Bihar and Orissa Public Demand Recovery Rules

{
    "id": 15208,
    "slug": "bihar-and-orissa-public-demand-recovery-rules",
    "title": "Bihar and Orissa Public Demand Recovery Rules",
    "short_title": "Bihar and Orissa Public Demand Recovery Rules",
    "act_number": "",
    "act_year": 0,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Bihar and Orissa Public Demand Recovery Rules",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Signature and Verification of requisition for certificates.",
            "chapter": null,
            "content": "Service of Notices\nService of Notices",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Mode of Service.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Service on certificate-debtor or his agent.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Service on adult male member of certificate-debtor's family.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Person served to sign acknowledgment.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Procedure where certificate-debtor refuses to accept service or cannot be found.",
            "chapter": null,
            "content": "(a) affix 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\n(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,",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Endorsement of time and manner of service.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Examination of serving officer.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Service by post.",
            "chapter": null,
            "content": "Petitions under Section 9, Denying Liability\nPetitions under Section 9, Denying Liability",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Signature and verification of petition denying liability.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Transfer of such petitions.",
            "chapter": null,
            "content": "Execution of Certificate\nExecution of Certificate",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Execution in another district.",
            "chapter": null,
            "content": "Attachment\nAttachment",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Attachment of movable property (other than agricultural produce) in possession of certificate debtor.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Attachment of agricultural produce.",
            "chapter": null,
            "content": "(a) where such produce is a growing crop - on the land on which such crop has grown, or\n(b) where such produce has been cut or gathered - on the threshing floor or place of treading out grain or the like, or fodder-stack, on or in which it is deposited",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Provisions as to agricultural produce under attachment.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Attachment of debt, share and other movable property not in possession of certificate-debtor.",
            "chapter": null,
            "content": "(a) a debt not secured by a negotiable instrument,\n(b) a share in the capital of a Corporation, or\n(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 -\n(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;\n(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;\n(iii) in the case of other movable property (except as aforesaid) - the person in possession of the same giving it over to the certificate-debtor.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Attachment of share in movables.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Attachment of salary or allowances of public officer or servant of Railway Company or Local Authority.",
            "chapter": null,
            "content": "Note. - Under Government Notification No. 7035-R., dated the 12th October, 1915 the officers mentioned in column 2 of the following table have been appointed as officers to whom notices or orders attaching the salary or allowances of the public officers and servants, respectively mentioned opposite to them in column 1 of the table, should be sent -\nNote.\nCertificate\n\t\t\t\t\tdebtor\nOfficer to whom notice should be sent\n(1)\nPublic Officers holding Gazetted appointments\n\t\t\t\t\tunder the Government of Bihar.\nAccountant-General, Bihar\n(2)\nPublic Officers holding non-Gazetted\n\t\t\t\t\tappointments under the Government,\nHead of the Office in which the\n\t\t\t\t\tcertificate-debtor is employed.\n(3)\nServants of local Authorities within the State\n\t\t\t\t\tof Bihar.\nChairman of the Local Authority under which the\n\t\t\t\t\tcertificate debtor is employed.\n(4)\nEmployees of State Railways worked by or being\n\t\t\t\t\tconstructed by the State.\nChief Examiner of Accounts of the Railway\n\t\t\t\t\tconcerned.\n(5)\nEmployees of State Lines worked by Companies\n\t\t\t\t\tand Companies lines.\nChief Auditor of the Railway concerned,\n(6)\nEmployees of Arrah-Sasaram Light Railway Company\n\t\t\t\t\tLimited, the Bakhtiyarpur-Bihar Light Railway Company Limited,\n\t\t\t\t\tDehri-Rohtas Light Railway Company Limited, the Darjeeling\n\t\t\t\t\tHimalayan Railway Extension Company Limited.\nThe Managing Agents of the Railway concerned.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Attachment of negotiable instruments.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Attachment of property in custody of Court or public officer.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Attachment of decree.",
            "chapter": null,
