Chapter III EXECUTION OF CERTIFICATE

10. A final certificate may be executed by, (a) the Certificate Officer in whose office the original certificate is filed; or

1. (b) the Certificate Officer to whom, a copy of the certificate is sent for execution under sub-section (1) of Section 11.

11. (1) A Certificate Officer in whose office the original certificate is filed may send a copy thereof after it becomes a final certificate for execution to any other Certificate Officer.

1. (2) When a copy of the final certificate is sent to any such officer he shall cause it be filed in his office and thereupon the provisions of Section 7 shall apply as if such copy was an original certificate :

When certificate may be executed. 12. (1) A certificate shall be executed immediately after decision under Section 9 without any further notice to the certificate debtor.

1. (2) If the Certificate Officer is satisfied that the certificate debtor is likely to conceal, remove or dispose of the whole or any part of his movable properties as would be liable to attachment in execution of a decree of a Civil Court and that the realisation of the amount of the certificate in consequence be delayed or obstructed, he may at any time-after filing of the original certificate direct, for reasons to be recorded in writing, attachment of the whole or any part of such movable property : Provided that if the certificate debtor whose movable property has been so attached furnish a security to the satisfaction of the Certificate Officer, such attachment shall be cancelled from the date on which such security is accepted by the Certificate Officer.

13. Subject to such conditions and limitations as may be prescribed, a Certificate Officer may order execution of a certificate, (a) by attachment and sale, or by sale without previous attachment, of any property of the certificate debtor; or

1. (b) by attachment of any decree or award passed by any Civil Court or, as the case may be, any Tribunal or other authority in favour of the certificate debtor; or
2. (c) by arresting the certificate debtor and detaining him in the civil prison; or
3. (d) by any two or more of the methods mentioned in clauses (a), (b) & (c).

14. (1) Before effecting the sale of any land or other immovable property the Certificate Officer shall issue and publish such notices and proclamation in such Form, in such manner and containing such particulars, as may be prescribed.

1. (2) A copy of every notice and proclamation issued under sub-section (1) shall be served on the certificate debtor.

15.

Prohibition to bid at auction. 16. No Officer having any duty to perform in connection with any such sale and no person employed by or subordinate to such officer shall, either directly or indirectly, bid for or acquire any such property except on behalf of the Government.

17.

The sales to be proportionate to the amount of public demand. 18. Every sale of property, movable or immovable shall as far as may be practicable, be proportionate to the amount of the arrear of public demand to be recovered together with the interest thereon and the expenses of attachment and sale.

19. In all cases of sale of immovable property, the party who is declared to be the purchaser shall be required to deposit immediately 25% of the amount of his bid, and the balance within 15 days of the date of sale.

20. (1) In default of the payment of the deposit referred to in Section 19 the property shall be put up for re-sale and the expenses incurred in connection with the first sale shall be borne by the defaulting bidder.

1. (2) In default of payment of the balance of the bid amount within the period prescribed in Section 19, the deposit after defraying therefrom the expenses of the sale shall be forfeited and the property shall be re-sold.
2. (3) When the proceeds of the re-sale are less than the arrear of public demand the difference shall be bridged, as far as practicable, by the balance amount of the deposit forfeited under sub-section (2). However, if there is no difference and the re-sold value is enough to meet the arrear of public demand or the difference is such it does not require entire forfeited amount then the forfeited deposit or part thereof, as the case may be, shall vest with the State Government.

21. When immovable property has been sold, the defaulter or any person owning such property or holding an interest therein, may, at any time, within 30 days of the date of sale or within such further period not exceeding 15 days as the Certificate Officer may for sufficient cause allow, apply in the prescribed manner to the Certificate Officer to have the sale set-aside, (a) On the ground that some material irregularity or mistake or fraud resulted in substantial loss or injury to him, and

1. (b) On his depositing to the Certificate Officer the amount of the arrear specified in the proclamation for sale, the cost of sale and for payment to the purchaser, a sum equal to 5% of the purchase money.

