Rules and Forms Prescribed by the Board of Revenue under Section 48 of Bihar and Orissa Public Demands Recovery Act, 1914

{
    "id": 15617,
    "slug": "rules-and-forms-prescribed-by-the-board-of-revenue-under-section-48-of-bihar-and-orissa-public-demands-recovery-act-1914",
    "title": "Rules and Forms Prescribed by the Board of Revenue under Section 48 of Bihar and Orissa Public Demands Recovery Act, 1914",
    "short_title": "Rules and Forms Prescribed by the Board of Revenue under Section 48 of Bihar and Orissa Public Demands Recovery Act, 1914",
    "act_number": "Published under Board's Notification No. 4.7.10, d",
    "act_year": 1914,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Rules and Forms Prescribed by the Board of Revenue under Section 48 of Bihar and Orissa Public Demands Recovery Act, 1914",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Application for attachment of movable property in the possession of the certificate-debtor.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Procedure for the attachment of movable property when its value is up to Rs. 20, or above.",
            "chapter": null,
            "content": "Maintenance and Custody, While Under Attachment of Live-Stock and Other Movable Property\nMaintenance and Custody, While Under Attachment of Live-Stock and Other Movable Property",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Removal of property to the Certificate-Office.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. List of property under attachment.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Debtor's consent to sale of property under attachment.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Custody of property under attachment, at the certificate office or under Nazir's supervision.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Claim of any person that the certificate debtor to property under attachment.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Withdrawal of attachment.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Feeding and tending of live-stock under attachment.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Cost for feedings live-stock and expenses attending its removal to certificate office.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Responsibility of Nazirfor safe custody and proper feeding.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Custody of live-stock in pounds.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Custody of live-stock otherwise than in pound and rates to be allowed for custody and maintenance.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Fees to be charged where attachment of movable property is by actual seizure.",
            "chapter": null,
            "content": "(i)\nWhen the amount under the Certificate exceeds\n\t\t\t\tRs. 1000 -\nRs. P.\n(a) for the seizure under the order of\n\t\t\t\tattachment\n2.00\n(b) for each man necessary to ensure the safe\n\t\t\t\tcustody of property so attached, when such man is actually in\n\t\t\t\tpossession, per diem\n0.40\n(ii)\nWhen amount under certificate is Rs. 1,000 or\n\t\t\t\tunder, but above Rs. 50 -\n(a) for the seizure under the order of\n\t\t\t\tattachment\n1.00\n(b) for each man necessary to ensure the safe\n\t\t\t\tcustody of property so attached, when such man is actually in\n\t\t\t\tpossession, per diem\n0.25\n(iii)\nWhen the amount under certificate is Rs. 50 of\n\t\t\t\tunder -\n(a) for the seizure under the order of\n\t\t\t\tattachment\n0.50\n(b) for each man necessary to ensure the safe\n\t\t\t\tcustody of property so attached, when such man is actually in\n\t\t\t\tpossession, per diem\n0.25\n[Note. - A surcharge at the following rates shall be levied on the fees prescribed under this Rule -]\n[Note.\nRate of Surcharge\nRs. P.\n1.\nOn every whole rupee\n0.40\n2.\n(a) on a fraction of rupee up to and including [twenty five paise]\n0.15\n(b) on a fraction of a rupee exceeding [twenty   five paise] but not exceeding [fifty paise]\n0.20\n(c) on a fraction of a rupee exceeding [fifty paise] but not exceeding [seventy five paise]\n0.35\n(d) on a fraction exceeding [seventy five paise] but less than [one rupee]\n0.40",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "13",
            "title": "15. Sale of movable property falling under Rule 13 of Schedule II, or of value not exceeding Rs. 20, or of greater value.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Purchase by the certificate holder.",
            "chapter": null,
            "content": "(ii) Where a certificate-holder purchases with such permission, the purchase-money and the amount due on the certificate may be set off against one another and the Certificate-Officer executing the certificate shall enter up to the satisfaction of the certificate in whole or in part accordingly.\n(iii) Where a certificate-holder purchases, by himself or through another person, without such permission, the Certificate-Officer may, if he thinks fit, on the application of the certificate-debtor or any other person whose interests are affected by the sale, by written order set aside the sale; and the cost of such application and orders, and any deficiency of price which may happen on the resale, and all expenses attending it shall be paid by the certificate-holder.\n(iv) This Rule shall not apply when the certificate-holder is the Government.\nPoundage Fees\nPoundage Fees",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Levy of poundage fees.",
            "chapter": null,