            "content": "(i) the Certificate Officer cancels the notice, or\n(ii) the Certificate-holder or the certificate-debtor applies to the Court receiving such notice to execute the decree.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Attachment of immovable property.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Removal of attachment on satisfaction or cancellation of certificate.",
            "chapter": null,
            "content": "(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\n(b) the certificate is cancelled,\nSale Generally\nSale Generally",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. Power to order sale of attached property.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "25. Proclamation of sale by public auction.",
            "chapter": null,
            "content": "(a) the property to be sold;\n(b) (where the property to be sold is an interest in an estate or in part of an estate paying revenue to the Government) the revenue assessed upon the estate or part of the estate;\n(bb) where the property to be sold is the holding of an occupancy raiyat or a portion thereof, its value as determined by the Certificate Officer in the manner specified in sub-rule (2);\n(c) the amount for the recovery of which the sale is ordered; and\n(d) every 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.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26",
            "title": "26. Mode of making proclamation.",
            "chapter": null,
            "content": "Note. - When the several certificate-debtors are reasonably, near neighbours it would ordinarily suffice to send by registered post one copy of the proclamation, the recipient being selected on the basis of such considerations as the degree of interest, where the interests vary, age, if known and sex.\nNote.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "27",
            "title": "27. Time of sale.",
            "chapter": null,
            "content": "(a) the date on which a copy of the sale proclamation has been affixed at conspicuous part of the office of the Certificate Officer, or\n(b) the date on which the sale proclamation has been published in the Malkachari or rent office of the estate and at the local thana.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "28",
            "title": "28. Adjournment or stoppage of sale.",
            "chapter": null,
            "content": "Note. - The board has recently had under consideration the question whether in view of Rule 28(2) of Schedule II of the Public Demands Recovery Act, IV of 1914, a fresh proclamation is necessary in a case where there is a series of short postponement each less than seven days, which taken together in the aggregate amount to more than seven days. It has now been decided in consultation with the Superintendent and Remembrancer of Legal Affairs, Bihar, that in such a case a fresh proclamation should be issued unless the certificate-debtors consent to waive the right in this respect. The attention of all District Officers is invited to the decision.\nNote.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "29",
            "title": "29. Defaulting purchaser answerable for loss on re-sale.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "30",
            "title": "30. Restriction on bidding or purchase by officers.",
            "chapter": null,
            "content": "Sale of Movable Property\nSale of Movable Property",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "31",
            "title": "31. Sale of agricultural produce.",
            "chapter": null,
            "content": "(a) if such produce is a growing crop - on or near the land on which such crop has grown; or\n(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:\n(a) a fair price, in the estimation of the person holding the sale is not offered for it, and\n(b) the owner of the produce or a person authorised to act in this 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.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "32",
            "title": "32. Special provision relating to growing crop.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "33",
            "title": "33. Sale by public auction.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "34",
            "title": "34. Irregularity not to vitiate sale, but any person injured may sue.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "35",
            "title": "35. Delivery of movable property, debts and shares.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "36",
            "title": "36. Transfer of negotiable instruments and shares.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "37",
            "title": "37. Vesting order in case of other property.",
            "chapter": null,
            "content": "Sale of Immovable Property\nSale of Immovable Property",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "38",
            "title": "38. Sale of tenure or holding at fixed rates, subject to registered and notified incumbrances.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "39",
            "title": "39. Sale of tenure or holding at fixed rates, with power to avoid all incumbrances.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "40",
            "title": "40. Sale of occupancy holding with power to avoid all incumbrances.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "41",
            "title": "41. Rules 38 to 40 not to apply in certain cases to certificate-holders who are co-sharer landlords.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "42",
