Bihar and Orissa Public Demands Recovery Act, 1914

{
    "id": 15207,
    "slug": "bihar-and-orissa-public-demands-recovery-act-1914",
    "title": "Bihar and Orissa Public Demands Recovery Act, 1914",
    "short_title": "Bihar and Orissa Public Demands Recovery Act, 1914",
    "act_number": "[Bihar and Orissa Act No. 4 of 1914]",
    "act_year": 1914,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "unknown",
    "enactment_date": "1970-01-01",
    "description": "Bihar and Orissa Public Demands Recovery Act, 1914",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, commencement and extent.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Repeal.",
            "chapter": null,
            "content": "(a) The Public Demands Recovery Act, 1895 (Ben. Act I of 1895), and\n(b) The Bengal Public Demands Recovery (Amendment) Act, 1897 (Ben. Act I of 1897).",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Definitions.",
            "chapter": null,
            "content": "(1) \"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;\n(2) \"Certificate Holder\" means the Government or person 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.\n(3) \"Certificate-Officer\" means a Collector, a Sub-Divisional Officer, and any officer appointed by a Collector, with the sanction of the Commissioner, to perform the functions of a Certificate Officer;\n(4) \"Movable Property\" includes growing crops;\n(5) \"Prescribed\" means prescribed by Rules;\n(6) \"Public Demand\" means any arrear or money mentioned or referred to in Schedule I, and includes any interest which may by law, be chargeable thereon upto the date on which a certificate is signed under Part II; and\n(7) \"Rules\" means Rules and forms contained in Schedule II or made under Section 48.\nPart-II\nFiling, Service and Effect of Certificates, and Hearing of Objections thereto",
            "footnote": "",
            "is_definition": true,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Filing of certificate for public demand payable to Collector.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Requisition for certificate in other cases.",
            "chapter": null,
            "content": "Note 1. - Damages under Section 68 of the Bengal Tenancy Act, or Section 175 of the Chota Nagpur Tenancy Act cannot be included in certificates for arrears of rent.\nNote 1.\n[Note 2. - Requisitions made in respect of public demands payable to Government shall not be chargeable with any Court-fee (Board's Notification No. 4-4169, dated the 15th July, 1970)]\n[Note 2.\nNote 3. - Government are pleased to exempt the Encumbered estates in Chota Nagpur and all Court of Wards estates in Bengal having properties in this province from pre-payment of ad valorem and process fees in certificate cases on the understanding that no question of remission of the fees will be considered, however insolvent the estates will be.\nNote 3.\nNote 4. - Government have exempted from pre-payment of ad valorem Court-fee, certificates issued under the Bihar and Orissa Co-operative Societies Act, 1935, on condition that the Court-fee will be the first charge on any sum realised in cash.\nNote 4.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Filing of certificate on requisition.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Service of notice and copy of certificate on certificate debator.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Effect of service of notice of certificate.",
            "chapter": null,
            "content": "(a) any private transfer or delivery of any of his immovable property situated in the district or, in the case of a Revenue paying Estate, borne on the revenue roll of the district in which the certificate is filed or of any interest in any such property shall be void against any claim enforceable in execution of the certificate; and\n(b) the amount due from time to time in respect of the certificate shall be a charge upon such property , to which every other charge created subsequently to the service of the said notice shall be postponed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Filing of petition denying liability.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Hearing and determining of such petition.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Power to amend certificate by addition, omission or substitution of parties.",
            "chapter": null,
            "content": "Part-III\nExecution of Certificates",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Who may execute certificate.",
            "chapter": null,
            "content": "(a) the Certificate Officer in whose office the original certificate is filed or\n(b) the Certificate Officer to whom a copy of the certificate is sent for execution under Section 13 sub-section (1).",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Transmission of certificate to another Certificate Officer for execution.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. When certificate may be executed.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Modes of execution.",
            "chapter": null,
            "content": "(a) by attachment, and sale, if necessary, of any property, or, in the case of immovable property, by sale without previous attachment, or\n(b) by arresting the Certificate-debtor and detaining him in civil prison, or\n(c) by both of the methods mentioned in clauses (a) and (b).",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Certain sales by whom to be held.",
            "chapter": null,
            "content": "(a) by the Certificate Officer exercising jurisdiction in the district to the revenue roll of which the estate or share appertains, or\n(b) by the Certificate Officer exercising jurisdiction in the district in which such estate or share is situated:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Interest, cost and charges recoverable.",
            "chapter": null,
            "content": "(b) such costs as are directed to be paid under Section 54 and\n(c) all charges incurred in respect of-\n(i) the service of notice under Section 7 and of warrants and other processes and,\n(ii) all other proceedings taken or realising the demand.]\nAttachment\nAttachment",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Property liable to attachment and sale in execution of a certificate.",
