GOVERNMENT OF MANJPUR . . . . . .. e ,c-:·<·i·_ , ..?ARI.AT? •LAW & LEGISLAT!YE?Ff AIRS pEF AJ3.;t.ly1ENT NOiflFJ-CNPIO N -Impha], the 14th May, 2002 NJ. 2/11/99-Leg/L(Pt).-The following Act of the L?gi?_latur.e, M_?nipur ?- ?i\'.e-j asserif'of',the' Governor of Manipur.sn 7-5:20Yl_'.J,hereby ??:i.\.flrthe\Qfficialt1Gazette. TH. K?\,MlNf. KUMAR SINGH: .Deputy .Sec1J;J;:i.ry(Law), . Government of Manipur. ,jfilf.l:}' J.4ANIRBR l'URLIC DEMAND REC.OVERYACT, 2(03 (Mi.nipur Act No. 4 of 2003) An Act to provide for speedy recovery of Public Demands in Manipur, }iS ?!<}Jitt.enacted .b-y tbe -Legislature of Manipur .in the Fifty:fourth year of : }he Republic of India as follows ; Part-I PRELIMlNAR Y Title; Eite11t and Comme99?qieIJ.t: This Act may be called the Manipur Publi?Qem_andB?qvery,{\ct:, 2003?. -?v??te11dsttf ?he W?q}tl_?ftpe -?t,?!i' .. ;9.f}\'f?il!I?#,!°, itt. ilia[I,?-l'P?f??t:=::;;:""•G4yer•meutmay, ' J :2. Delj.ni_tioos : In this .. Act, un1 · · is1JJ?jfi,Jk,iflxt= -
(l) "Certificate-debtor·" means the ·ip('li"son named as debtor in the certi ficate tiiect µ,i,-d,tJ?i?ifff1!=tf1]ap:1Hti!l?lµq?"ally{pci?-sonswhose name is substituted or ... i?.??d'a?.;geibt9r, !:>;yt;lie,_\?e:J:{iq¢-,.te-8fiicer; ·:.,· _:.. \ ':;· :· ' \, /")· ).'. >: ... :. ,\<, ' ?<?: ·:._.:• .. , > ;:. :.:?,:_,.?-,_,c"-...:•:•";,,: .. ·.- .
(2) "Certificate-holder" means the Government or person in whose favour a certificate has been filed >under.this Act; and includes any persos whose name is substituted or. added. as creditor by the Certificate? !(_J) "Certificate-officer" means a Deputy Commissioner, a Sub-Di'iisional Officer and any officer appointed by a Deputy Commissioner with the sanction of the Revenue Commissioner appointed under the M a.nipur Land Revenue and Land Reforms Act, 1960 to perform the functions of a Certificate Officer under this Act; ?4) "Deputy Commissioner" means the Chief Officer in charge of tho revenue administratioa of a district arid -includes an Additional Disttic:t Magistrate appointed under sub-section (2) of section 20 of the, Code of Criminal Procedure, 1973;
(5) "Movable- Property" includes standing crops; ·{6) "prescribed'' means prescribed by Rules made under this Act; ,(7) "Public Demand" means any arrear or money mentioned or referred to iu the schedule and includes any interest which may, by law. be chargeable thereon up to the date on which a certificate is signed i.r.der this Act;
(8) .. Rules" means rules and forms made under section 56. · {9) "Bank" means and includes-
(i) a 'bank' included in the Second Schedule to the Reserve Bank of India Act, 1934;
(ii) the 'State Bank of India' constituted under the State :Bank of India Act, 1955";
(iii) (ivf a_ 'subsidiary bank' as defined in the State Bank of India" (Subsidiary banks) Act, 1959; - ·? 'L?J t· . a 'corresponding new Bank' as defined . ip section 3,. of the BaakiD('.? Com panics (Acqriisiti?ri:.'.1fl?Transfe\.,?{)1????J:kif?)r,ct, .: _1? (S. ofl970J and-section J-oft!}eBanking. q>J:Dpa.ni?(A,cqw?i and Transfer of t1nderhl1cinpj'"Act';·19g'Q(40'dt 19'80);'··• :; .3
(v) a •co.;opei.-ativcbank' as- defined in section. 5 (cci) of the Banki?g R•iulation Act. 1949; (vi} a Regional Rural Bank constituted . ,u_ndc:,r,the . Regienal Rural :Banks Act, 1976 (21 · of 1976).
(10). '"-Financial institution" means.-
(i)' a company or a body corporate incorporated under the Companies Act, 1956 and whoso main business is to finance trade, commerce or industrial enterprise;
(ii) "a financial corporation" as defined in State Fioancial Corpora tion Act, 1951;
(iii) a society registered under the Societies Registration Act, 1860 which is engaged in financing activities or has been constituted by any law for the time being in force and whichis either owned by, or in which the majority shares are held by the Stato Government.
(11) "Financial assistance" means any kind of ?nanyial assistance->
(i) for establishing. expanding modernising, renovating or running any industrial undertaking; or
(ii) for the purposes of vocational training; or
(iii) for the development of agriculture. horticulture, animal husbandry or agro-industry ; or tiv) for purposes of any other kind of planned development; or
(v) for relief against distress caused by fire or serious drought, flood or other natural calamities; or
(vi) · for the purpose of carrying out any State sponsored scheme; or
(vii) for any other prescribed purpose.
(12) "Scheme" means a scheme sponsored by _way of financial assistance by · · · the State Government or the Central Government o:r the State Government and the Central Government together under which the State Government either___.: advances money to a Government company for the purposes of disbursing loans, advances or grants or for the purposes of sale of goods on credit or hire-purchase; or ., . ?j:1c](ii),;fguaranteesor agrees to, guarantee the repayment of a loan advance i1{·.frzi:/pr,, grant or the payment, of ·the, price of goods sold on credit or' -. . <0llire-purchase. !))- · "State Government= means ttie State Government of Manipu:r. Part-II :Fi}.i,9g:1?M?e>?&ect .of· coriififato., :.,. ,, and hearing of objec;ti&ris t-l'forefo. . : ,r, '} '3. fi'iling.,ef·,€er.tificat'e .for "Flihlic':Demand Payable to DepuiyCommissioner: When the · Certificate Officer id' satisfied ?ha,t?n?public??lllindpayable to, the Deputy Commissioner is due, he- ma-f,:;sigri a eertificate, in the prescribed foJ'D)stati,ng Jlia.t the ,d$:tn?nc:t,i$,,q?" ?TIP·??P.,?11c?µ?e ;the .ce?e to befiled jn bis ;_Q.ffice.: ·
Provided that the certificate-officer shall;, {as<seon as he signed a certificate inform .the §.??J? 9f a Gertifisateiby ,him.,tp.,,t:l,le,'.S;ub-,R.egistnar,uI15f?r whost jurisdiction the immovable property belonging :to:· the . certificate debtor i5. situated. A. ,R?9:µ,is.i?10_:11;f;C\rt? , cel}tifi.qate in qther · cases :?1) ·When any -public deemed payable to any person other than the Deputy -Coramissioner is due, such pe1fon; may send to the Certificate-officer a written requisition in the prescribed forrn : . . '. ·, .. ·. · .. ·- ... .·--; ::;.•,
Provided that no action shaHbe taken . undert_hisAct 011 a .requisition iµ-ade by a land. development bank registered . or deiiiflnd· to be· registered under the Manipur Co-operative Societies Act'{ 1976 (Manipur Act 14 of 1976), or an assignee of such bank; unless the -requisirion :f)',; countersigned by the Registrar, Co-operative Societies, J\,fa!l'j.p.ur. ?-?.