            "title": "42. Postponement of sale to enable certificate-debtor to raise amount due under certificate.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 41
        },
        {
            "number": "43",
            "title": "43. Prohibition of purchase of tenure or holding by certificate-debtor.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 42
        },
        {
            "number": "44",
            "title": "44. Deposit by purchaser and re-sale in default.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 43
        },
        {
            "number": "45",
            "title": "45. Time for payment of purchase-money in full.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 44
        },
        {
            "number": "46",
            "title": "46. Procedure in default of payment.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 45
        },
        {
            "number": "47",
            "title": "47. Notification on re-sale.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 46
        },
        {
            "number": "48",
            "title": "48. Bid of co-sharer to have preference.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 47
        },
        {
            "number": "49",
            "title": "49. Return of purchase-money in certain cases.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 48
        },
        {
            "number": "50",
            "title": "50. Certificate to purchase.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 49
        },
        {
            "number": "51",
            "title": "51. Delivery of property in occupancy of certificate-debtor.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 50
        },
        {
            "number": "52",
            "title": "52. Delivery of property in occupancy of tenant or other person.",
            "chapter": null,
            "content": "Arrest and Detention\nArrest and Detention",
            "footnote": "",
            "is_definition": false,
            "sort_order": 51
        },
        {
            "number": "53",
            "title": "53. Discretionary power to permit certificate debtor to show cause against detention in prison.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 52
        },
        {
            "number": "54",
            "title": "54. Subsistence allowance.",
            "chapter": null,
            "content": "Supplemental\nSupplemental",
            "footnote": "",
            "is_definition": false,
            "sort_order": 53
        },
        {
            "number": "55",
            "title": "55. Register of certificate.",
            "chapter": null,
            "content": "Note 1. - The fee should be prepaid by Court-fee stamp affixed to the application.\nNote 1.\nNote 2. - A surcharge at the rate of [twelve paise] shall be levied on the fee prescribed under this Rule.\nNote 2.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 54
        },
        {
            "number": "56",
            "title": "56. Payment by instalments.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 55
        },
        {
            "number": "57",
            "title": "57. Remittance to Certificate Officer of sums received under a certificate transferred for execution.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 56
        },
        {
            "number": "58",
            "title": "58. Entry of satisfaction.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 57
        },
        {
            "number": "59",
            "title": "59. Communication of satisfaction to other persons.",
            "chapter": null,
            "content": "Forms\nForms",
            "footnote": "",
            "is_definition": false,
            "sort_order": 58
        },
        {
            "number": "60",
            "title": "60. Forms in Appendix.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 59
        },
        {
            "number": "61",
            "title": "61. Other forms.",
            "chapter": null,
            "content": "Schedule-II\nAppendix\nAppendix\nForms\nForms\n[ See Rule 60]\nForm No. 1\nForm No. 1\nCertificate of public demands\nCertificate of public demands\n[ See Sections 4 and 6]\nFiled in the Office of the Certificate Officer of..... (Name of district)\nNumber of certificate\nName and address of certificate-holder\nName and address of certificate-debtor\nAmount of public demand [including interest, if\n\t\t\t\tany, and including the fee paid under Section 5, sub-section (2),\n\t\t\t\tif any for which the certificate is signed, and period for which\n\t\t\t\tsuch demand is due\nFurther particular of the public demand for which\n\t\t\t\tthis certificate is signed\nI hereby certify that the above-mentioned sum of Rs............ in due to the above-named ...................... from the above named..................\n[If the certificate is signed on requisition sent under Section 5 add-\nI further certify that the above-mentioned sum of Rs.......................is justly recoverable, and that is recovery by suit is not barred by law.\nDated this ............... day of......... 20.........................\nA.B.\nCertificate-Officer of........\nForm No. 2\nForm No. 2\nRequisition for a certificate\nRequisition for a certificate\n[ See Section 5]\nThe Certificate Officer of the District of ...........\nName of certificate debtor\nAddress of certificate\nAmount of public demand for which this\n\t\t\t\trequisition is made\nNature of the public demand for which this\n\t\t\t\trequisition is made\nI request you to , a cover the above mentioned sum of Rs............ which I am satisfied, after inqiry is due from the said.................in respect of............