Forms

FORM No. 1 [See Sections 4 and 6] [Filed in the office of the Certificate Officer of ..................................] Name of certificate holder, Name and address of certificate debtor, Name and address of certificate debtor, Amount of public demand [including interest, if any, and including the fee paid under S 5, sub-s. (2) if any] for which this certificate is signed, and period for which such demand is due, Further particulars of the public demand for which this certificate is signed. (Name of document) is hereby certified as due from the above-named ......................... (if the certificate is signed on requisition and sent under s. 5 add ). I further certify that the above-mentioned sum of Rs ................................... is justly recoverable and that its recovery by suit is not barred by law. Dated this day of 19 . FORM No. 2 [See Sections 5] [To the Certificate Officer of the District of ...] A. B., Certificate Officer of ................................................ Name of certificate holder, Name and address of certificate debtor, Amount of public demand of certificate debtor, Name of the public demand and for which this requisition is made. I request you to recover the above-mentioned sum of Rs ........................ which I am satisfied after inquiry, is due from the said ........................ in respect of ........................ Verified by me on the day of 19 .. A. B., (Designation). To... FORM No. 3 Notice to Certificate Debtor [See Section 7] (Name of Certificate Debtor) You are hereby informed that a certificate against you for Rs ........ due from you on account of has this day been filed in my office, under section .... the Bengal Public Demands Recovery Act, 1913; If you deny your liability to pay the said sum of Rs ........ you may within the said thirty days from the service of this notice, file in my office a petition denying liability, in whole or in part; If within the said thirty days you fail to file such petition or if you fail to show cause or do not show sufficient cause, why such certificate should not be executed ; it will be executed under the provisions of the said Act, unless you pay Rs ..... (Rs ....... ) on account of the demand and Rs .......... on account of costs of realisation) into my office. Until the said amount is so paid, you are hereby prohibited from alienating your immovable property, or any part of it, by sale, gift, mortgage or otherwise ; If you, in the meantime, conceal, remove or dispose of any part of your movable property, the certificate would be executed immediately. A : Copy of the certificate above-mentioned is hereto annexed. You may remit the amount by money order quoting the number and year of the certificate. Dated this ...... day of, 19. A.B. Certificate Officer of. FORM No. 4 Petition denying Liability [See Section 9] To The Certificate Officer of . The humble petition of (name of petitioner) of (address) SHEWETH:- That a certificate No .... of .....................(year), for the sum of .... has been filed against your petitioner in your under sections .... of the Bengal Public Demands Recovery Act, 1913. That your petitioner respectfully denies his liability to pay the said sum of Rs .... ( or where the liability of part is admitted, denies his liability to pay more than Rs .... ), and this is for the following reasons : That the facts above stated are true to the best of your petitioner's knowledge and belief. Your petitioner therefore respectfully prays that the said certificate may be set aside (or modified or varied). A.B. Petitioner. FORM No. 5 Notice to show cause why sale should not be set aside [See Proviso to Section 25 (2)] To .... Whereas the under-mentioned property was sold on the .................... day 19 ...., in execution of Certificate No ..................., dated the...................., 19...., and whereas the certificate holder (or the Certificate Debtor) applied to me to set aside the sale of the said property on the ground .................................................... Take notice that if you have any cause to show why the said application should not be granted, you should appear with your proofs in this office on the, .... day of 19 .... when the said application will be heard and determined. Given under the seal of the Court, this .... day of 19 .... Description of Property. Certificate Officer. FORM No. 6 Summons to appear and answer charge of obstructing execution of certificate [See Section 27 (2)] Certificate No .... of 19 . To .... Whereas .... 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; You are hereby summoned to appear in this Court on the .... day of 19 .... at .... am, to answer the said complaint. Given under the seal of the Court, this .... day of 19 .... Certificate Officer. FORM No. 7 Warrant of Committal [See Section 23] To The Officer-in-charge of the Civil Prison at .... Whereas the under mentioned property has been sold to the purchaser at auction sale in execution of certificate case No .... dated 19 .... and whereas the Court is satisfied that .... without any just cause resisted (or obstructed) and is still resisting (or obstructing) the said .... in obtaining possession of the property, and whereas the said .... has made application to this Court that the said .... be committed to the civil prison ; You are hereby commanded and required to take and receive the said .... into the civil prison and to keep him imprisoned therein for the period of .... days. Given under the seal of the Court, this .... day of 19 .... Certificate Officer. FORM No. 8 Warrant of Arrest [See Section 29] To .... Whereas a certificate NO .... was filed in this office on the .... 