            "chapter": null,
            "content": "Note. - Under Sections 2(1 )(a) and (b) and 33 of the Bengal Settled Estates Act, 1904, immovable property, securities and heir looms forming part of an estate settled under that Act can only be sold under the certificate procedure with the Special sanction of the State Government:\nNote.\n(a) the necessary wearing-apparel, cooking vessels, beds and bedding of the certificate-debtor, his wife and children, and such personal ornaments as, in accordance with religious usage, cannot be parted with by any woman;\n(b) tools of artizans and where the certificate-debtor is an agriculturist his implements of husbandry and such cattle and seed grain as may, in the opinion of the Certificate Officer, be necessary to enable him to earn his livelihood as such, and such portion of agricultural produce or as of any class of agricultural produce may have been declared to be free from liability under the provision of the next following Section;\n(c) houses and other buildings (with the materials & the site thereof and the land immediately appurtenant thereto and necessary for their enjoyment) belonging to an agriculturist and occupied by him;\n(d) books of account;\n(e) a mere right to sue for damages;\n(f) any right of personal service;\n(g) stipends and gratuities allowed to pensioners of the Government or payable out of any service family pension fund notified in the Official Gazette by the Central or any State Government in this behalf and political pensions;\n(h) allowances (being less than salary) of any public officer or of any servant of a railway company or local authority while absent from duty;\n(i) the salary or allowances equal to salary of any such public officer or servant as is referred to in clause (h), while on duty, to the extent of -\n(i) the whole of the salary where the salary does not exceed twenty rupees monthly;\n(ii) twenty rupees monthly, where the salary exceeds twenty rupees and does not exceed forty rupees monthly; and\n(iii) one moiety of the salary in any other case;\n(j) the pay and allowances of persons to whom the Indian Articles of War apply;\n(k) all compulsory deposits and other sums in or derived from any fund to which the Provident Funds Act, 1897 (Act IX of 1897) for the time being applies in so far as they are declared by the said Act not to be liable to attachment;\n(l) the wages of labourers and domestic servants whether payable in money or in kind;\n(m) an expectancy of succession by survisorship or other merely contingent or possible right or interest;\n(n) a right to future maintenance;\n(o) any allowance declared by any Indian law in force in the State, to be exempt from liability to attachment or sale in execution of a decree;\n(p) where the Certificate debtor is a person liable for the payment of land revenue, and movable property which, under any law for the time being applicable to him, is exempt from sale for the recovery of an arrear of such revenue, and\n(q) any immovable property which under the Tenancy law for the time being in force in the local area in which the Certificate is to be executed, would not have been liable to sale had the certificate been a decree of a Court of ordinary jurisdiction.\n(a) to exempt houses and other buildings (with the materials and sites thereof and the lands immediately appurtenant thereto and necessary or their enjoyment) from attachment or sale in execution of certificates for rent of any such house, building, site or land; or\n(b) to affect the provisions of the Army Act or of any similar law for the time being in force.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Partial exemption of agricultural produce.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Payment of moneys, contrary to attachment, to be void.",
            "chapter": null,
            "content": "Investigations of claims and Objections\nInvestigations of claims and Objections",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Investigation by Certificate Officer.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Evidence to be adduced.",
            "chapter": null,
            "content": "(a) (in the case of immovable property) at the date of the service of the notice under Section 7, or\n(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.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Release of property from attachment or sale.",
            "chapter": null,
            "content": "(a) (in the case of immovable property) at the date of the service of the notice under Section 7, or\n(b) (in the case of movable property) at the date of the attachment,",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. Disallowance of claim to property attached.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "25. Saving of suits to establish right to attached property.",
            "chapter": null,
            "content": "Sale\nSale",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26",
            "title": "26. Purchaser's title.",
            "chapter": null,
