Chapter II ARREAR OF PUBLIC DEMAND AND ISSUE OF CERTIFICATE

4. (1) When there is any arrear of public demand the PDRO concerned may send to the Certificate Officer having local jurisdiction a written requisition in such Form as may be prescribed.

1. (2) Every such requisition shall be signed and verified by the concerned PDRO in such manner as may be prescribed.

5. On receipt of any such requisition, the Certificate Officer, if satisfied that the demand is recoverable, may sign a certificate in such Form as may be prescribed stating that the demand is due from the defaulter (who shall be known the certificate debtor) and shall cause the certificate to be filed in his office.

6. When a certificate has been filed in the office of a Certificate Officer he shall cause to be served upon the certificate debtor a notice in such Form as may be prescribed and a copy of the certificate.,

7. From and after the service of notice of any certificate under Section 6 upon a certificate debtor, (a) any private transfer or delivery of any of his immovable property or of any interest in such property, shall be void against any claim enforceable in execution of the certificate; and

1. (b) the amount due from time to time in respect of the certificate shall be charged upon the immovable property of the certificate-debtor, wherever situated, to which every other charge created subsequent to the service of the said notice shall be postponed.,

8. The certificate debtor may, within 30 days from the service of the notice required by Section 6, present to the Certificate Officer in whose office the original certificate is filed, a petition in such Form as may be prescribed, signed and verified by him denying his liability, in whole or in part or explaining the circumstances to plead that he is not a wilful defaulter.

9. The Certificate Officer in whose office the original certificate is filed shall hear the petition, take evidence if necessary, and determine whether the certificate debtor is liable for the whole or any part of the amount for which the certificate was signed or whether he is a wilful defaulter and may set-aside or modify the certificate accordingly. Such certificate with or without modification after decision under this section shall be the final certificate. Explanation: A person can not be said to be wilful defaulter if he fails to pay public demand for reasons beyond his control, that is, force majeure.