19 .... under section .... of Bengal Public Demands Recovery Act 1913 against .... certificate debtor, and the sum of .... as noted below is due from him in respect of the said certificate: Original demand: .... Rs. a. p. Interest .... Cost of execution .... Total .... And whereas the said sum of Rs .... has not been paid to the certificate holder in- satisfaction of the said certificate ; These are to command you to arrest the said certificate debtor and unless the said certificate debtor shall pay to you the said sum of Rs .... together with Rs .... for the costs of executing this process, to bring him before the Court with all convenient speed; You are further commanded to return this warrant on or before the .... day of 19 .... with an endorsement certifying the day on which and the manner in which it has been executed, or the reason why it has not been executed. Dated this .... day of .... 19. Certificate Officer. FORM No. 9 Order committing certificate debtor to the civil prison [See Section 29] To The Officer-in-charge of the Civil Prison at .... Whereas .... who has been brought before me this .... day of .... 19 .... under a warrant in execution of certificate No .... filed in this office on the .... 19 .... under section .... of the Bengal Public Demands Recovery Act, 1913; and by which certificate it was ordered that the said .... should pay, and whereas the said .... has not paid the said sum nor satisfied me that he is entitled to be discharged from custody ; You are hereby commanded and required to take and receive the said .... into the civil prison and keep him imprisoned therein for a period not exceeding .... or until the said certificate shall be fully satisfied, or the said .... shall be otherwise entitled to be released according to the terms and provisions of S. 31 or S. 32 of the said Act; And I hereby fix .... annas per diem as the rate of the monthly allowance for the subsistence of the said .... during his confinement under this order of committal. Certificate Officer. Dated this day of 19. FORM No. 10 Order for the release of person imprisoned in execution of a certificate [See Sections 31 and 32] District .... Certificate No .... of 19 .... To The Officer-in-charge of the civil prison at .... Under orders passed this day, you are hereby directed to set free .... certificate debtor, now in your custody. Dated this day of 19. Certificate Officer. FORM No. 11 Notice to legal representative of certificate debtor [See Section 43] To .... (Name of legal representative) You are hereby informed that a certificate against .... deceased for Rs. ........... due from him on account of .... was filed in this office on the .... 19 .... under section .... of the Bengal Public Demands Recovery Act, 1913 and that a demand of Rs .... in respect of the said certificate proceeding is due from you as the legal representative of the said deceased. If you deny your liability to pay the sum of Rs .... you may, within thirty days from the service of this notice, file in my office a petition denying liability, in whole or in part. If within the said thirty days, you fail to file such a petition, or if you fail to show cause, or do not show sufficient cause, why such certificate should not be executed, it will be executed, under the provisions of the said Act, unless you pay Rs .... (Rs .... on account of demand and Rs .... on account of costs of realisation) into my office. Until the said amount is so paid, you are hereby prohibited from alienating your immovable property, or any part of it, by sale, gift, mortgage or otherwise. If you, in the meantime conceal, remove or dispose of any part of your movable property, the certificate will be executed immediately. A copy of the certificate above-mentioned is hereto annexed. You may remit the amount by money-order quoting the number and year of the certificate: Dated this .... day of 19 .... A. B. Certificate Officer of .... FORM No. 11-A Warrant of attachment of movable property [See Sections 13 and 14] To .... Whereas a certificate No .... was filed in this office on .... 19 .... under section .... of the Bengal Public Demands Recovery Act, 1913 against .... certificate debtor and the sum of Rs .... as noted below, is due from him in respect of the said certificate: Original Demand .... Interest .... Cost .... Execution .... Rs. a. p. Total .... Rs. a. p. and whereas the said sum of Rs .... has not been paid to the certificate holder in satisfaction of the said certificate These are to command you to attach the movable property of the said certificate debtor and unless the said certificate debtor shall pay to you the said sum of Rs .... with Rs .... for the costs of executing this process, to hold the same until further order from the Court; You are further commanded to return this warrant on or before the day of .... 19 .... with an endorsement certifying the day on which and the manner in which it has been executed, or thereon why it has not been executed. Dated this day of .... 19. Certificate Officer. FORM NO 16 Order of attachment of Negotiable Instruments {See Rule 2} To The Collectorate-Nazir Whereas an order has been passed by this Court on the of 19 for the attachment of, you are hereby directed to seize the said and bring the same into Court. Given under the seal of the Court, this day of 19 Certificate Officer