\nVerified by me on the ...........day of 20..................\nA. B.\n(Designation)\nForm No. 3\nForm No. 3\nNature of certificate-debtor\nNature of certificate-debtor\n[ See Section 7]\n(Name of Certificate-debtor)\nA. B.\nCertificate Officer of.........\nForm No. 4\nForm No. 4\nPetition denying liability\nPetition denying liability\n[ See Section 9]\nThe Certificate Officer of...............\nThe humble petition of (Name of petitioner) of (address).\nThat a certificate no. of (year), for the sum of Rs................... has been filed against your petitioner in your office under Section................. of the Bihar & Orissa Public Demands Recovery Act, 1914.\nA.B.\n(Petitioner)\nForm No. 5\nForm No. 5\nNotice to show cause why sale should not be set aside\nNotice to show cause why sale should not be set aside\n[ See Section 29]\nWhereas the undermentioned property was sold on the..........................day of...  20......................in execution of certificate no................dated the............ ... 20..............and whereas...................the certificate-holder [or certificate- debtor] has applied to me to set aside the sale of the said property on the ground that...........\nCertificate Officer\nForm No. 6\nForm No. 6\nWarrant of arrest\nWarrant of arrest\n[ See Section 38]\nWhereas a certificate no.\nOriginal Demand Interest Cost Execution .... .... .... .... Rs. P. Total ....\nOriginal Demand\nInterest\nCost\nExecution\n....\n....\n....\n....\nRs.\nP.\nTotal ....\n.........was filed in this office on the\n\t\t\t\t...20.................... under Section...........of the Bihar\n\t\t\t\tand Orissa Public Demands Recovery Act, 1914, \n\t\t\t\tagainst..............certificate-debtor, and the sum of\n\t\t\t\tRs................as noted in the margin is due from him in\n\t\t\t\trespect of the said certificate; and whereas the said sum of\n\t\t\t\tRs................. has not been paid to the certificate-\nCertificate Officer.\nForm No. 7\nForm No. 7\nOrder committing certificate-debtor to the civil prison\nOrder committing certificate-debtor to the civil prison\n[ See Section 38]\nCertificate Officer.\nForm No. 8\nForm No. 8\nNotice of legal representative of certificate-debtor\nNotice of legal representative of certificate-debtor\n[ See Section 52]\n(Name of Legal Representative)\nCertificate Officer.\nForm No. 9\nForm No. 9\nNotice to certificate-holder\nNotice to certificate-holder\n[ See Section 21]\nCertificate Officer\nForm No. 10\nForm No. 10\nWarrant of sale of property\nWarrant of sale of property\n[ See Rule 24]\nThe\nThese are to command you to sell by auction, after giving...................................days, previous notice, by affixing the same in this office, and after making due proclamation the undermentioned property attached in execution of certificate no.................................in favour of ................or so much of said property as shall realize the sum of Rs............................. being the.............of the said certificate and costs still remaining unsatisfied.\nYou are further commanded to return this warrant on or before the............................ day of..........20..........with an endorsement certifying the manner in which it has been executed, or the reason why it has not been executed.\nGiven under my hand and seal, this.................day of.............20.....................\nCertificate Officer\nForm No. 11\nForm No. 11\nNotice of the day fixed for setting a sale proclamation\nNotice of the day fixed for setting a sale proclamation\n[ See Rule 25]\n...........Certificate-Debtor,\nCertificate Officer\nForm No. 12\nForm No. 12\nProclamation of sale\nProclamation of sale\n[ See Rule 25]\nConditions of sale\nConditions of sale",
            "footnote": "",
            "is_definition": false,
            "sort_order": 60
        },
        {
            "number": "2",
            "title": "2. The amount by which the buildings are to be increased shall be determined by the officer conducting the sale. In the event of any dispute arising to the bid amount, or as to the bidder, the lot shall at once be again put up to auction.",
            "chapter": null,
            "content": "2.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 61
        },
        {
            "number": "3",
            "title": "3. The higher bidder shall be declared to be the purchaser of any lot provided always that he is legally qualified to bid, and provided that it shall being the discretion of the officer holding the sale to decline acceptance of the highest bid when the price offered appears so clearly inadequate as to make it, advisable to do so.",
            "chapter": null,
            "content": "3.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 62
        },
        {
            "number": "28",
            "title": "4. For reasons recorded, it shall be in the discretion of the officer conducting the sale to adjourn it, subject always to the provisions of Rule 28 in Schedule II of the Bihar and Orissa Public Demands Recovery Act, 1914.",
            "chapter": null,
            "content": "4.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 63
        },
        {
            "number": "5",
            "title": "5. In the case of movable property, the price of each lot shall be paid at the time of sale or as soon after as the officer holding the sale directs, and in default of payment the property shall forthwith be again put up and resold.",