22. If on the expiration of 30 days from the date of sale of any immovable property or the further period, if any, allowed under Section 21, no application has been made for setting aside the sale, or if made has been rejected, the Certificate Officer shall make an order confirming the sale unless, for reasons to be recorded, the Certificate Officer sets aside the sale notwithstanding that no application or prayer has been made,

23. (1) The Certificate Officer shall order refund and payment to the purchaser, of, (a) the amount deposited by him under Section 19; and

1. (b) the sum equal to 5% of the purchase money deposited under Clause (b) of Section 21, if the sale is set-aside.

1. (2) The Certificate Officer shall order the refund and payment of all the moneys deposited under Clause (b) of Section 21 to the person who made the deposit if the sale is confirmed.

24. When a sale held under this Chapter is confirmed, the Certificate Officer shall put the person declared to be the purchaser in prossession of the property and shall grant a certificate in the prescribed form to the effect that he has purchased the property specified therein and such certificate shall be deemed to be a valid transfer of such property.

25. The proceeds of the sale of any such property shall be applied to defray the expenses of the sale which shall be determined in the prescribed manner and the balance shall be applied to the payment of the arrears of public demand on account of which the sale was held and the surplus, if any, shall be paid to the person whose property has been sold.

26. The person who has purchased any such land and to whom a certificate of purchase has been granted shall not be liable for the land revenue in respect of that land for any period prior to the date of sale.,

27. When a crop of any land or any portion of the same is sold, mortgaged or otherwise disposed of, the Certificate Officer may, if he thinks it necessary, prevent its being removed from the land until the demand for the current year in respect of the land is paid, whether the date fixed for the payment of the same has arrived or not.

28. (1) The attachment of a decree or award as mentioned in section 13(b) may be made by issue to the Civil Court or the Tribunal or other, authority of a notice with request to stay the execution of the decree or payment of the award unless and until, (i) the Certificate Officer cancels the notice ; or

1. (ii) the certificate holder or the certificate debtor applies to the Court to execute the attached decree for satisfaction of the, certificate from the net proceeds.

1. (2) When a Civil Court, Tribunal or other Authority receives an application under Clause (ii) of sub-section (1) it shall subject to the provisions of the Code of Civil Procedure, 1908, proceed to execute the attached decree and apply the net proceeds for satisfaction of the certificate.
2. (3) The certificate holder shall be deemed to be the representative of the holder of the attached decree, and be entitled to execute such attached decree in any manner lawful for the holder thereof.,

29. (1) Before a Certificate Officer makes order for execution of a certificate by arresting the certificate debtor and detaining him in the civil prison he shall issue and serve a notice upon the certificate debtor calling upon him to appear before the certificate officer on a date to be specified in the notice and to show cause why he should not be committed to civil prison.

1. (a) If the Certificate Officer after considering the cause shown by the certificate debtor, or no cause is shown within the specified period, if satisfied that the certificate debtor with the object of obstructing or delaying execution of the certificate has, after the filing of the certificate in the office of the Certificate Officer, dishonestly transferred, cancelled or removed any of his property or any part thereof; or
2. (b) That the certificate debtor has or has had since the date of the filing of the certificate the means to pay the amount or any substantial part thereof for which the certificate has been issued and has refused or neglected to pay the same, may issue the order for the arrest and detention in civil prison of the certificate debtor.