(2) Every such re quis.tion shall be signed and · verified in the prescribed manner, and ,,?:,;?ep:t. -in . such .cases . a0s may +e prescribed, sha-11 · be chargeable with.the fee .of the amount which wnuld be payable under the Court 'Fees Act. 1870 (VII of 1870), in respect cf a plaint fo,r ,the rec.overy of a sum of money equal to that stated in the requisition as hyiqg ,q.ue.
5. Filing of Certificate on Requisition : On receipt of any such reguisition,Jhe Certifica;c?offic?r,;if ,t?js ,§atisfu:i::l that · the demandis r?c?verahlea11d H1at.rc>co,very by Sµit )s ,1)().t b,ar;?l£i.:b,y law, may sign ii certifkafe, ,.in ti,? pre??_rib.edfqrm,.statir??-J;b.a.tJhe dem?-nshis _!lue; and shallfodude in ti:e tertificate the fee (if any) paid tnder -S;lMJ-:;?cticn (2)· of section 4, and shall cause the certificg.te to be filed )p J,_iJiq:f;Ijce.
6. ?e.rvi?.Ppf p,oJice ,?n,<;l·?Q.PY pf ce1,tif1!??,te on ,c:ertific,s1.te-dehtcr : .·. Wb.?n a certificate has ,been ,filed iii •the office of a Chti.ti.cate-o.fficer.! ?!},<i,e,r??.tjqJl 3 or .s.?.?tiq..p ft, ? \SMJL<?Jtuse to 7b_e seni? uponi;tho vertificate,.. \ .q??\P:f,:)n}\1? _,pr?.???i?drPl??;,;i?r,i? ,nQt{c?in :t?e :,presCTibed ifonn. and a copy 0 ,ofthe certificate.
5 . >.J. From and after the service of notice of any certificate apon ? _; t:ertilkatc.Jdcbtor....:a.. ... ? i: ·?? under section O:· .··: :.•: ·:·;. l -:,., .· ? ·; tTie ··11:.irihuntdue 'from time to time in respect of t\e ._.certific.a,te-?hall be a charge upon the immovable property of · th?-·certificate-debtor; wherever situated to which - ev?ry other charge created subsequently to the service of the said notice shall be postponed;
(b) any private transfer of 'delivery of a11y ,of :his' .:immovable 'property· sitpatecj..in the district .in which, the certificate ·ji;. filed-, or of any interestjn such,property, shall be void against; any ?laim enforceable in ex?uti?n o:Cth? certificate • .8. Filing of petition denying, •-liability:
(1) The Certificate-debtor may,, wiH1in thirty days from the service of the: notice .required by section (>, or where the notice .has not been. duly served; then wifhin thirty days rx:.om the execution .of any process for enforcing the certificate, present to the Certificate-officer in whose office- the certificate is -tilea-, or rd th'e ,'Cti-'tuicate .. dfficer who is ex:ecutl?gthe certificate, a petition, iu the . pr&scrlbed'fofm, signed aircf verified in the prescribed manner, denying Iii? 'liability, 'in White or in .part.
(2) lf any, such: petition is presented to a Certificate-officer other than the · ?fica.te-dfilcer in wlfoS'e office the original certificate is filed it shall bo, sent to the latter officer for disposal. :9, Hearing and determining of such petition: The Certifkate?officer in whose office the original cerificate is filed shall b'eaf lhe petition, take evideuce (if necessary), and determine whether the C. ·-cettifrcate-<lebtor. is liable for. th? whole or any part of the amount for which. 'the certificate was signed, and may set aside or modify the certificate '}_;eac;sordingly; ....... l>rovi<led that, if•:the· Certificate-officer is not the Deputy Commissioner, ;:ja'qd::considers t:l?t the petition involves a· benaf.de ' claim of right to property, t{lreJ,shaU refer the petition to the Deputy Commissioner for orders, and the· /;c.1¥,ept:rtyCommissioner, if he· is satisfied that a bonafide claim of righ;. to C)f>r6petty 1s irtVolv-ed, sha.11 m:tke an order cancelling the certilic1te. er substi_tution ofcertificate by addition, omis- ionamend ?f·-·fc/\P'art!es: LJif"\!.]k?J?ctto:}he. pro,)siQ?S,cf tbe L imit?lion .Act, E'63 (36 of i9( 3); and ,?pori''applicati?n-·mitde to him . by- the Certificate-holder, tl:y. Certi.ficate-o;fficer '-:_..'....?-?- ??ay at al,'.)y Hme7 amend a oerri:ficate by the addition, orni$sion er substitutfo?. JK Power to ,.:---- - -·- .ef the name of any C?tificate-holde.r OL Certifi(;at;""dehtor," or by the. 21:teu.:;. • tion of the amoust elairaed therein· ' • • • • . • ·•• . • . ' <· !.'j·::
Provided that when any such amendment is made' ,a.fresh; notice and copy of amended certificate shall be served upon . the .. certificate-debtor as yrovided. Hi . section 6.
PART-III J 1 •. Who may execute certificate: .. A lcertiii-:;ace filed under section 3 or section 5 may be executed by-
(a) the Certificate-officer in whose office the original ce.Hili?tcis filed, or
(b) _the Certificate-officer to whom a copy of the certificate is sent for execution under sub-section (i) of: section 12. ]Li.. Transrai ssion of certificate to another Certificate-officer for execution': · (a) A Certificate-officer in whose office a certificate is filed may send a copy · thereof', for execution, to a ry other Certifie-ue-offic er.