            "chapter": null,
            "content": "5.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 64
        },
        {
            "number": "6",
            "title": "6. In the case of immovable property the person declared to be the purchaser shall pay immediately after such declaration a deposit of 25 percent of the amount of his purchase money to the officer conducting the sale, and in default of such deposit the property shall forthwith be put up again and resold.",
            "chapter": null,
            "content": "6.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 65
        },
        {
            "number": "7",
            "title": "7. The full amount of the purchase-money shall be paid by the purchaser before the office of Certificate Officer closes on the fifteenth day after the sale of the property, exclusive of such day, or if the fifteenth day be a Sunday or other holiday, then on the first office day after the fifteenth day.",
            "chapter": null,
            "content": "7.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 66
        },
        {
            "number": "8",
            "title": "8. In default of payment of the balance of purchase money within the period allowed the property shall be re-sold after the issue of a fresh notification of sale. The deposit after defraying the expense of the sale, may, if the Certificate Officer thinks fit, be forfeited to the Government, and the defaulting purchaser shall forfeit all claims to the property or to any part of the sum for which it may be subsequently sold.",
            "chapter": null,
            "content": "8.\nCertificate Officer\nSchedule of property\nSchedule of property\nNumber of lot\nDescription of property to be sold with the name\n\t\t\t\tof each owner where there are more certificate debtors than one\nThe revenue assessed upon the estate if the\n\t\t\t\tproperty to be sold is an interest in an estate or a part of an\n\t\t\t\testate paying revenue to the Government\nClaims (if any) which have been put forward to\n\t\t\t\tthe property and any other known particulars bearing on its\n\t\t\t\tnature and value\n1\n2\n3\n4\nForm No. 13\nForm No. 13\nOrder on the Nazir for causing publication of proclamation of sale\nOrder on the Nazir for causing publication of proclamation of sale\n[ See Rule 26]\nThe Nazir of.............\nWhereas an order has been made for the sale of the property of the certificate- debtor under certificate no..............dated the...............20.............which is specified in the schedule hereunder annexed, and whereas....................the........... day of..........20..............has been fixed for the sale of the said property.......  copies of the proclamation of sale are by this warrant made over to you, and you are hereby ordered to have the proclamation published by beat of drum within each of the properties specified in the said schedule to affix a copy of the said proclamation on a conspicuous part of each of the said properties and afterwards on my office, and then to submit to me a report showing the dates on which and the manner in which the proclamations have been published.\nSchedule\nCertificate Officer\nForm No. 14\nForm No. 14\nCertificate, by officer holding a sale, of the deficiency of price on a resale of property by reason of the purchaser's default.\nCertificate, by officer holding a sale, of the deficiency of price on a resale of property by reason of the purchaser's default.\n[ See Rule 29]\nOfficer holding the sale\nForm No. 15\nForm No. 15\nCertificate of sale of land\nCertificate of sale of land\n[ See Rule 50]\nCertificate Officer.\nForm No. 16\nForm No. 16\nOrder for delivery to certified purchaser of land at a sale in execution\nOrder for delivery to certified purchaser of land at a sale in execution\n[ See Rule 51]\nThe\nWhereas..............has become the certified purchaser of.................at a sale in execution of certificate no dated the.20.................you are hereby ordered to put the said..............the certified purchaser, as aforesaid, into possession of the same.\nCertificate Officer.\nForm No. 17\nForm No. 17\nNotice to show cause why warrant of arrest should not issue\nNotice to show cause why warrant of arrest should not issue\n[ See Rule 53]\nCertificate Officer\nSchedule-III\n[ See Section 69]\nPart I\nAmendments of Bihar Tenancy Act, 1885\nI.\nChapter XIII A\nSummary Procedure for the Recovery of rents under the Bihar & Orissa Public Demands Recovery Act, 1914\n158A.\nII.\n\"(1) Where a tenure or holding or part of a holding is sold in execution of -\n(a) a decree for arrears of rent due in respect of the tenure or holding;\n(b) a decree for damages under Section 186A; or\n(c) a certificate for arrears of rent signed under the Bihar and Orissa Public Demands Recovery Act, 1914.\n(i) a sole landlord; or\n(ii) the entire body of landlord; or\n(iii) one or more co-sharer landlords who has or have, sued for the rent due to all the co-sharers in respect of the entire tenure or holding and made all the remaining co-sharers parties defendant to the suit, or if such certificate was signed on the requisition of, or in favour of a sole landlord or the entire body of landlords.\"\nIII.\n(a) after the words \"a decree\" the words \"or a certificate signed under the Bihar and Orissa Public Demands Recovery Act, 1914\" shall be inserted, and\n(b) after the words \"the Chapter\" the word \"or the Act\" be inserted.\nIV.\n\"or in execution of a certificate for arrears of rent due in respect thereof, signed under the Bihar and Orissa Public Demands Recovery Act, 1914.\"\nV.\n\"When a tenure or holding is advertised for sale -\n(a) under this Chapter in execution of a decree against a superior tenant defaulting, or\n(b) in execution of a certificate, signed under the Bihar and Orissa Public Demands Recovery Act, 1914, for arrears of rent due in respect of the tenure or holding from superior tenant defaulting.\"\nPart II\nAmendment of the Orissa Tenancy Act, 1913\n(Not printed)\nPart III\nAmendment of the Chota Nagpur Tenancy Act, 1908\nAmendment of the Chota Nagpur Tenancy Act, 1908\nI.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 67
