy of costs under clause

(b)

of seetion

16 and section

43;

(m) ^the

'recovery ^of

poundage fees;

(n) ^theforms^tobeusedunder ^thisAct. ·..

_

(3)

_

Aff·rufos^made

underthis ^Act

shaU,^asSOO!l^{as maybe}

after ^they :ire ^C

made; ^{be laid}before^the

Legislature,

while it is

in

session,

for a tot?.t' p?ffod^ofnotless·than fourteen

days extending ⁱⁿits ono session or· more· than one successive sessions ^and

shall,

unless ·

some later date is

appointed,

take ;feft froJp·.Jhl' ^dateoftheir

.publicatien ^intheofficial

Gazette,

subject to .·

such modifications or annulments as the

Legis

lature

may agree to, make

so, \

however, ^that

?ny

.

such

modification^or

annulment shall ^be.

:WithOL>t prejudice

..

i?, the·. validitj^of

anything

previously ^donethereunder. Power to remove difficulties :

't· -(i) (ii) (iii)

5.

of the SCHEDU"LE PUI3LlC

DEMANDS.

?,·

.:...t ^:·:•.•..

,:··· ^{'' '' . .}

.

'

. _..

L

Any

arrear ?f'revenue which remains due in the

rouowing,

circumstances,

•ame:Iy ; When

11:mdey

the

.,prov1s1ons ^·

of, the-

Manipur

Land Revenue and Land ?eforms Acr.,: ^J960

(No. ^33of

1960], or;

any

other^{lawforthetime}

bein:

?n

force,^anestate^or

tenureI ^or

any

share^ofanestate ^or

tenure; ^{has been} .. old for the recovery of arrears of revenue due

thereupon

and after

deducting '!he expenses^ofsuch.

sale, ^the-balance-^ofthe

sale-proceeds

remaining ^is insufficient to

liquidate

tile

.

•r.reni?, of' revenu??in:

'discharge,

of which such ^sale -proceeds may, under^the-s·a-idr

provisio-as, ^be

applied.

2.

Any

arrear of revenue

whjch

fa

due

.fromcca·

farmer.

on

account

of .art estate held

by him. in fa?m anGj..jsnot .paid.OIJ.,the. latest.day

of

payment .fixed

under the s?id ^·.··

Manipur

Land

.

Revenue ^andLaudReforms

Act,. ¹⁹⁶⁰ (No. ^{33 of}

1960).

·

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 ^orland-revenue or

by int

process

authorized for the recovery of arrears of revenue

or ,^ofthe

public revenue or of Government

r_evenue. Any money which^isdeclared

by it-ny enactment ^for

thetime'beingin

fore?

to be

demand or a public

.demana.

or

. .

..

.

.. ^{. .}

to be: recoverable-

.

as arrears of a demand^orpublic

demand,

or to be recoverable under the

Manipur

Land Revenue

and Land Refornis Act,

1960. ,^,

And money due ^{from the}s.urc-ties·ofa

farmer+m

respect

-of ^therevenue estate farmed

by

him. 6;

Any money awarded as fees^orc·osts

o'y ^aRevenue authority

under .any ^lawor

any rule

having

'the force Jt law;

7.

Any

demand

payable:

t6 the

D.@ptity c'ollllllissioner. by ^a

person 06lding ,any interest, in

·land, pasttrta}{e; forest,-rights, fisheries^orthe

like, whether

slick interest ^isor^isnot tr,rnsfcrabl.¢1;

Whe.m

$'!.lchi: ;deman.ck ^'is.a;·condition. ^of

-?tic use

and enjoyment

of

s1;1?h.,1an4,1,.p?tur?;f=.,.fo.??hr?p.ts,

fisherj? op??ngs. ·:;. ^{.' .... - .. ,_.}

-.,·-?· ^{..:. ..}

. ' ·-

. '. ?-'"

·

l11

th:? e,ajJe ofb

property

-which; , •jrider the.:C-i,rovisi?bf any fa°iv)lli· ih? time

b:eing

in

22

cf Wa_rA....s^ortheRe...-en-ae anthoritles ^on behalf ^ofa

private

individual-any

arrear of rent ^orof any demand

which is recoverabie ^asrent, whether

such arrear became

CF..e before ^erafter ^rtemansgemeut develoved upon^such

court ^orsuch authorities.

9.

Any

money :;:·ayable ^toGovernment or to an officer of Government in

repayment

of ^aloan

in cash^or in kind,

in

respect

of

which money, the _, J.'d"50n

to whcm ^tl:eloan in cash ^orin. kind was advanced, ^asagreed

by ^a _c-_:writt::rr mstrumen: ^thatsuchmoney shall ^berecoverable ^asa

public

demand. iO.

Any

money payable ^{to a}society registered or deemed

to have

been brcii?

under ^the

Manipur

Soci::ties Registration Act, 1989, ^{when such}

money^is [fur.meedjointly ^{by the}State Government ^{and the}Central Government ^{and is}

granted ?tby^sach

society ^assubsidy ^{orloan toa}

person ^whoagrees^by a written

lnstrument, '?-i?rtered^orun?gister?, ^thatsuchmoney shall ^berecoverable as ^a

public

demand.

11.

Any ^{sumdue toa}land

mortgage bank

registered

under ^the

Manipur ^Co-

Societies ^{Act,1976or any sum} due to an assignee

of such bank

in

respect I-Of^anyprincipal ^{sum or any}interest thereon under ^a

mortgage

made ^tothe bank. ,_

12.

Any

money due from a

purchaser at a sale held

in execution

of ^acertificate ,ynger^{this Act,}

whether ^thesaleissubsisting or not.

13.

Any

money payable ^toalocal authority.

14.

Any

money awarded ^ascosts by the

High

Court ^atGuwahati/Imphal ;I;(?enchⁱⁿ

proceedings

under

article ²²⁶ of Constitution

of

India relating ^tomatters i

arising outside ^itsordinary original

civil

jurisdiction.

15.

Any ^sumpayable ^totheGovernment by ^a

person on account of use or occu- pation^{by such}

person ^ofanyhouse,

tenement or ^roombelonging

to the Government.

16.

Any

money payable ^{to a}Government

company wholly

owned

either

by ·

the State Government

or

by

the Central Government ^orjointly by

the State -

·

Government

and

the Central

Government.

17.

Any

money fixed^aswater

rate, electricity tariff,

motor vehicles taxes, professional^tax,sales ^{taxetc. by the}Government under any statutory ^ActorRule

in force in the

State.

18.

Any

amount^{due to a}bank^{or a} financial institution ^fromanyperson :in

respoct ^ofany

amount advanced ^orgranted under any scheme ^intheformof financial

assistance shall, apart ^fromany other mode

of recovery, ^berecoverable

.

under provisions

of

this ^Act.

..

.

.

·. Provided ^thatnoproceeding

under ^thisActshall be

proceeded

with ·t·'itnultaneously before^anyother forum^for

recovering the

amount^thatis^the

subject ·

'matter of

the certificate. Explanation-The ^duesref

erred^toabove shall also

apply ^to

any amount ,advanced^orgranted ^bywayofany such loan before

the date^onwhich tru• ^Act tomes ^intoforce^andremaining unpaid ^on such

day. ·.·

Printed

at the Directorate

of

Ptg,

A

Sty., Govt, of

M?ip1u 310-C/14-5-2003.