            "content": "(ii) The percentage leviable shall be calculated on multiples of Rs. 25, that is to say, a poundage fee of [fifty paise] shall be levied for every Rs. 25 or part of Rs. 25 realised by the sale, up to Rs. 1,000, and in the case of the proceeds of the sale exceeding Rs. 1,000, a fee of [twenty five paise] shall be levied for every Rs. 25 or part thereof of the excess proceeds above Rs. 1,000.\n(iii) In case in which several properties are sold in satisfaction of one certificate only one poundage fee, calculated on the gross sale-proceeds, shall be levied, 2 per cent being charged on the gross sale-proceeds up to Rs. 1,000 and one percent of the excess over Rs. 1,000 of such proceeds.\n(iv) The proceeds of a sale effected in execution of any certificate may be paid out of Court only on an application made for that purpose in writing, and the poundage fee for selling the property shall be paid by stamps affixed to the first of such applications, whether it be, or be not, made by the person who obtained the order for sale, or whether it does or does not, extend to the whole of the proceeds. No fee shall be chargeable upon any such application subsequent to the first.\n(v) In case in which the certificate-holder applies for leave to purchase under Rule 16 (i), no order to set off the purchase-money against the amount of certificate shall be made upon the application for leave to purchase. Such order shall be made upon a petition presented after the property has been knocked down to the certificate holder at the auction sale, and such petition shall be stamped with stamps of the value of the poundage fee due for selling the property.\nNote. - On the fees prescribed in clause (i) of this Rule, a surcharge at the rate of 2[Nineteen paise]shall be levied for every Rs. 25, or part thereof realised by the sale, upto Rs. 1,000, and in the case of the proceeds of the sale exceeding Rs. 1,000, a surcharge of [twenty paise] shall be levied for every Rs.25, or part thereof the excess proceeds above Rs. 1,000.\nNote.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Addition of costs, etc., to certificate and payment by certificate-holder of purchase-money in excess of the amount of certificate.",
            "chapter": null,
            "content": "[19. Mode of payment of Court fee by a Nationalized Bank at the time of filing a requisition for certificate.\nForms\nForms\nForm No. 1\nForm No. 1\nSummons to appear and answer charge of obstructing execution of certificate\nSummons to appear and answer charge of obstructing execution of certificate\n[ See Section 33 (2) of the Act]\nCertificate No............of...........\nWhereas............the certificate-holder in the above certificate has complained to this Court that you have resisted (or obstructed) the officer charged with the execution of the warrant for possession.\nYou are hereby summoned to appear in this Court on the...............day of..... 20..................at...........A.M. to answer the said complaint.\nGiven under my hand and seal, this day of.20...\nCertificate Officer of.........\nForm No. 2\nForm No. 2\nWarrant of Committal\nWarrant of Committal\n[ See Section 34 of the Act]\nCertificate Officer of.....\nForm No. 3\nForm No. 3\nOrder for the release of a person imprisoned in execution of a certificate\nOrder for the release of a person imprisoned in execution of a certificate\n[ See Sections 40 and 41 of the Act]\nCertificate no.............of................20..........\nThe Officer-in-charge of the civil prison at Under orders passed this day, you are hereby directed to set free certificate-holder, now in your custody.\nCertificate Officer of.........\nForm No. 4\nForm No. 4\nAttachment in Execution\nAttachment in Execution\nProhibitory order, where the property consists of debts not being negotiable instruments, or of movable property not in the possession of the certificate-debtor.\nProhibitory order, where the property consists of debts not being negotiable instruments, or of movable property not in the possession of the certificate-debtor.\n[ See Rule 16(1)(a) and (c) of Schedule II of the Act]\nWhereas..................has failed to satisfy certificate no............of 20....for Rs it is ordered that certificate-debtor be, and is hereby, prohibited and restrained until the further order of this Court, from receiving from [your] ............... to the said certificate-debtor, namely.................and that you the said............be and you.\nCertificate Officer of......\nForm No. 5\nForm No. 5\nAttachment in Execution\nAttachment in Execution\nProhibition order, where the property consists of shares in the capital of a corporation\nProhibition order, where the property consists of shares in the capital of a corporation\n[ See Rule 16(1)(b) of Schedule II of the Act]\n............... certificate-debtor and to ..............Secretary of.......................... Corporation...............\nWhereas..................has failed to satisfy certificate no............of........... 20............for Rs.............it is ordered that you, the defendant, be, and you are hereby prohibited and restrained, until the further order of this Court from making any transfer of..............shares in the aforesaid corporation, namely...............or from receiving payment of any dividends thereon; and you...................the Secretary of the said Corporation, are hereby prohibited and restrained from permitting any such transfer or making any such payment.\nCertificate Officer\nForm No. 6\nForm No. 6\nAttachment of Examination\nAttachment of Examination\nProhibitory order where the property to be attached consists of movable property, to which the certificate-debtor is entitled subject to a lien or right of some other person to the immediate possession hereof.\nProhibitory order where the property to be attached consists of movable property, to which the certificate-debtor is entitled subject to a lien or right of some other person to the immediate possession hereof.