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 {See Rule 22} Certificate case No of 19 To Sir, The certificate holder having applied under R. 22 of Schedule II of the Bengal Public Demands Recovery Act, 1913 for an attachment of certain money now in your hands; * I request that you will hold the said money subject to further order of this Court. I have the honour to be Sir Your most obedient servant, Certificate Officer of. Dated the day of 19 *Here state how the money is supposed to be in the hands of the person addressed, on what account, etc.

FORM No. 18 Notice to certificate holder [See Rule 39] Whereas has made application to this Court for the removal of attachment on placed at your instance in execution of certificate of, of 19; this is to give you notice to appear before me on the day of 19, either in person or by a pleader duly instructed to support your claim, as attaching creditor. Given under the seal of the Court, this day of 19. Certificate Officer.

FORM No. 19 Warrant of Sale of Property [See Rule 44] To The These 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 under-mentioned property attached in execution of certificate No., in favour of, or so much of the said property as shall realize the sum of Rs being the of the said certificate and costs still remaining unsatisfied; You are further commanded to return this warrant on or before the day of 19, with an endorsement certifying the manner in which it has been executed or the reason why it has not been executed. Given under the seal of the Court, this day of 19 . Specification of property- Certificate Officer.

FORM No. 20 Notice of the day fixed for settling a sale for proclamation [See Rule 46] To Whereas, in execution of certificate NO of a sale is about to be held of your property mentioned below; you are hereby informed that the day of 19, has been fixed for settling the terms of the proclamation of sale. The total amount due from you in respect of the certificate including costs and interests is Rs . Given under the seal of the Court, this day of, 19 Specification of property Certificate Officer.

FORM No. 21 Proclamation of Sale [See Rule 46] Certificate No of 19 under which is the certificate holder and is the certificate debtor Notice is hereby given that, under R. 44 in Schedule II to the Bengal Public Demands Recovery Act, 1913, an order has been passed by me for the sale of the property mentioned in annexed schedule, in satisfaction of the claim of the certificate holder under the certificate mentioned in the margin amounting, with costs and interest up to date of sale, to the sum of Rs . The sale will be by public auction, and the property will be put up for sale in the lots specified in the schedule, The sale will be of the property of the certificate debtor above named, as mentioned in the Schedule below. In the absence of any order of postponement, the sale will be the held by at the monthly sale commencing at o'clock on the at In the event, however, of the debt above specified, and the cost of the sale being tendered or paid before the knocking down in any lot, the sale will be stopped. At the sale the public generally are invited to bid, either personally or by duly authorised agent. The following are the further: Conditions of sale 1. The particulars specified in the schedule below have been stated to the best of the information of the Certificate Officer; but the Certificate Officer will not be answerable for any error, mis-statement or omission in this proclamation. 2. The amount by which the biddings are to be increased shall be determined by the officer conducting the sale. In the event of any dispute arising as to the amount bid or as to the bidder the lot shall at once be again put up to auction. 3. The highest 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 be in 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. 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 the R. 50 in Schedule II to the Bengal Public Demands Recovery Act, 1913. 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 re-sold. 6. In the case of movable property, the person declared to be the purchaser shall pay immediately after such declaration a deposit of 25 per cent 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 re-sold. 7. The full amount of the purchase money shall be paid by the purchaser before the office of the 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 holidays, then on the first office day after the fifteenth day. 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 expenses of the sale, may, if the Certificate Officer thinks fit, be forfeited to the Government, and the defaulting purchaser shall forfeit all claim to the property or to any part of the sum for which it may be subsequently sold. Given under the seal of the Court, this day of 19 . Certificate Officer. Schedule of property No of plot; Description of the property to be sold with the name of each owner where there are more certificate debtors than one; The revenue assessed upon the estate or part of the estate, if the property to be sold is an interest in an estate or a part of an estate paying revenue to the Government; Claims (if any) which have been put forward to the property and any other known particulars bearing on its nature and value.

FORM No. 22 [Order on the Nazir for causing publication of proclamation of sale] [See Rule 47] To The Nazir of . Whereas an order has been made for the sale of the property of the certificate debtor under certificate No , dated the , 19 , which is specified in the schedule hereunder annexed; and whereas the day of , 19-, has been fixed for the sale of the said property; Copies of the proclamation of sale are by this warrant made over to you are hereby ordered to have the proclamation published by beat of drum within reach 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. Dated the day of 19 . Certificate Officer. Schedule

FORM No. 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 {See Rule 51} Certified that at the re-sale of the property in execution of certificate No dated the 19 , in consequence of default on the part of purchaser, there was a deficiency in the price of the said property, amounting to Rs and that the expenses attending such re-sale amounted to Rs making a total of Rs which sum is recoverable from the defaulter. Dated the day of 19 . Officer Holding the Sale.

FORM No. 24 Notice to person in possession of movable property sold in execution [See Rule 59(2)] To Whereas has become the purchaser at a public sale in execution of certificate No dated the , 19 of now in your possession, you are hereby prohibited from delivering possession of the said to any person except the said . Given under the seal of the Court, this day of 19 . Certificate Officer.

FORM NO 25 Prohibitory order against the transfer of shares sold in Execution {See Rule 59 (5)} To And , Secretary of Corporation. Whereas, has become the purchaser at a public sale in execution of certificate No dated 19, of certain shares in the above Corporation, that is to say of standing in the name of you . 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 purchasers 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. Given under the seal of the Court, this day of 19 . Certificate Officer.