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The Bengal Public Demands Recovery Act, 1913

The Bengal Public Demands Recovery Act, 1913

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Sections

1. Short title commencement and extent.

Section 1

2. Repeals.

Section 2

3. Definitions.

Section 3

4. Filing of certificate for public demand payable to Collector.

Section 4

5. Requisition for certificate in other cases.

Section 5

6. Filing of certificate on requisition.

Section 6

7. Service of notice and copy of certificate on certificate debtor.

Section 7

8. Effect of service of notice of certificate.

Section 8

9. Filing of petition denying liability.

Section 9

10. Hearing and determining of such petition.

Section 10

11. Who may execute certificate.

Section 11

12. Transmission of certificate to another Certificate Officer for execution.

Section 12

13. When certificate may be executed.

Section 13

14. Modes of execution.

Section 14

15. Certain sales by whom to be held.

Section 15

16. Interest, costs and charges recoverable.

Section 16

17. Attachment of property.

Section 17

18. Payment of moneys, contrary to attachment to be void.

Section 18

19. Attachment of decree.

Section 19

20. Purchaser's title.

Section 20

21. Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff.

Section 21

22. Application to set aside sale of immovable property on deposit.

Section 22

23. Application to set aside sale of immovable property on ground of non-service of notice or irregularity.

Section 23

24. Application to set aside sale on ground that certificate debtor had no saleable interest or that property did not exist.