        },
        {
            "number": "244",
            "title": "244. Recovery of arrears of rent under the certificate procedure where there is record of rights - (1) When an arrear of rent accrues in respect of a Mundari Khuntkattidari tenancy for which a record of rights has been prepared under this Act or under any law in force before the commencement of this Act.",
            "chapter": null,
            "content": "No suit shall be maintainable in any Court for the recovery of the arrear but the landlord may apply in writing to the Deputy Commissioner to sign a certificate authorizing the recovery thereof, with simple interest not exceeding twelve and-ha-half, or (in the case of money recoverable under the Cess Act, 1880) at twelve and-a-half, per centum per annum, under the Bihar and Orissa Public Demands Recovery Act, 1914.\n(2) Every such application shall be signed and verified by the landlord making it in the manner prescribed by Rule 1 in Schedule II to the said Act, as amended for the time being by Rules made under Section 48 thereof; and shall be chargeable with a fee of the amount which would be payable under the Court-Fees Act, 1870, in respect of a plaint for the recovery of a sum of money equal to that stated in the application as being due.\n(3) Upon receiving any such application the Deputy Commissioner may after making such inquiry and taking such evidence as he may consider necessary, and if he is satisfied that the arrear is due, sign a certificate, in the prescribed form stating that the arrear is due; and shall include in the certificate the fee paid under sub-section (2) and shall cause the certificate to be filled in his office.\n(4) The person is whose favour any such certificate is signed shall be deemed to be the certificate-holder for the amount mentioned in the certificate, and the person against whom the certificate is signed shall be deemed to be the certificate-debtor for the said amount; and all proceedings taken by the Certificate Officer for the recovery of such amount shall be taken at the instance of the first mentioned person, and at his cost and on his responsibility, and not otherwise.\n(5) The Bihar and Orissa Public Demands Recovery Act, 1914, and Sections 181 to 207 to this Act, such restriction and notifications (if any) as may be prescribed, shall apply to the execution and to all proceedings arising out of the execution of certificates filed under sub-section (8):\nProvided as follows -\n(a) subject to the provisions of Section 258, a certificate signed under this Section may be enforced only by the attachment and sale of the movable property of the person against whom the certificate is made, or by the attachment and realization of rent or other debts due to him, or by execution against his person in the manner provided by Chapter XVI, or by any two or more of these processes; and\n(b) no objection by any third person to the attachment or sale of crops shall be entertained except -\n(i) an objection, by a mortgagee holding under a bhugut bandha mortgage, that the judgment debtor has other movable property or assets, from which the sum due can be realized; or\n(ii) an objection, by a lessee holding under a mukarrari lease as described in Section 240, clause (a), that the land in respect of which the arrear accrued is included in his lease, and that the judgment debtor has other movable property or assets from which the sum due can be realised; or\n(iii) an objection, by a cultivator, that he is in possession of the land in respect of which the arrear accrued, that the land is recorded in the record-of-rights as being in the possession of himself or of some person from whom he has lawfully acquired such possession and that the judgment-debtor has other movable property or assets from which the sum due can be realised; or\n(iv) an objection, by such third person, that the land on which such crops were or are standing is entered in the record-of-rights as being in the possession of himself or of some person from whom he has lawfully acquired possession, and that such land does not form part of the tenancy in respect of which the certificate was signed.\n(6) Notwithstanding anything hereinbefore contained, the Deputy Commissioner may, in any case, by written order setting forth the reasons therefor refuse to sign a certificate as aforesaid, or stay for any specified period the execution of any certificate which has been signed.\n(7) An appeal from any order made under sub-section (6) shall lie as provided in Chapter XVI.\nII.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 68
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 17th February, 2020 [bh634]",
        "Act Number": "",
        "Enactment Date": "",
        "Act Year": "",
        "Short Title": "Bihar and Orissa Public Demand Recovery Rules",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:55:19"
}