Definitions

In this Act, unless the context otherwise requires,— (a) "arrear" shall include the whole or part of an instalment, if any, in respect of a public demand which is not paid on or before the due date for payment of such instalment ; (b) "certificate-debtor" means the person named as debtor in a certificate filed under this Act, and includes any person whose name is substituted or added as debtor by the Certificate Officer; (c) "certificate-holder" means the Government or person in whose favour a certificate has been filed under this Act, and includes any person whose name is substituted or added as creditor by the Certificate Officer ; (d) "Certificate Officer" means a Collector, a Subdivisional Officer, and any officer appointed by a Collector, with the sanction of the Revenue Divisional Commissioner, to perform the functions of a Certificate Officer under this Act; (e) "movable property" includes growing crops ; (f) "prescribed" means prescribed by rules made under this Act ; (g) "public demand" means any arrear or money specified in Schedule I, and includes any interest which may, by law, be chargeable thereon up to the date on which a certificate is signed under Chapter II ; (h) "Revenue Divisional Commissioner" means the Revenue Divisional Commissioner appointed under the Orissa Revenue Divisional Commissioners Act, 1957 ; and (i) "rules" and "forms" mean the rules and forms contained in Schedule II or made under section 47. In section 60 of the Orissa Public Demands Recovery Act, 1962 (hereinafter referred to as the principal Act), to Sub-section (3), the following proviso shall be added, namely :-

"Provided that the appellate authority shall not direct stay of execution in any case, unless-

(a) the certificate-debtor has paid at least sixty per centum of the total amount due under the Certificate to the Certificate Officer whether or not under protest made in writing at the time of payment, and produces a certificate from the Certificate Officer showing such payment to have been made; or

(b) after considering the evidence adduced, he has prima facie reasons to believe on the plea of the certificate-debtor that the Public demand said to be due from him under the certificate has, in fact, been paid."