            "content": "(i) a registered and notified incumbrance within the meaning of the said Chapter shall not be so annulled except in the case mentioned therein, and\n(ii) the power to annul shall be exercisable only in the manner directed under that Chapter.\n(a) the Commissioner may by order, in any case in which he may consider it desirable so to do - (i) prohibit the sale of any tenure or portion  thereof; (ii) stay any such sale for any period specified in the order;]\n(b) when a tenure or holding is sold in execution of a certificate for arrears of rent due in respect thereof, sub-section (1) shall not apply, but the purchaser shall acquire such right therein as if he had purchased at a sale thereof under sub-section (1) of Section 208 of the Chotanagpur Tenancy Act, 1908 in execution of a decree for such arrears.\n(i) in the case of a sale of one or more shares, acquire the shares, subject to all incumbrances, and\n(ii) in the case of a sale of the entire estate, acquire the estate free from all incumbrances with the following exceptions namely -\nFirst -  Istamrarior mukarraritenures which have been held at a fixed rent from the time of the permanent settlement.\nSecondly - Tenures existing at the time of permanent settlement which have not been held at a fixed rent;\nThirdly - Tenures created or recognised by the settlement proceedings of any current temporary settlement, as tenures bearing a rent which is fixed for the period of such settlement;\nFourthly - Tenures of lands whereon dwelling houses, manufactories or other permanent buildings have been erected, or whereon permanent gardens, plantations, tanks, canals, places of worship or burning or burying grounds have been made:\n(a) Where a separate account has been opened or one or more shares, the share or shares from which the arrears may be due shall be put up to sale in the first instance but if in any case of such sale the highest bid for share or shares put up to sale does not reach a sum sufficient to liquidate the amount of the certificate and costs including the costs of sale, the Certificate Officer shall stop the sale; and shall declare that the entire estate shall be put up to sale for the arrears of cess and costs of the certificate at a further date; unless the other recorded sharer or sharers or one or more of them shall within a period of thirty days from the date on which the share or shares were last put up to sale, purchase the shares in arrears by paying the said amount of certificate due from such share;\n(b) where the entire estate is sold, it shall, in the first instance be put up to auction subject to incumbrances created by registered instruments and if the bidding reaches a sum sufficient to liquidate the amount of the certificate and costs including the costs of sale, the estate shall be sold subject to such incumbrances;\n(c) where the bidding for the entire estate does not reach a sum sufficient to liquidate the amount of the certificate and costs as aforesaid and if the certificate-holder thereupon desires that the estate be sold with power to annul all incumbrances, the officer holding the sale shall adjourn the sale and make a fresh proclamation for sale announcing that the estate shall be put to auction and sold with power to annul all incumbrances upon a future day specified therein, and upon that day, the estate shall be put up to auction and sold with power to annul all incumbrances;\n(d) where a purchaser or an estate having power to annul an incumbrance under the foregoing clause of this proviso desires to annul the same he may within one year from the date of the sale or the date on which he first has notice of the incumbrance, whichever is later, present to the Certificate Officer an application in writing, requesting him to serve on the incumbrancer a notice in the prescribed from declaring that the incumbrance is annulled, and thereupon the Certificate Officer shall cause the notice to be served in the prescribed manner and the incumbrance shall be deemed to be annulled from the date on which it is so served;\n(e) reasonable facilities may be allowed to the certificate-debtor to pay the amount of the certificate and costs at any time before the date of sale of the estate in such number of instalments as the Collector may think fit;\n(f) notwithstanding anything contained in this Act, the certificate debtor shall have the right to deposit the amount of certificate and costs including the cost of sale within ninety days after the date of sale and on the amount being so deposited, the Certificate Officer shall make an order setting aside the sale.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "27",
            "title": "27. Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff.",
            "chapter": null,
            "content": "Setting Aside Sale\nSetting Aside Sale",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "28",
            "title": "28. Application to set aside sale of immovable property on deposit.",
            "chapter": null,
            "content": "(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 sale to the date when the deposit is made;\n(b) for payment to the purchaser, as penalty, a sum equal to ten percent of the purchase money, but not less than one rupee;\n(c) for payment to the Collector (where the certificate is for a public demand payable to the Collector), such outstanding charges due to the Government under any law for the time being in force as the Collector certifies to be payable by the certificate-debtor.\nNote. - In computing the 30 days prescribed in Section 28 (1), the day of sale should be excluded.\nNote.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "29",
            "title": "29. Application to set aside sale of immovable property on ground of non-service of notice or irregularity.",
            "chapter": null,
            "content": "(a) no sale shall be set aside on the ground of any such material irregularity unless the Certificate Officer is satisfied that the applicant has sustained substantial injury thereby; and\n(b) before the Certificate Officer passes an order setting aside a sale under this Section he shall require the certificate-debtor to pay the amount actually found due from. him.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "30",
            "title": "30. Application to set aside sale on ground that certificate-debtor had no saleable interest or that property did not exist.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "31",
            "title": "31. Sale when to become absolute or be set aside.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "32",
            "title": "32. Disposal of proceeds of execution.",
            "chapter": null,
            "content": "(a) there shall first be paid to the certificate-holder the cost incurred by him;\n(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 realised;\n(c) if there remains a balance after these sums have been paid, there shall be paid to the certificate-holder therefrom 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 realised; 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.\nObstruction of Possession After Sale\nObstruction of Possession After Sale",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "33",