(b) When a copy of a certificate is sent to any such officer, he shall cause it to be filed in his office, and thereupon the provisions of section.7 witn respect to certificates filed in the office of a Certificate-officer shall appfy; as if such copy were an original certificate; Provi+ed that it shall not be necessary to serve a second notice and copy under section 6.
13. When eertificate may be executed : No step in execution of a certificate shall be taken until the period of thirty -days has lapsed since the date of the service of the notice required by section 6> or, when a petition has been duly filed under section 8, until such petition bas beea .heard and determined:
Provided that, if the Cer?ilfoate-officer· in whose office a certificate is filed is .satisfied that the certificate-debtor is likely to conceal, remove or dispose of the whole or any part of such of bis movable property as would be liable to attachment. :in execution of a decree of a Civil Court, and that th: realisation of th'! amount of the certificate would in consequence be delayed or obstructed. he may at any time direct, for reasons to be recorded in writing an attachment of the whole or any pa.ti of such movable property :
Provided further that, if the certificate-debtor whose movable property has 'been so attached furnishes security to the satisfaction of the Certificate-officer, -such attachment snail be '(;Anc:elled from the date on which such security is accc;pteif ,.by: the Ccrlificateso.ffi'1,ef. ·C 7 i?. Mede of Execution : Subject to ?!-.. =-:::=:?? and limitations as may be- prescribed, a Certificateofficer may order eseccnon of the certificate-
(a) by att3ctune;:it and sale, or by sale (without previous attachment), of any property, er
(b) by a:ttactun':1lt of any decree, or
(c) ? ?TJ.g theo-certificate--debtor and detaining him in the civil prison, or ia.i t?- any two or all' of the methods mentioned in clauses (a), (b) & (c), O:rum sales by whom to be held : V.'bcn a revenue-paying estate or any share therein is Hable to sale in execution d a c:crtmcate, such sale may be held either-
(a) by the Certificate-officer exercising jurisdiction in the district to the revenue roll of· . which the estate or share appertains, or
(b) by the Certificate-"officer exercising jurisdiction in the district in which such estate or share is situated.
16. Interest, costs and charges recoverable : There shall be recoverable, in-the proceedings in execution of every certificate filed under this Act.
(a) Interest calculated in such manner as may be prescribed upon the public ·• ·.·•demand to which the certificate relates, at the rate of six. per cent per annum from the date of the sig ring of the certificate up to the date of realization;
Provided that=-
(i) no interest shall be charged if the amount of public demand is less than one hundred rupees, or if the period from the date of signing the certificate up to the date of realisation does not exceed three months;
(ii) no interest shall be charged for the period during which the execution · proceedings are stayed under an order passed by the Certificate officer at the instance of the Certificate holders; and
(iii) no interest shall be charged fur the period during which the execution proceedings are stayed under an order passed in appeal or in revision or by a Court at the instance of the Certificate holder or any person other than the certificate-debtor; costs as are directed to be paid.'uader section 42; and charg?Uncurred in respect @f?. J
(i) the se,ryi® of notice p?oce?s; atid : '(ii}' a:11·. oth:er · prea:@in·? under section 6, and of warrants and , othl!if ,· ,. :·:; :;,:- :::..;·.· . :'··;
17. Attachment .of property : · Prnperty'ikbie to attachment and sale in execution of: a decre?r of a Civil Court under section 60 of the Code of Civil Procedure, 1908 (,'.\ct V:of. ??()8)? may be attached and sold in execution of a certificate under this Act. l8. Payment of money, contrary to attachment.. to be void : Where an attachment has been made in :,execution .. of a certificate, ..any , pay? meat to the Certificate-debtor of any debt, dividend or other money, ?·ntra:.yto such attachment, shall be void . as against all claims. enforceable •oodet the attachment. · ,. · ··"
19. Attachment of decree : ,
(1) The attachment .of a Civil Courtdecreefor the payment of money or for the sale in enforcement of a mortgage orcharge shall be made by the -issue to the Civil Court of a notice requesting the Civil Court to stay the execution· Gf the decree unless and until-
(i) the Certicate-officer cancels the notice; or
(ii) · the Certi:ficate-hclder'odhe Certificate-debtor applies to the Court receiving such notice to execute the decree. · (2) Where- a Civil Court receives an application under clause (ii) of sub-sectiQn:> ' . . . ,· . : ; . ···:····'·;
(1), it shall, on the application of the certificate-holder or the certificate-debtor, · .. and subject to the provision· of the Code of Civil Procedure, 1908 (Act V of 1908),: proceed to execute the attached decree and apply the net proceeds in satisfaction of the certificate.
(3) The certificate-he Ider shall be deemed to be . the representative of the holder of the attached decree, and to be entitled to execute such. attached decree in any manner lawful for the holder thereof. 20; Purchaser's title ·:
(l) Where property is sold in execution of .certificate, there shall vest in the purchaser merely the right, titie and interest of the certificate-debtor at the time of the sale, even through the property itself be specified.
(2) Where immovable property is sold in. execution of'a certificate, and such: sal? has become absolute, the purchaser's right, title and interest shall be- " deemed t,, have vested in him from the time . when the property is .sc:ld.: an<L1 not from the time" v/heii the iaie becomes absolute.
