Vidhi Codex

The Orissa Public Demands Recovery Act, 1962

The Odisha Public Demands Recovery Act, 1962

General196267 sections

This law provides a streamlined legal process for the state government and other authorities to recover unpaid public dues, such as taxes or fees, from individuals and businesses. It applies to the entire state of Orissa and allows officials to issue a certificate of debt, which can then be used to seize movable property like crops or livestock without going through a lengthy court trial. The Act matters because it ensures that the government can efficiently collect revenue owed to it, reducing the burden on the judicial system while protecting the rights of debtors through specific procedural safeguards.

Start reading →Read full ActSections
  1. 1. Short title, extent and commencement
  2. 2. Definitions
  3. 3. Filing of certificate for public demands payable to Collector
  4. 4. Requisition of certificate in other cases
  5. 5. Filing of certificate on requisition
  6. 6. Service of notice and copy of certificate on certificate-debtor
  7. 7. Effect of service of notice of certificate
  8. 8. Filing of petition denying liability
  9. 9. Hearing and determining of petition
  10. 10. Right to amend certificate by addition, omission, or substitution or recovery
  11. 25. Sale and purchaser's title
  12. 26. Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff
  13. 27. Application to set aside sale of immovable property on deposit
  14. 28. Application to set aside sale of immovable property on ground of non-service of notice or irregularity
  15. 29. Application to set aside sale on the ground that certificate-debtor had no saleable interest or that property did not exist
  16. 30. When sale to become absolute or be set aside
  17. 31. Disposal of proceeds of execution
  18. 32. Application by purchaser resisted or obstructed in obtaining possession of immovable property
  19. 33. Procedure on such application
  20. 34. Dispossession by purchaser
  21. 35. Bona fide claimant to be restored to possession
  22. 36. Certain orders conclusive but subject to suit in a Civil Court
  23. 37. Procedure for arrest and detention
  24. 38. Release from arrest and rearrest
  25. 39. Detention in and release from prison
  26. 40. Release on ground of illness
  27. 41. Prohibition of arrest or detention of women and persons under disability
  28. 42. Suit in Civil Court to have certificate cancelled or modified
  29. 43. Grounds for cancellation or modification of certificate by Civil Court
  30. 44. Suit to recover possession or to set aside sale of immovable property when notice of certificate not served
  31. 45. General bar to jurisdiction of Civil Courts save where there is fraud
  32. 46. Rules in Schedule II
  33. 47. Power of Board of Revenue to make rules
  34. 48. Publication and effect of rules made under section 47
  35. 49. Persons under disability
  36. 50. Continuance of certificates
  37. 51. Procedure on death of certificate-debtor
  38. 52. Cancellation of certificate
  39. 53. Costs
  40. 54. Compensation
  41. 55. Restitution consequent on reversal or modification of order
  42. 56. Entry into dwelling-house
  43. 57. Application of Act 18 of 1850
  44. 58. Officers to have power of Civil Court for administering oaths
  45. 59. Supervision
  46. 60. Appeal
  47. 61. Revision
  48. 62. Review
  49. 63. Saving of other Acts
  50. 64. Application of the Limitation Act, 1963
  51. 65. Certificate Officer deemed to be a Court
  52. 66. Penalty
  53. 67. Liability of person in custody of property
  54. 68. Signature of documents by ministerial officers
  55. 69. Repeal
  56. 70. Savings
  57. See section 28. NOTICE TO SHOW CAUSE WHY SALE SHOULD NOT BE SET ASIDE
  58. See section 37. FORM NO. 6 WARRANT OF ARREST
  59. See section 51. FORM NO. 8 NOTICE TO LEGAL REPRESENTATIVE OF CERTIFICATE-DEBTOR
  60. See section 20. FORM NO. 9
  61. See rule 24. FORM NO. 10 WARRANT OF SALE OF PROPERTY
  62. See rule 25. FORM NO. 12 PROCLAMATION OF SALE
  63. See rule 26. FORM NO. 13 ORDER ON THE NAZIR FOR CAUSING PUBLICATION OF PROCLAMATION OF SALE.
  64. See rule 29. FORM NO. 14 CERTIFICATE BY OFFICER HOLDING A SALE OF THE DEFICIENCY OF PRICE ON A RE-SALE OF PROPERTY BY REASON OF THE PURCHASER'S DEFAULT
  65. See rule 50. FORM No. 15 CERTIFICATE OF SALE OF LAND
  66. See rule 51. FORM NO. 16 ORDER FOR DELIVERY TO CERTIFIED PURCHASER OF LAND SALE IN EXECUTION
  67. See section 16 (1). FORM No. 18 NOTICE TO PAY TO THE CERTIFICATE-OFFICER MONEY BECOMING DUE TO OR BEING HELD BY ANY PERSON/AUTHORITY TOWARDS SATISFACTION OF CERTIFICATE DUES

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