Section 24

25. Sale when a to become absolute or be set aside.

Section 25

26. Disposal of proceeds of execution.

Section 26

27. Application by purchaser resisted or obstructed in obtaining possession of immovable property.

Section 27

28. Procedure on such application.

Section 28

29. Power of arrest and detention.

Section 29

30. Release from arrest and re-arrest.

Section 30

31. Detention in and release from prison.

Section 31

32. Release on ground of illness.

Section 32

33. Under disability.

Section 33

34. Suit in Civil Court to have certificate cancelled or modified.

Section 34

35. Grounds for cancellation or modification of certificate by Civil Court.

Section 35

36. Suit to recover possession of, or to set aside sale of immovable property, where notice of certificate not served.

Section 36

37. General bar to jurisdiction of Civil Courts save where fraud alleged.

Section 37

38. Effect of rules in Schedule II.

Section 38

39. Power of Board of Revenue to make rules as to procedure.

Section 39

40. Publication and effect of rules made under Section 39.

Section 39

41. Persons under disability.

Section 41

42. Continuance of certificates.

Section 42

43. Procedure on the death of certificate holder.

Section 43

44. Cancellation of certificates.

Section 44

45. Costs.

Section 45

46. Compensation.

Section 46

47. Entry into dwelling house.

Section 47

48. Application of Act XVIII of 1850.

Section 48

49. Officers to have powers of Civil Court for certain purposes.

Section 49

50. Control over officers.

Section 50

51. Appeal.

Section 51

52. Bar to second appeals.

Section 52

53. Revisions.

Section 53

54. Review.

Section 54

55. Saving of other Acts.

Section 55

56. Application of the [Indian Limitation Act, 1908 (IX of 1908)] .

Section 56

57. Certificate Officer deemed to be a Court.

Section 57

58. Penalties.

Section 58

59. Signature of documents by ministerial officers.

Section 59

1. Signature and verification or requisition for certificates.

Section 1

2. Mode of service.

Section 2

3. Service on certificate debtor or his agent.

Section 3

4. Service on adult male member of certificate debtor's family.

Section 4

5. Person served to sign acknowledgement.

Section 5

6. Procedure where certificate debtor refuses to accept service or cannot be found.

Section 6

7. Endorsement of time and manner of service.

Section 7

8. Examination of serving officer.

Section 8

9. Service by post.

Section 9

10. Signature and verification of petition denying liability.

Section 10

11. Transfer of such petition.

Section 11

12. Execution in another district.

Section 12

13. Application for attachment of movable property in the possession of the certificate debtor.

Section 13

14. Procedure for the attachment of movable property when its value is up to Rs. 20 or above.

Section 14

15. Attachment of movable property (other than agricultural produce) in possession of certificate debtor.

Section 15

16. Attachment of agricultural produce.

Section 16

17. Provisions as to agricultural produce under attachment.

Section 17

18. Attachment of debt, share and other movable property not in possession of certificate debtor.

Section 18

19. Attachment in share of movables.

Section 19

20. Attachment of salary or allowances of public officer or servants of railway company or local authority.

Section 20

21. Attachment of negotiable instruments.

Section 21

22. Attachment of property in custody of Court or public officer.

Section 22

23. Attachment of immovable property.

Section 23

24. Removal of attachment on satisfaction or cancellation of certificate.

Section 24

25. Custody of property under attachment.

Section 25

26. Removal of property to Court.

Section 26

27. List of the property under attachment.

Section 27

28. Debtor's consent to the sale of the property under attachment.

Section 28

29. Custody of property under attachment while in Court.

Section 29

30. Claim of any person other than the certificate debtor to be the property under attachment.

Section 30

31. Withdrawal of attachment.

Section 31

32. Feeding and tending of live-stock under attachment.

Section 32

33. Cost for feeding live-stock and expenses attending its removal to Court.

Section 33

34. Responsibility of the Nazir for safe custody and proper feeding.

Section 34

35. Custody of live-stock in Government pounds.

Section 35

36. Responsibility of the Nazir for the custody of live-stock.

Section 36

37. Rates or be allowed for the custody and maintenance of various description of live-stock.

Section 37

38. Fees to be charged where process of attachment of movable property is by actual seizure.

Section 38

39. Investigation by Certificate Officer.

Section 39

40. Evidence to be adduced.

Section 40

41. Release of property from attachment or sale.

Section 41

42. Disallowance of claim to property attached.

Section 42

43. Saving of suits to establish right to attached property.

Section 43

44. Power to order sale of attached property.

Section 44

45. Sale of movable property falling under Rule 15 or of value not exceeding Rs. 40 or of greater value.

Section 15

46. Proclamation of sale by public auction.

Section 46

47. Mode of making proclamation.

Section 47

48. Time of sale.

Section 48

49. Purchase of property by the certificate holder.

Section 49

50. Adjournment or stoppage of sale.

Section 50

51. Defaulting purchaser answerable for loss on re-sale.

Section 51

52. Restriction on bidding or purchase by officers.

Section 52

53. Levy of pundage fees.

Section 53

54. Addition of costs etc. to certificate and payment by certificate holder of purchase money in excess of the amount of certificate.

Section 54

55. Sale of agricultural produce.

Section 55

56. Special provisions relating to growing crops.

Section 56

57. Sale by public auction.

Section 57

58. Irregularity not to vitiate sale, but any person injured may sue.

Section 58

59. Delivery of movable property debts and shares.

Section 59

60. Transfer of negotiable instruments and shares.

Section 60

61. Vesting order in case of other property.

Section 61

62. Sale of tenure or holding at affixed rates, subject to registered and notified incumbrances.

Section 62

63. Sale of tenure or holding at fixed rate, with power to avoid all incumbrances.

Section 63

64. Sale of occupancy holding with power to avoid all incumbrances.

Section 64

65. Rules 62 to 64 not to apply in certain cases to certificate holders who are co-sharer landlords.

Section 65

66. Postponement of sale to enable certificate debtor or raise amount due under certificates.

Section 66

67. Prohibition of purchaser of tenure or holding by certificate debtor.

Section 67

68. Deposit by purchaser and re-sale in default.

Section 68

69. Time for payment of purchase money in full.

Section 69

70. Procedure in default of payment.

Section 70

71. Notification on re-sale.

Section 71

72. Bid of co-sharer to have preference.

Section 72

73. Return of purchase money in certain cases.

Section 73

74. Certificate to purchaser.

Section 74

75. Delivery of property in occupancy of tenant or other debtor.

Section 75

76. Delivery or property in occupancy of tenant or other person.

Section 76

77. Discretionary power to permit certificate debtor to show cause against detention in prison.

Section 77

78. Subsistence allowance.

Section 78

79. Register of certificate.

Section 79

80. Payment by instalment.

Section 80

81. Remittance to Certificate Officer of sums received under a certificate transferred for execution.

Section 81

82. Entry of satisfaction.

Section 82

83. Communication of satisfaction to other persons.

Section 83

84. Forms in Appendix.

Section 84