21. Suit against rmrcha.? net maintainable on" ground of 'purchase being made on beaalf of plaintiff : *"·
(1) No suit shall be maintained against apy .: pbrso?cl???imt title l!ll<!er? purchase certified by the· Certiijcate-9fficer i? such a mantJer as, maybe pr??d on: the gro?d--that the purchase'Vas made on bel\?ffofth?.pla!?Wf or .9? eehaif or some one throughwhom the plaintiff . claims, . . (?) ?? m t?. a.c:i;tiou. shalt bar , a suit: to otitain a declaratina that 6e !:2I!!e or any purchaser certified as aforesaid was inserted iµ tg(? certificate ?t:-v or without the consent of the real purchaser, or interfere with the ?t er .- third' person' to 'proceed a?ainst. that property tlifou?h.ostensibly sold t: tl!ic ewtificd -purchasef en the ground that if is' liable to satisfy. a claim of l<!c:!i third person against· the· real' owner. SETTING; ASIDE SALE ?. . A,?Jicatj9µ w s?t Jlsi4? ?fl.l? of ffllIJJ.OYablc property 0n deposit : :-ft)· Where immovable property has' been sold in execution of certificate, the certificate-debtor or any person whose interests are affected by the sale, may, ?t avx tim? wi?JAth.iJ:ty_d<l-y/}frp? thy date Qfth? ?i;iJ?. wply to tJ:w. A,rt#}caJ? officer to set aside the sale f!P. p.j? p?po?itin.i=-=- :: -,Ja}, for p?ymenp? tli.? cer:tific.a?hglder,, theamount sp.ecifued in the procla m;,ttj<;g ofsaJ? ?S that fM tm: re.g:rv.!'ry of whiih• the sale was,.ordecetl, · wjtl,Jc i11}.?restt?f?oo,:.it the rate pf ,s? per cent per annum, calculated fFgm,Oie: ?,a.te-,oft4? p,,q§l!:lm?.-tim1of sa!P ·to the d:ue,-wben the .deposit is made;
(b) for payment to· th!' pur§bas?r as ?nalty a $um equal. to five, per cint . , .of t4v: :pJtrs;Jµis?Nil!:]llyrput t).,Q_t,I?.?$tbap,. ?n ,rup.e.?.; ?tl-9 f.or>payment ?f the· 'Deputy' Commissioner (where the certifi.cate· is for a public demand, payable to -the Deputy Commissioner),' such out:. standing charges due to the Government under any law for the time 'tt· : p?ij]._g··r?'._.:,fQ.r?.::•i-?lr.t? ?P@ufy ..:· · ?@lmi.S:Sie?f' .. ·- .e.itifie.s .... t0: __ -b?.:pay\a-?leby ??i:.!fr:,. Jb?::?f1."tjJ?1.t?d?QWf,,' fitl/t'(2f'Whetd<i pe'rsori·'niiikes <an 'appiicatfo1;{unqer section. _23 for setting :'?sidethe sale of his immovable property, hd shall not, . unless he withdra;s 1?t;dl;P.R?iflJ.ti-oJ?i,1?e. .,?mJitl"!f!, __ tB ???. f>f ?m?c?t? :a,n ?:PPli?atioP: .under this iiQ?tion? · 10
23. Application to S!:it.. aside sale of immovable· propeJJty on ground of non-service of notice or irregularity :
(1) Where. immovable property has been sold in execution of a certificate, the certificate-holder,the certifi,cate-clebtor,of '?uy perso??hoseinterests are ?ffected by the sale, may, at any time .within sixty days from the date of'sale, apply to the certificate-holder to set . aside the sale on .: the. ground . that , notice . was not served under section 6 or on the ground of a material irregularity ill the, certificate proceedings or in publishing > or conducting the. sale :-
Provided that-
(a) no sale shall be set aside on any such ground unless the Certificate officer is satisfied that the applicant has sustained substantial injurr by reason of the non-service or irregularity; and
(b) an application . made by a certificate-debtor under this section shall be disallowed unless the applicant either deposits the amount recoverable from him in execution of the certificate or satisfies the Certificate officer that he is not ,Jiabl,e to pay such amount.
(2) Notwithstanding anything contained in sub-section (1), the Certificate officer may entertain an application made after the -expiry of sixty days from the date of the sale if he is satisfied that there are reasonable grounds for so doing. :14. Application to set aside sale on ground that certificate-debtor had rio saleable interest or that . property did not exist : The purchaser at any sale of immovable property· in execution' of a certificate may, at any time withinsixty days from the date of the sale, apply to •tho Certificate-officer to set aside the sale on the ground that the certificate debtor had no saleable interest in the property sold, or that the property did not exist at the time of the sale. -25. Sale when to become absolute or be set aside :
(1) Where no· application is made under section 22, section 23 · or section 24 or where .such an application is made and disallowed, the Certificate-officer shall make an · order confirming.the sale and . thereupon .the sale shall become .absolute.
(2) .. 'Where such-an application. is made and allowed aridwherecinthe case of - an application under section 22. the deposite required by that section is made j :within thirty days from the date of the sale, ,tl1e Certificate-officer _shall make ;? an order setting aside the sale; . . • . .. . .. . . ;,: j
Provided that no order shall be made, unless notice of file application 1w-l been given to all persons affected thereby. .?:;; 11
16. Disposalo.fproceeds ofe?ecution: .•(Ii \Vhen:;.,?;?ise? ,;;i; 'r??ifri,clby ?ale'or othe?ise in· execution of a cert?' ficate, they shall be disposed of in the followingmanner-« . ,
(a) there shall first be paid to the certificate-holder the coats incurred by him;
(b) there shall. inctne· rieit place, be paid .fo the',certificate-holder tho amount due to him under the certificate in execution of which the 'assets were realized; (ct.ifJh;ert,..•remain?.·a.·1,a?itllCOafter.,th?eSU;Shayc,,l,eenpaid,tJ:ie? sJ:iail . :,.·.:)?;p?isfto .thecex:tili;at?hoi??r- -. 111,fefr??;anyothe?:a?ount .. · re?oy?z: · .. r??J?µntjer th?. pi;oc'?dµ;epr<>yi,ct?q'?y-_tl:tisA,ct . which may .. be due ',t,{hi:\]1-upon the r9?teupon which {he assetsw,ere;realised; and
