Vidhi Codex

The Bengal Public Demands Recovery Act, 1913

The Bengal Public Demands Recovery Act, 1913

General1913108 sections

This law provides a streamlined mechanism for the government, banks, and public institutions to recover unpaid public debts, taxes, land revenues, and loans without initiating lengthy civil court lawsuits. It applies to individuals, businesses, and legal heirs designated as debtors who owe money to government departments, co-operative societies, or financial institutions. Under this framework, authorized administrative officers issue recovery certificates that allow for the attachment and public sale of a debtor's movable and immovable property, garnishment of income, or arrest in extreme cases. It matters because it ensures efficient collection of public revenue while giving debtors structured opportunities to dispute claims.

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  1. 1. Short title, commencement and extent
  2. 2. Repeal
  3. 3. Definitions
  4. 4. Filing of certificate for public demand payable to Deputy Commissioner
  5. 5. Requisition for the certificate in other cases
  6. 6. Filing of certificate on requisition
  7. 7. Service of notice and copy of certificate on certificate-debtor
  8. 8. Effect of service of notice of certificate
  9. 9. Filing of petition denying liability
  10. 10. Hearing and determination of such petition
  11. 11. Who may execute certificate
  12. 12. Transmission of certificate to another Certificate Officer for execution
  13. 13. When certificate may be executed
  14. 14. Modes of execution
  15. 15. Certain sales by whom to be held
  16. 16. Costs and charges recoverable
  17. 17. Attachment of property
  18. 18. Payment of moneys contrary to attachment to be void
  19. 19. Attachment of decree
  20. 20. Purchaser's title
  21. 21. Suit against purchaser not maintainable on ground of purchase being made on behalf of plaintiff
  22. 22. Application to set aside sale of immovable property on deposit
  23. 23. Application to set aside sale of immovable property on ground of non-service of notice or irregularity
  24. 24. Application to set aside sale on ground that certificate-debtor had no saleable interest or that property did not exist
  25. 25. Sale when to become absolute or be set aside
  26. 26. Disposal of proceeds of execution
  27. 27. Application by purchaser resisted or obstructed in obtaining possession of immovable property
  28. 28. Procedure on such application
  29. 29. Power of arrest
  30. 30. Release from arrest and re-arrest
  31. 31. Detention in and release from prison
  32. 32. Release on ground of illness
  33. 33. Prohibition of arrest or detention of women and persons under disability
  34. 34. Suit in Civil Court to have certificate cancelled or modified
  35. 35. Grounds for cancellation or modification of certificate by Civil Court
  36. 36. Suit to recover possession of, or to set aside sale of, immovable property where notice of certificate not served
  37. 37. General bar to jurisdiction of Civil Courts, save where fraud alleged
  38. 38. Fees to be charged where process of attachment of movable property is by actual seizure
  39. 39. Power of Board of Revenue to make rules as to procedure
  40. 40. Publication and effect of rules made under section 39
  41. 41. Persons under disability
  42. 42. Continuance of certificates
  43. 43. Procedure on death of certificate-debtor
  44. 44. Cancellation of certificates
  45. 45. Costs
  46. 46. Compensation
  47. 47. Entry into dwelling-house
  48. 48. Application of Act XVIII of 1850
  49. 49. Officers to have powers of Civil Court for certain purposes
  50. 50. Control over officers
  51. 51. Appeal
  52. 52. Bar to second appeals
  53. 53. Revision
  54. 54. Addition of costs, etc., to certificate and payment by certificate-holder of purchase money in excess of the amount of certificate
  55. 55. Sale of agricultural produce
  56. 56. Application ofthe Indian Limitation Act, 1908