1. (2) Notwithstanding anything contained in sub-section (1), (i) a warrant for the arrest against the certificate debtor may be issued by the Certificate Officer if the Certificate Officer is satisfied, by affidavit or otherwise, that with the object of delaying the execution of the certificate the certificate debtor is likely to abscond or leave the local limits of the jurisdiction of the Certificate Officer;
   • (ii) where an appearance is not made in obedience to a notice issued and served under sub-section (1), the Certificate Officer may issue a warrant of arrest against the certificate debtor.
2. (3) Every person arrested in pursuance of a warrant issued under sub-section (2), shall be brought before the Certificate Officer as soon as practicable and in any event within 24 hours of his arrest (exclusive of the time required for journey): Provided that if the certificate debtor pays the amount entered in the warrant of arrest as due under the certificate and the cost of the arrest to the officer arresting him, such officer shall at once release him.
3. (4) When a certificate debtor appears before the Certificate Officer in obedience to a notice to show cause or is brought before the certificate Officer under sub-section (3) the Certificate Officer shall proceed to hear as to why he should not be committed to the civil prison.
4. (5) Pending conclusion of the hearing under sub-section (4) the Certificate Officer may, in his discretion, order that the certificate debtor be detained in the custody of such officer or authority as the certificate officer may think fit or release him on his furnishing a security to the satisfaction of the Certificate Officer for his appearance when required.
5. (6) Upon conclusion of the hearing under sub-section (4) the Certificate officer may, subject to the provision of Section 31, make an order for the detention of the certificate debtor in the civil prison and shall in that event cause him to be arrested if he is not already in custody.
6. (7) When the Certificate Officer does not make any order under sub-section (6) he shall, if the certificate debtor is under arrest, direct his release., , ,

30. (1) The Certificate Officer may order the release of a certificate debtor who has been arrested in execution of a certificate, upon being satisfied that he has disclosed the whole of his property and has placed it at the disposal of the Certificate Officer and that he has not committed any act of bad faith.

1. (2) If the Certificate Officer has ground for believing the disclosure made by a certificate debtor under sub-section (1) to have been untrue, he may order the re-arrest of the certificate debtor in execution of the certificate, but the period of his detention in the civil prison shall not in the aggregate exceed that authorized by sub-section (1) of Section 31.,

1. (1) Every person detained in the civil prison in execution of a certificate may be so detained, (a) where the certificate is for a demand of an amount exceeding Rs. 5,000/-, for a period which may extend from six months to two years.
   • (b) in any other case for a period which may extend to three months.
2. (2) Notwithstanding the provision of sub-section (1) a certificate debtor may be released from detention, (i) on the amount mentioned in the warrant for his detention being paid to the officer in-charge of the civil prison; or
   • (ii) on the certificate being otherwise satisfied, or cancelled ; or
   • (iii) on the omission of the PDRO on whose requisition the certificate was filed to pay the subsistence allowance fixed by the Certificate Officer: Provided that the certificate debtor shall not be so released from detention except under an order of the Certificate Officer.
3. (3) A certificate debtor released from detention under clause (iii) of sub-section (2) shall not, merely by reason of his release, be discharged from his debt, but he shall not be liable to be re-arrested and detained in the civil prison in execution of the same certificate.,

1. (1) At any time after a warrant for the arrest of a certificate debtor has been issued, the Certificate Officer may cancel it on the ground of his serious illness or that he is not in a fit state of health to be detained in the civil prison or on ground of any infections or contagious disease.
2. (2) A certificate debtor released under this section may be re-arrested, but the period of his detention in the civil prison shall not in the aggregate exceed that authorized by sub-section (1) of Section 31.

No suit or other proceeding against any person acting under this Act for the recovery of any public demand shall lie in any civil court, and no injunction shall be granted in respect of any action taken or intended to be taken in pursuance of the provisions of this Act.

1. (1) Nothing in this Act shall affect any interest of the State Government, a Corporation, a Government Company or a bank in any property created by any mortgage, charge, pledge or other encumbrance.
2. (2) Where the property of a certificate debtor is subject to any mortgage, charge, pledge or other encumbrance in favour of the State Government, a Corporation, a Government Company or a bank then, (a) In every case of a pledge of goods, proceedings shall first be taken for sale of the goods pledged, and if the proceeds of such sale are less than the sum due, then proceedings shall be taken for recovery of the balance ;
   • (b) In every case of a mortgage, charge or other encumbrance on immovable property, such property or, as the case may be, the interest of the certificate debtor therein, shall first be sold in proceedings for recovery of the sum due from him as if it were an arrear of land revenue, and any other proceedings may be taken thereafter only if Certificate officer certifies that there is no prospect of realization of the entire sum due through the first mentioned process within a reasonable time.,