(d) the balance (if any) remaining after the paymeritofthe amountIjf any) referred to in clause (c) shall be paid to the. certificate-debtor. ·•)<.(if .. Jf Jhe .. c:etti:ficate-debtor . disputes any, .clairn made by tho certificate-holder 1c{xec?j¥t,iQY?moun,t-:xeferi:-eq,,to jn _cia;1se_(c) of sub-section (1), the' Certificate- ; -officershall det??ine the dispute. . - ' ' '. RESISTANCE' TO PURCHASER AFTER SALE Application by purchaser resisted or obstructed in obtaining. possession of immovable property : ,•,'F {'l,Yifthe'purchaserof any immovable propertysold · in execution of a certificate ??gistediQi·obstructed''by'ari.y person in. obtaining· possessionofthe.property, he ??ylpply'to the certificate:.officer. . > (2} The Certificate-officershall fix a day for investigating the matter and shall ?µinmonthe,partyagainst.whom the application, is made.to.appear.and.answer the '·'····"- . ,}:pt?e<liir?.on such applicati?n: Sj,J:.··'//.,:)_\\-1.i/:_:· -; :_ ·- -?·>:, .- ... _, - :- . . :·:. ·:
(l)..Jf,Jhe::Certificate-officocis satisfied thatthe,t';esistance or obstruction was ioned without any just cause by the certificate-debtor or by some person on . J1f.he''sattidirectthat tho applicant ?be pufinto possession of the property; ·he'applicantis still resisted or obstructed in' obtainingpos3ession, the ate-officer may also, at the instance of the applicant; 'order'' the certi- ...,,c;Ia;Hr9rrSH!-=hother persc:>nJo t;>edetaiged in tge civil prison for.a .term . which · JlqcJ9tJhirty days. j>::IfJhe Certificate-officer is- satisfied' that the :resistance· or obstruction was iariodbyany person (other than the certificate.:.debfor)claiming· - iri good f?th 12 to be in possession of the property on his 9,Wil],-'-??qun:ti:,?u-?.7'115\?§f>JJ:P-tcSlboq P.???P.()?;'r .t???-!Ee <;,er,?n-?l!t?::???te+t,J,h?-??f!jfigg_te_-9!fiqW-l.tagJ::q,1<,??:qrder dismissing· the · application. · · ,, c,.t,\??.ESJI, ID?TE?Jk)Af ?MP,?El.:?A..sE 29: · Power to arrest and· detentibn : . . . O). No order for t?earrest?-?ddeteptionincivil -: prison of a certiifoate-debtorinexecutfonof a certµicatesfr:ilf_f;e-"ipad?.frnless'the 'Certifiqa_te?mcet'liasissued'Ciand- se?ed·a_notice-upoII t1=1?ce???te::debtor,'callingu pofr'hiirl_t,Oappear befon;-?1rim on_a da3:1t(?_'bespecified'·in'!.t?? n?tice·and: to .• S?()Wcatise.w;ij,heshould not:jbe committed - to civil prison ant! •· unless the deitificate?tfficer · for· reasons recorded ,,; in, w.ritingl is-satisfied-. . · "
(a) thj} the Certffi?ate-debtpr,with th_eobject ()r eff?9tof oJ:>?trucqµgor· ·4eiayin?the_executio.n.qfthe•·.certi?b.ate?·has; __ aftefthe filing ofthe._ceriificate in the office of the" Certificate-officer,dishonestJytransferred,:9P?1led;_9.r removed any part of his property; or · ·· · ·
(b) that the certificate-debtor has or has had since the date of the filing of the ce???a!?!\ ?ti ffiWi-JWd?.P:?YJtile; , a:rqo4nliP.J'; wh,jch the certificate has been issued, or some substantial part of such amount and refuses. or neglected-to pay the same. - , .. ??t\>N%fii:9N, ;, Jit Jh?.-?Jf;y,1??i??r-9.frtl;i,e.,,Ill?P.-?·8f1???tei4?btor'., fqr ?4?-1:r!-v;µq?i:;p(tg.i?,sI?a*,t!i.?f?;?Ht ?? l?;-.9.?-.ols?ROqP,k?AY-PIOJW,1¥1Yrfb.,;?q?." by ?Cun'dcr' any law Of CllStOrn°havi?gthe force - .Of;@.W.Jeftfu?:?J??'.b,e,?_ip,J?rRfu.\ i?.c;?e_µiP,tedJrom_?;t????,I}?-i? ex?qtioo,__of tl:ip,?i;!??t.?? · ... (2:h · No.twith:J?!),dittgcany.thing>cQD.taiJ:¥:.d, in sab«ct-ion-fl);.,_a.. w.anraai for, :t.- .. arrest of the certificate-debtor may be issued by the Certificate-officer, ifcthe· ·· Certificate-officer is satisfied by affidavit o_r:o??rwist?th?t?. with tlic;_9pj?pt qr effect of delaying the execution of the certificate, . the .. certincate-d?bt'or.? "likelyto· ·abscond·or leaye the IocaHimits'bfthe jurisdictionof-the- Cerfificate..;offi?er . . . ?n: WJ!Fr?a.l?;!?,t;?FHa_H??}£.;B,Oii;iPil?Sejp.;,99??ee,? t9i ,ain?fP.?,i??.JJ;Ci:,\1a?ft?imv? J:1;:9:d?f1?M?,,;;,$f,S#OB:,1{!1,1iW1?11-i&fM?pfficer,'.?¥::. ??ue:' !-hwwn:g1t'.fPh lJi?,3.JT?.Of .. t.?ie?c?Y54nb!<i>fr. • {4)< Every person· arrested· iri pursuanfo ·off-a wartaat·ofarrest ·.issued'-under sub-section (2) or sub-sectioe (3), shall be brought before.the. Certificate?fncer1lS ;?.PRn?tPf;S!i?ebte,a_B4,}?,.!.Y.¥JY??l.vyif?J!}Ws:n}yipM-f,.li,gg,?,pf]* ?-eiit (e?lusivec of,i?htkti.fq-re9'1l¥r??,sr:·-j_q;;r;Q;t-};., 13 _
Provided that, if the certificate-debtor pays the: amount entered in the warrant ofarrost as due under certificate, and the cost of arrest, to the officer arresting him, such officer shall at cnee release him.
(5) 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 (4), tho Certificate officer shall proceed to hear tho -certificate bolder and take all such evidence as may be produced by him in support of his application for execution aiidshall then give the certificate debtor an opportunity of showing cause why heshould' not be committed to the civil prison.
(6) Notwithstandinganythingcontained in the Criminal Procedure Code, 1973, pending the conclusion of the inquiry under Sl1b-sectionJ5),. the Certificate officer may, in his discretion, order the certificate-debtor to be detained in the custody of such officer,· as 'the Certificate-officer may .thing fit . or release him on bit furnishing security to the satisfaction of the Certificate-officer for his appearance when required.
(7) Upon the conclusion of the inquiry under the sub-section (5), 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 eause him to be -arrested, if he is not already under arrest :
Provided that in order to give the certificate-debtor an opportunity of satis fying the certificate-debt, the Certificate-officer may, before making the order of detention, leave the certificate-debtor in the custody of the officer arresting him or of any other officer for specified period not exceeding fifteen days of releasing him on furnishing security to the satisfaction of the Certificate-officer for his appearance at the expiration of the specified period, if the certificate debt be not sooner satisfied.
(8) When the Certificate-officer does not make on order of detention under sub-section (7), he shall, if the certificate-debtor is under arrest, his release.
30. Release from arrest and re-arrest :
(1) The Deputy Commissioner may order the: release of a certificate-debtor who has been arrested in execution of a certificate, upon being satisfied that he has-disclosed thewhole of his property and has placed it at the disposal of the Certificate-officer· and that he has not committed any act or- bad faith. _.