            "title": "33. Application by purchaser resisted or obstructed in obtaining possession of immovable property.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "34",
            "title": "34. Procedure on such application.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "35",
            "title": "35. Dispossession by purchaser.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "36",
            "title": "36. Bona fide claimant to be restored to possession.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "37",
            "title": "37. Orders conclusive subject to suit in a Civil Court.",
            "chapter": null,
            "content": "Arrest, Detention and Release\nArrest, Detention and Release",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "38",
            "title": "38. Power of arrest and detention.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "39",
            "title": "39. Release from arrest and re-arrest.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "40",
            "title": "40. Detention in, and release from prison.",
            "chapter": null,
            "content": "(a) where the certificate is for a demand of an amount exceeding fifty rupees-for a period of six months, and\n(b) in any other case - for a period of six weeks:\n(i) on the amount mentioned in the warrant for his detention being paid to the office-in-charge of the civil prison, or\n(ii) on the certificate being otherwise fully satisfied or cancelled, or\n(iii) on the request of the person (if any) on whose requisition the certificate was filed or of the Collector, or\n(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:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "41",
            "title": "41. Release on ground of illness.",
            "chapter": null,
            "content": "(a) by the Collector, on the ground of the existence of any infections or contagious disease, or\n(b) by the Certificate Officer, or the Collector, on the ground of his suffering from any serious illness.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "42",
            "title": "42. Prohibition of arrest or detention of women and persons under disability.",
            "chapter": null,
            "content": "(a) a woman, or\n(b) any person who, in his opinion, is a minor or of unsound mind.\nPart-IV\nReference to Civil Court",
            "footnote": "",
            "is_definition": false,
            "sort_order": 41
        },
        {
            "number": "43",
            "title": "43. Suit in Civil Court to have certificate cancelled or modified.",
            "chapter": null,
            "content": "(1) from the service upon him of the notice required by Section 7, or\n(2) if he files, in accordance with Section 9, a petition denying liability -  from the date of the determination of the petition, or\n(3) if he appeals, in accordance with Section 60, from an order passed under Section 10 from the date of the decision of such appeal.\n(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\n(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 -\n(i) within thirty days from the service of the notice required by Section 7, or\n(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\n(iii) if he has appealed in accordance with Section 60 - then within thirty days from the decision of the appeal:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 42
        },
        {
            "number": "44",
            "title": "44. Grounds for cancellation or modification of certificate by Civil Court.",
            "chapter": null,
            "content": "(a) that the amount stated in the certificate was actually paid or discharged before the signing of the certificate;\n(b) that no part of the amount stated in the certificate was due by the certificate debtor to the certificate holder; or\n(c) that, in the case of fines imposed, or costs, charges, expenses, damages, duties or fees adjudged, by a Collector or a public officer under any law or any Rule having the force of law, the proceedings of such Collector 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.\n(i) that a portion of the alleged debt was not due; or\n(ii) that the certificate-debtor has not received credit for any portion which he has paid.\nNote. - The mere fact that a greater sum is claimed as due in a certificate made under this Act does not render the certificate and the notice bad so as to exclude the operation of the Rule of limitation laid down in Section 43.\nNote.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 43
        },
        {
            "number": "45",
            "title": "45. Suit to recover possession of, or to set aside sale of immovable property, where notice of certificate not served.",
            "chapter": null,
            "content": "(a) if instituted more than one year from the date on which possession of the property was delivered to the purchaser; or\n(b) if the certificate-debtor has made appearance in the certificate proceedings, or has applied to the Certificate Officer under Section 28 to set aside the sale.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 44
        },
        {
            "number": "46",
            "title": "46. General bar to jurisdiction of Civil Courts, save where fraud alleged.",
            "chapter": null,
            "content": "Part-V\nRules",
            "footnote": "",
            "is_definition": false,
            "sort_order": 45
        },
        {
            "number": "47",
            "title": "47. Effect of Rules in Schedule II.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 46
        },
        {
            "number": "48",
            "title": "48. Power of Board of Revenue to make Rules as to procedure.",
            "chapter": null,
