The Sikkim Public Demands Recovery Act, 2006
The Sikkim Public Demands Recovery Act, 2006
The Sikkim Public Demands Recovery Act, 2006 establishes a streamlined statutory mechanism for the State Government, government-owned corporations, local authorities, and the State Bank of Sikkim to recover unpaid financial dues directly from defaulting debtors. Administered by District Collectors and designated Certificate Officers, the legislation bypasses lengthy civil court suits by treating official demand certificates as enforceable decrees. It empowers officers to attach movable and immovable properties, issue public auction notices, freeze civil court decrees, and collect statutory interest at twelve and a half percent per annum. For residents and enterprises in Sikkim, the law ensures prompt recovery of public revenue while safeguarding debtors through mandatory pre-issue notices, enquiry rights, and procedures to set aside auction sales.
- 1. Short title, extent and Commencement
- 2. Definitions
- 3. Power of Certificate Officer
- 4. Filing of Certificate for public demand
- 5. Service of Notice and copy of certificate on certificate debtor
- 6. Effect of Service of Notice of Certificate
- 7. Who may execute Certificate
- 8. Transmission of Certificate to another Certificate Officer for execution
- 9. Power of attachment
- 10. Mode of execution
- 11. Interest, cost and charges recoverable
- 12. Property liable to attachment and sale in execution of a Certificate
- 13. Attachment of Decree
- 14. Purchaser's title, certificate of sale and delivery of possession
- 15. Setting aside sale
- 16. Person under disability
- 17. Procedure on death of certificate-debtor
- 18. Protection to Officer
- 19. Power to make rules
- 20. Repeal and Saving
- 21. Pending proceedings
PDF: pending for this language.