(2) If the Certificate-officer has ground for believing the disclosure made gy a certificate-debtor under sub-section (I) to have been incorrect, he ??yorder the re-arrest of the certificate-debtor in execution of the certificate, ??tthe'period - of his detention in the civil prison shall not in the aggregate !:')Xceed- that authorized by sub-section (1) of section 31. 14
31. Detention in and release from prison · ...
(1) Every person detained in tho' civil" prisbll in execution of a .. ?m9.a? l'fl'l3:Y be. so detained-
(a) where the certificate. is for a demand of an amount excc;9di? one .theusand rupees - for a period of three tnonths, atjd (b ). in. any orther · case - for a period of six weeks :
Provided' that he shall · be released froin such .. 4etention -
(i) on thc, aw9µ11tl;lleqti<;>I!edill the .. warrant for. pj$ detention, beiqg paid. to•the,.offi,,1=erjµ J;?arge,.ofthe,pri?on; or
(ii) on. the certificatebein!t.otherwise full.,J?a?fi?d. or cancelled ; .•· or
(iii) on the tequest o(the j,erson Of any) on whose requisition ?e certificate wi?filed/orofthe Deputy Commissioner; or · (iv) on the.omission.bY . the.perso?,(if any) on whose requisition the certificate W3.$ filed to- pay th!' subsistence allowance fixed by tl:J.e C ertificate-officer. .
Provided further that he. shall not be released from such detention under clause (ii) or clause (iii) without tj:ie6rdfr .· of the Certificate-officer.
(2). A certificate-debtor releaseid from detention under this section shall not, merely by reason of his release, be pi??j:J,arged from his debt; but he shall not be liable to be re-arrested under the certificate in execution of which he was detained in the civil prison.
32. Release on ground of illness (I) At any time after a warrant for the arrest of certificate-debtor has been issued, the Certificate-officer may cancel it on the ground of his serious illness,
(2) Where a certificate-debtor has been arrested, the Certificate-officer may release him if in the opinion of the Certificate-officer, he is not in a fit state pf health to be detained in the civil prison.
(3) Where a certificate-debtor has been commited to the civil prison, he may be released therefrom -
(a) by the Deputy Commissioner, on the ground of the existence of any infections contagious desease, or
(b) by the Certificate-officer, pr the Deputy Commissioner on the ground of the suffering from any serious illness.
33. Prohibition of arrest or detention of minor and persons under disability :
(l) Notwithstanding anything contained in this Act, Certificate-officer shall not order arrest or detention in civil prison of-
(a) a minor; or
(b) any person who, in his opinion, is of unsound mind,
(2). Whenever it is necessary to arrest a women, no such arrest shall be made between sunset and sunrise.
PART?IV .. REFERENCE··• op·.·· CIVJL COURT Suit in civil Court to have certificate cancelled or modified: -The tertificate-debtor·may, ?( anr tirtie within six months- .,ql Jrpm iP.t; s?zyic" lJP.J:nt ]J,µn .-9,fthe J;t,q*e.i:c;qµir?qb?10,section.6, or ·{21 if he files, in accordance with section 8, .a petitio.n dMying liability from Jbe x!la.t('gf deteqninatio.:n. .of. :the ;petition, .or ifhe 'appeals, in .accordanee with section 50 f tom an order passed under section 9-frotu the date of the decision of such appeal, bring a suit in the QvU ·. :?ourt to h?Vt?the certificate cancelled ()f modified, and for any furthen. · conseq:µentiairelief to which he may be entitled:
Provided that no such suit slu1ll be entertained=-
(a) in any case, if the certificate- debtor ha? omitted to file, in accordance with section 8, a petition denying liability, or to state in his petition denying liability the ground upon which he claims to have certificate cancelled er modified,·. and cannot satisfy the Court that there was good reason for the omission, or
(b) in the case of a certificate for a demand mentioned in Article l or Article 2 of·the Schedule appended to this Act, if the certificate debtor has not paid the amount due under the certificate to tho Certificate-officer; {i} within thirty days from the service of the ?otice required by section 6, or
(ii)' if he has filed in accordance with section 8, a petition denying liability-then within thirty days from the date of determination of the petition, or
(iii) if he has appealed in accordance with section 50-then within thirty days from the decision of the appeal.
Provided that no sale in execution of -a certificate shall be set aside in such a suit; unless the purchaser has been made a party 'to the suit .?ncl until a . direction.js made for /the .refut1d of the amount of the purchase-money w?th. such ill?erest (if any) as the Court may allow not exceeding six per cent annum. jy:?t Grounds . for Cancellation gr modification of cectificate by civil court: \O;) · No eertiflcate duly fil? under this Act shall be <::anceUe.d ?y a Civil Court except on one. of the followings, gr9;!i;o.cli;,namely-« 16
(a) that the amount stated in the certificate was actually paid or discharged before the signing of the certificate; or
(b) that no part ofthe stated in cegificate was due by the certillcate-debtok; to the certificate-holder; or
(e) that, i,n the. case of fines imposerl or cost, charges, expenses, damages.] duties "or ·•foesadjustedby a Deputy . Commissioner or . a public officer:g · under any · law orany rule having the force of law, the proceedings ofj such Deputy Commissioner or public officer were not in substantial/ conformity with the provisions ofsuch law or rule, and that in consequences the certificate-debtor suffered substantial· injury from some error, defect or irregularity in such proceedings.
(2) No certificate duly filed under this Act shall be modified by a Civil Court except on one of the following grounds, namely-
(i) that a portion of the alleged debt was not due; or
(ii) that the certificate- debtor has not received credit for any portion which. he has paid.
(3) Nothing contained inthissection shall interfere with tho ordinary origina] jurisdiction of the Gauhati High Court.
36. Suit to recover possession of or .to set aside sale of immovable propert)'' where notice of certificate not served : Notwithstanding anything herein before contained, a sale of immovable-! property in execution of a certificate shall not be void on the ground that th;{: notice required by section 6 has not been served, but a suit may be brought fo/i a Civil Court to recover the possession of such. property or to set.aside such sal?< on the ground that such notice has not bean served and that the plaintiff haii sustained substantial injury by reason of such irregularity.
Provided that D'- such suit shall be entertained-
(a) if instituted more. than one year from the date on which possession ol the property was delivered to be purchaser, or
(b) if the certificate-debtor has made appearance in the certificate proceeding or has applied to the Certificate Officer under section 22 or section 23 to set aside the sale, or
(c) if instituted after one year from the date of having the fact of deliveri. of the property by the plaintiff in case the fact of such delivery was not? know to the plaintiff. 17
37. General Bar to jurisdiction of Civil courts, save where fraud alleged; &apt as. otberwise expressly provided in this Act. every question arising between the oertlficate-holder and the certificate-debtor. or their representatives. relating to. tho making, cxi,cution. discharge or satisfaction of a certificate duly filed under this Act, or relating to the eoafirmation or setting aside by an order under this Act of a sale held in execution of such certificate, shall be determined not by suit, but by order of the certificate-officer before whom such question arises, or ofisuch other Cettificate?offi.cer as he mar determine; Ptovidtcl that a suit may be brought in a Civil Court in respect of any such que:stio'i.1upon the ground of fraud.