  57. 57. Certificate Officer deemed to be a Court
  58. 58. Penalties
  59. 59. Signature of documents by ministerial officers
  60. 60. Transfer of negotiable instruments and shares
  61. 61. Vesting order in case of other property
  62. 62. Sale of tenure or holding at fixed rates, subject to registered and notified encumbrances
  63. 63. Sale of tenure or holding at fixed rates, with power to avoid all encumbrances
  64. 64. Sale of occupancy holding, with power to avoid all encumbrances
  65. 65. Rules 62 to 64 not to apply in certain cases to certificate-holders who are co sharer landlords
  66. 66. Postponement of sale to enable certificate-debtor to raise amount due under certificate
  67. 67. Prohibition of purchase of tenure or holding by certificate-debtor
  68. 68. Deposit by purchaser and re-sale in default
  69. 69. Time for payment of purchase-money in full
  70. 70. Procedure in default of payment
  71. 71. Notification on re-sale
  72. 72. Bid of co-sharer to have preference
  73. 73. Return of purchase-money in certain cases
  74. 74. Certificate to purchaser
  75. 75. Delivery of property in occupancy of certificate-debtor
  76. 76. Delivery of property in occupancy of tenant or other person
  77. 77. Discretionary power to permit certificate debtor to show cause against detention in prison
  78. 78. Subsistence allowance
  79. 79. Register of certificates
  80. 80. Payment by instalments
  81. 81. Remittance to Certificate Officer of sums received under a certificate transferred for execution
  82. 82. Entry of satisfaction
  83. 83. Communication of satisfaction to other persons
  84. 83A. Exemption of requisitions from Liquidator of Co-operative Societies from ad valorem fee
  85. 84. Forms in Appendix
  86. FORM No. 10. Order for the release of person imprisoned in execution of a certificate
  87. FORM No. 11. Notice to legal representative of certificate debtor
  88. FORM No. 11-A. Warrant of attachment of movable property
  89. FORM No. 12. Attachment in Execution: PROHIBITORY ORDER, WHERE THE PROPERTY CONSISTS OF DEBTS NOT BEING NEGOTIABLE INSTRUMENTS OR OF MOVABLE PROPERTY NOT IN THE POSSESSION OF THE CERTIFICATE DEBTOR
  90. FORM No. 13. Attachment in Execution: PROHIBITORY ORDER WHERE THE PROPERTY CONSISTS OF SHARES IN THE CAPITAL OF A CORPORATION
  91. FORM No. 14. Attachment in Execution: PROHIBITORY ORDER, WHERE THE PROPERTY TO BE ATIACHED CONSISTS OF MOVABLE PROPERTY, TO WHICH THE CERTIFICATE DEBTOR IS ENTITLED SUBJECT TO A LIEN OF RIGHT OF SOME OTHER PERSON TO THE IMMEDIATE POSSESSION THEREOF
  92. FORM No. 15. Order to attach salary of Public Officer or servant of Railway Company or Local Authority
  93. FORM No. 16. Order of attachment of Negotiable Instruments
  94. FORM No. 17. Attachment : PROHIBITORY ORDER, WHERE THE PROPERTY CONSISTS OF MONEY OR OF ANY SECURITY IN THE CUSTODY OF A COURT OF JUSTICE OR OFFICER OF GOVERNMENT
  95. FORM No. 18. Notice to certificate holder
  96. FORM No. 19. Warrant of Sale of Property
  97. Form 22. Order on the Nazir for causing publication of proclamation of sale
  98. Form 23. Certificate by Officer holding a sale, of the deficiency of price on a re-sale of property by reason of the purchaser's default
  99. Form 24. Notice to person in possession of movable property sold in execution
  100. Form 25. Prohibitory order against the transfer of shares sold in Execution
  101. Form 26. Prohibitory order against payment of debts sold in execution to any other than the purchaser
  102. Form 27. Certificate to certificate debtor authorising him to mortgage, lease or sell property
  103. Form 28. Certificate of sale of land
  104. Form 29. Order for delivery to certified purchaser of land at a sale in execution
  105. Form 30. Notice to show cause why warrant of arrest should not be issued
  106. Schedule I. Public Demands
  107. Schedule II. Rules
  108. Schedule. Forms

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