\n[ See Rule 16(1)(c) of Schedule II of the Act]\nWhereas..............has failed to satisfy certificate no......................of........ 20,..............for Rs.............it is ordered that the certificate-debtor be, and is hereby prohibited and restrained until the further order of this Court from receiving from.............the following property in the possession of the said.....................that is to say,...........to which the certificate-debtor is entitled, subject to any claim of the said............and the said is hereby prohibited and restrained, until the further order of this Court from delivering the said property to any person or persons whomsoever.\nGiven under my hand and seal, this day of.20........\nForm No. 7\nForm No. 7\nOrder to attach salary of public officer or servant of railway company or local authority\nOrder to attach salary of public officer or servant of railway company or local authority\n[ See Rule 18 of Schedule II of the Act]\nWhereas...............certificate-debtor or in certificate case no..........of... 20.................... is [a] receiving his salary/allowance at your hands and whereas certificate holder in the said case, has applied in this Court for the attachment of the salary/allowance of the said...............to the extent of due to him under the certificate, you are hereby required to withhold the said of from the ..........of the certificate, you are hereby required to withhold the said of.................. from the salary/allowance..............of the said.........................in monthly instalments of ..........and the remit the said sum/monthly instalments to the Court.\nCertificate Officer\nForm No. 8\nForm No. 8\nOrder of attachment of negotiable instrument\nOrder of attachment of negotiable instrument\n[ See Rule 19 of Schedule II of the Act]\nThe Collectorate Nazir ,\nWhereas an order has been passed by this Court on the....................day of. 20................for the attachment of..............you are hereby directed to seize the said...........and bring the same into Court.\nGiven under my hand and seal, this.................day of.........20.............\nCertificate Officer\nForm No. 9\nForm No. 9\nProhibitory order, where the property consists of money or any security in the custody of a Court of Justice or officer of Government\nProhibitory order, where the property consists of money or any security in the custody of a Court of Justice or officer of Government\n[ See Rule 20 of Schedule II of the Act]\nCertificate Case No...............of 20..........\nSir,\nThe certificate-holder having applied under Rule 20 of Schedule II of the Bihar and Orissa Public Demands Recovery Act, 1914, for an attachment of certain money now in [your hands] ;\nI request that you will hold the said money subject to the further order of this Court.\nYours faithfully\nCertificate Officer\nForm No. 10\nForm No. 10\nNotice to person in possession of movable property sold in execution\nNotice to person in possession of movable property sold in execution\n[ See Rule 35 (2) of Schedule II of the Act]\nWhereas.............has become the purchaser at a public sale in execution of certificate no................dated..........20..............of...........now in your possession, you are hereby prohibited from delivering possession of the and.............. ... to any person.\nGiven under my hand and seal, this.................day of..........20.............\nCertificate Officer\nForm No. 11\nForm No. 11\nProhibitory order against the transfer of shares sold in execution\nProhibitory order against the transfer of shares sold in execution\n[ See Rule 35(3) of Schedule II of the Act]\nAnd..............Secretary of...............Corporation.\nWhereas has become the purchaser at a public sale in execution of certificate no. ...........dated..........20..............of certain share in the above Corporation, that is to say, of...........standing in the name of your..............; it is ordered that you...............be, and you are hereby, prohibited from making any transfer of the said shares to any person except the said.................the purchaser aforesaid or from receiving any dividends thereon; and you...................Secretary of the said Corporation, from permitting any such transfer or making any such payment to any person except the said.................the purchaser aforesaid, payment to any person except the said...................the purchaser aforesaid.\nGiven under my hand and seal, this...................day of..........20................\nCertificate Officer\nForm No. 12\nForm No. 12\nProhibitory order against payment of debts sold to execution to any person other than the purchaser\nProhibitory order against payment of debts sold to execution to any person other than the purchaser\n[ See Rule 35(3) of Schedule II of the Act]\n..................................and to...........................................\nCertificate Officer\nForm No. 13\nForm No. 13\nCertificate to certificate-debtor authorising him to mortgage, lease or sell property\nCertificate to certificate-debtor authorising him to mortgage, lease or sell property\n[ See Rule 42 of Schedule II of the Act]\nDescription of Property\nDescription of Property\nCertificate Officer",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 17th February, 2020 [bh635]",
        "Act Number": "Published under Board's Notification No. 4.7.10, dated 06.09.1915",
        "Enactment Date": "",
        "Act Year": "1914",
        "Short Title": "Rules and Forms Prescribed by the Board of Revenue under Section 48 of Bihar and Orissa Public Demands Recovery Act, 1914",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:55:19"
}