PART-V
38. Persons Under Disability : Where the Certificate-officer is satisfied that the certificate-debtor is a minor or of unsound mind, he shall, in any proceeding under this Act, permit to be represented by any suitable person.
39. Continuance of Certificates : No · certificate shall cease to be in force by person of-
(a) the· · property to which the demand relates ceasing -to be under the charge or management of the Court of Wards or Revenue authorities; or
(c) the death of the certificate-holder." Procedure en Death of Certificate-Debtor : Where a certificate-debtor dies before the certificate has been fully satisfied, certificate-officer may, after serving upon tho legal representative of the deceased a notice in the prescribed form, proceed to execute the certificate such legal representative; and the provisions of this Act shall apply, as if such legal representative were the certificate-debtor and as if such notice under section 6 :
Provided 'that. where the certificate is executed against such legal representative, he! shall be liable only to the extent of the property ?f the deceased which has tome to his hands and has not been duly disposed of; and for the purpose of' ascertaining such Ifability, the Certificate-officer executing the certificate may, his own motion or on the application of the certificate-holder, compel such ·· legal representative to produce such accounts as the Certificate officer thinks fit. .. '18
41. Cancellation of Certificates :
(1) The Certificate-officer shall· cancel any certificate at the requeirt of the certificate-holder. .
(2) The Certificate-officer may cancel · any certificate filed" under section i,' if the Certificate-holder is not reasonably diligent.
42. Costs : Subject to such limitation as may be prescribed; the award of any cost of and incidental to any proceeding under this Act shall be in the discretion of tho officer presiding and ho shall have fall power to direct by . whom and to w\}at extent such costs shall be paid.
43. Compensation : If the Certificate-officer is satisfied that any requisition under section 4 was made without reasonable cause, he may award to the certificate-debtor such compensation, as the Certificate-officer thinks fit; and the amount so awarded shall be recoverable from the certificate-holder under the procedure provided by this Act for recovery of costs.
44. Entry Into Dwelling House :
(1) No person executing any warrant of arrest issued under this Act or· any process issued under this Act directing or authorizing the attachment of movable property, shall enter any. dwelling-house after sunset or before sunrise.
(2) No outer door of a dwelling-house shall be broken open, unless the dwelling-house or a portion thereof is in the occupancy of the certificate-debtor and he or any other occupant of the house refuses or any way prevents access thereto; but when the person executing · any such warrant or· other process has duly gained access to any dwelling house, he may break open the door of any room and enter, if he has reason to believe that entering into the room is necessary in order to enable him to execute the process.
(3) Where a room in a . dwelling house is in the actual occupancy of a woman who, according to the customs of the country, does not appear in public, the person executing the process shall give notice to her.that she is at liberty to withdraw; and after allowing a reasonable time .for her to withdraw. and· giving her reasonable facility for withdrawing, he may enter sueh rcom. for tho purpose of executing the process; and if the process be for the attachment of property, he may at the same time use every precaution, consistent with this section, to prevent its clandesting removal. 19 general su pervisio1,1_;:: shall, in the perfor- . '. ? "\ A Ccrtificatc-?fficer (not being Deputy Commissioners) -mance of their duties under this Act, be subject . to the and control of the Deputy Commissioner. -48? Appeal : (I) A?·appeal from 'ariy original order made under this Act sball'lie-
(a) if tbe order was made by a CerWicate-officernot being tho ))eputiS. Commissioner,to the Deputy Commissioner, or
(c) if the order was made by the Deputy Commissioner, to the Revenue· ·Commissioner;
Provided that that no appeal shall lie from any order made under Every Certificate-officer shall have the powers of a Civil ?ourt for the. purpo>es of re<ei'ling evidence, administering oaths, enfbrciDgthe · attendance or' witnesses and compelling . the production of documents. '47. Control Over Officers : ?- Application of Act-XVfil of 1850 : Every Certificate-officer shall,.in the disc?arge of his functioning??j.,this Act, be, iliemotl to "" acting judi<iMlywitbin the me'anro, or the 11ldicjruo)licer, ,Piot«tion Act/1850. · · ' · · · · '· -4"6.. ·officers-to h?ve Powers of Civil Court -fol' Certain purpo?: . . ? . - .? i. .. '.·. section 22-
(2) Every appeal under sub-section (I) shall be prasented, in case of clause(a): within fifteen days or in case of clause (b) within thirty days, from the date of order
(3) Pending the decision of any appeal, execution may be stayed, if the appellate authority so directs, but not oth.::rwise.
49. Bar to Second Appeals : No appeal shall lie from any order passed on appeal under section 48.
50. Revision :
(1) _ Any order passed by a Certificate-Officerother than Deputy Commissioner may be revised by the Deputy Commissioner and the Revenue Commi-' ·ssioner may revise any order passed by a Deputy Commissioner under this Act. (2} The period of limitation for an application for revision under this section shall be thirty days from the date of the order of revision whereof is applied for excluding the time occupied in obtaining a copy of the order ;
Provided that such an· application for revision. may be admited after the \period aforesaid, if the · applicant satisfies the Deputy Commissioner or the i?yenue' Commissioner, as the case may be, that he has sufficient cause for ;,n<>tmaking the application within the .period.
51. Review : Any order passed under tliis Act may.after notice to all . .persons.interesteq.,.be reviewed by the officer who made the order or by his -successor in ofiice,,on account of mistake or error either in tae making of the certificate or In.the course of any pfi:kee?irl.gund'er th.IS Act
52. Saving of other Acts: The powers given by .this Act ·shall tie 'tieemecl to be in addition to, andnot in derogation from, any powers conferred by any other Act now in force·for the recovery of any due, debt or demand to which the provisions of this.Act a:te a:pp'ffoa:Me·;a:o:i:I,·ext'l:'p't Where 'expre'Sslf so provided, no ieg:il remedytltalr M aff ec'tt"ii by · this Act.
53. Application of the Indian Limitation Act, 1963 : The provisions of the Limitation Act, 1963, except sections 6 to 9, .shallapply to all orocee.lings under this Act, as .i( a certificate filed hereunder were·a decree of a tivil 'Coult. :54. Certificate-Officer Deemed To be a Court A Certificate-officer shall be deemed to be a Court and any pmcooding.' before him shall be deemed to be a civH .proceeding within the meaning ofsection 14 of the Limitation Act, 1963.