            "content": "(a) the signature and verification of requisition made under Section 5;\n(b) the Certificate Officers to whom such requisition should be addressed;\n(c) the case in which such requisition shall not be chargeable with a fee;\n(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;\n(e) the signing and verification of petitions, under Section 9, denying liability;\n(f) the transfer of such petitions to other officers for disposal;\n(g) the scale of charges to be recovered under Section 17, clause (c);\n(h) the maintenance and custody while under attachment, of live stock and other movable property, the fees to be charged for such maintenance and custody, the sale of such live-stock and property, and the disposal of the proceeds of such sale;\n(i) the registers, books and accounts to be kept by Certificate Officers, and the inspection thereof by the public;\n(j) the fee to be charged for the inspection of the register or certificates maintained under Rule 55, in Schedule II;\n(k) the recovery of expenditure on the certificate establishment by the levy of costs under Section 17, clause (b), and Section 54;\n(l) the recovery of poundage fees;\n(m) the forms to be used under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 47
        },
        {
            "number": "48",
            "title": "49. Publication and effect of Rules made under Section 48.",
            "chapter": null,
            "content": "Part-VI\nSupplemental Provisions",
            "footnote": "",
            "is_definition": false,
            "sort_order": 48
        },
        {
            "number": "50",
            "title": "50. Persons under disability.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 49
        },
        {
            "number": "51",
            "title": "51. Continuance of certificate.",
            "chapter": null,
            "content": "(a) the property to which the demand relates ceasing to be under the charge or management of the Court of Wards or the revenue-authorities;\nor\n(b) the death of the certificate-holder.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 50
        },
        {
            "number": "52",
            "title": "52. Procedure on death of certificate-debtor.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 51
        },
        {
            "number": "53",
            "title": "53. Cancellation of certificate.",
            "chapter": null,
            "content": "(i) the certificate-debtor has paid the entire amount mentioned in the certificate, as filed in the office of Certificate Officer under Section 4 or Section 6, without contest before or after the issue of notice under Section 7 of this Act;\n(ii) the certificate-debtor is not traceable.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 52
        },
        {
            "number": "54",
            "title": "54. Cost.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 53
        },
        {
            "number": "55",
            "title": "55. Compensation.",
            "chapter": null,
            "content": "[55A. Restitution consequent on reversal or modification of order.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 54
        },
        {
            "number": "56",
            "title": "56. Entry into dwelling-house.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 55
        },
        {
            "number": "57",
            "title": "57. Application of Act XVIII of 1850.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 56
        },
        {
            "number": "58",
            "title": "58. Officer to have powers of Civil Court for certain purposes.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 57
        },
        {
            "number": "59",
            "title": "59. Control over officers.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 58
        },
        {
            "number": "60",
            "title": "60. Appeal.",
            "chapter": null,
            "content": "(a) if the order was made by an Assistant Collector or a Deputy Collector, or by a Certificate Officer not being the Collector - to the Collector; or\n(b) if the order was made by the Collector - to the Commissioner:\n(i) any Sub-divisional Officer; or\n(ii) any officer appointed under clause (3) of Section 3 to perform the functions of a Certificate Officer;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 59
        },
        {
            "number": "61",
            "title": "61. Bar to second appeals.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 60
        },
        {
            "number": "62",
            "title": "62. Revision.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 61
        },
        {
            "number": "63",
            "title": "63. Review.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 62
        },
        {
            "number": "64",
            "title": "64. Saving of other Acts.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 63
        },
        {
            "number": "65",
            "title": "65. Application of the [Limitation Act, 1963] .",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 64
        },
        {
            "number": "66",
            "title": "66. Certificate Officer deemed to be a Court.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 65
        },
        {
            "number": "67",
            "title": "67. Penalties.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 66
        },
        {
            "number": "68",
            "title": "68. Signature of documents by ministerial officers.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 67
        },
        {
            "number": "69",
            "title": "69. Amendments of the [Bengal Tenancy Act] , 1885 (8 of 1885); the Orissa Tenancy Act, 1913 (B. & O. Act 2 of 1913); and the Chota Nagpur Tenancy Act, 1908 (Bengal Act 6 of 1908).",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 68
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 17th February, 2020 [bh589]",
        "Act Number": "[Bihar and Orissa Act No. 4 of 1914]",
        "Enactment Date": "2 of 1912",
        "Act Year": "1914",
        "Short Title": "Bihar and Orissa Public Demands Recovery Act, 1914",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:55:19"
}