55. Peilraliies : Whoever fraUd-uleutfyremoves, conceals, transfers or delivers to any person.,any property or any interest therein, intending thereby to prev?nt that ptoPerty.orinteres!ttnerein, from beirarg-ta.ke,o -en ;ex:ecution ef'a ?rtifica'te, shall be deemedto have com.nitted au offence pu-:i'hhable under setti-on 206 oT Ti:iliiai,. ·P-enallCode (Act XLV of 1860). RULES
56. Power to Make Rules : (I) The State . 'Gevecnrnent may, by n:otincation in the Official Gazettean:d.1 A.:.subject to the condition of previous publication, make rules. for the purpose'·of carrying into effect the provisions of this Act.
(2) In particular, and Without preju(lice to the generalitt of the foregoirrg:power, such rules may provide for all or any of the following matters, namely:?-
(a) the signatere and ve-riiicatfon of re(:Juis'i•tio:fil::smade ucder section -4.; !(bJ the Cer'tifica'te--officers · · to Whom such tequisi-troris s·houlil !be addr-ess'edi;1)
(c) the cases in which such requisi'tions shail not be ·chargeable with 'a fel 21 If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, published in the Official Gazette as tho p.?p:1.3ion,.flla);' _p,9.uireldo anything (not inconsistent with the provisions or· fli1sAct)' wliich appears to it ??. necessary to remove the -difficulty :
Provided that no._such .order, allaJ.Lbemade under this section after the 'years ·from the date of 'commep,cetnentof this Act. J . ·- . . .· . :,:.- . . • Pr:otecfiQn: of action. taken irr good·+ faith : prosecution Or other Jegaf proceoding.shall lie against Certificate ,,anythin? .. wJiic? is· .d<>n,ejn, good faith or intend?d to be dons Rules .made thor?.undet:., .
(d) the. service of notices issued under section 6, the service of other notices or processes issued under this Act, and the manner in which. service may be proved;
(e) the signing and verification of petitions under section 8, denying liability;
(f) tho transfer of ccrtifitates;proceedln?sin execution of certificates and; petitions under section 8 denying liability from one Certificate-officerto another' for disposal; . . . , .
(g) the manner of calculating. interest referred to in clause (a) of section J 6; .
(b) · the. scale of ,9hllrges to be recovered under clause (cf of sectfoi:i. l6; (i} thet?aintenanc??d!·Pdcustody, while under attachment, of live-stock: and other m9:v?ble property and the- disposal-of the: 'proceeds ofsnch: .sale;
(j). the, registers.. becks and accounts to be kept by the Certificate-officers, and the inspection thereof by the publie ;
(k) the fee to be charged for the inspection of the register of cedifi-. cates maintained;
(1) the recovery of" expend iture on the certincate establishment by the .levy of costs under clause (b) of seetion 16 and section 43;
(m) the 'recovery of poundage fees;
(n) the forms to be used under this Act. ·.. _
(3) _ Aff·rufosmade underthis Act shaU,as SOO!l as may be after they :ire C made; be laid before the Legislature, while it is in session, for a tot?.t' p?ffodof not less ·than fourteen days extending in its ono session or· more· than one successive sessions and shall, unless · some later date is appointed, take ;feft froJp·.Jhl' date of their .publicatien in the official Gazette, subject to .· such modifications or annulments as the Legis lature may agree to, make so, \ however, that ?ny . such modificationor annulment shall be. :WithOL>t prejudice .. i?,the·.validitjof anything previously done thereunder. Power to remove difficulties :
4. 't· -(i)
(ii)
(iii)
5. of the SCHEDU"LE PUI3LlC DEMANDS. ?,· .:...t :· : •.•.. ,:··· ' ' ' ' . . . ' . _.. L Any arrear ?f'revenue which remains due in the rouowing, circumstances, •ame:Iy ; When 11:mdey the .,prov1s1ons · of, the- Manipur Land Revenue and Land ?eforms Acr.,: J960 (No. 33 of 1960], or; any other law for the time bein: ?n force, an estate or tenureI or any share of an estate or tenure; has been .. old for the recovery of arrears of revenue due thereupon and after deducting '!he expenses of such. sale, the -balance- of the sale-proceeds remaining is insufficient to liquidate tile . •r.reni?, of' revenu??in: 'discharge, of which such sale -proceeds may, under the- s·a-idr provisio-as, be applied.
2. Any arrear of revenue whjch fa due .fromcca· farmer. on account of .art estate held by him. in fa?m anGj..jsnot .paid.OIJ.,the.latest.day of payment .fixed under the s?id ·.·· Manipur Land . Revenue and Laud Reforms Act,. 1960 (No. 33 of 1960). ·
3. Any money which is declared by any law for the time being in- force to be recoverable or realizable as an arrear of .. revenue or land-revenue or by int process authorized for the recovery of arrears of revenue or , of the public revenue or of Government r_evenue. Any money which is declared by it-nyenactment for thetime'beingin fore? to be demand or a public .demana. or . . .. . .. . . to be: recoverable- . as arrears of a demand or public demand, or to be recoverable under the Manipur Land Revenue and Land Refornis Act, 1960. , , And money due from the s.urc-ties·ofa farmer+m respect -of the revenue estate farmed by him. 6; Any money awarded as fees or c·osts o'y a Revenue authority under .any law or any rule having 'the force Jt law;
7. Any demand payable: t6the D.@ptityc'ollllllissioner.by a person 06lding ,any interest, in ·land, pasttrta}{e;forest,-rights,fisheries or the like, whether slick interest is or is not tr,rnsfcrabl.¢1; Whe.m $'!.lchi:;deman.ck 'is. a;· condition. of -?tic use and enjoyment of s1;1?h.,1an4,1,.p?tur?;f=.,.fo.??hr?p.ts, fisherj? op??ngs. ·:;. . ' .... - .. ,_. -.,·-?· .. :. . . . ' ·- . '. ?-'" · l11 th:? e,ajJe ofb property -which; , •jrider the.:C-i,rovisi?bf any fa°iv)lli· ih? time b:eing in force, is undt,f'<it1tec>eliaf?J6f,of.i is lltinated · -by.t1ta :e®ri 23 cf Wa_rA....sor the Re...-en-ae anthoritles on behalf of a private individual-any arrear of rent or of any demand which is recoverabie as rent, whether such arrear became CF..e before er after rte mansgemeut develoved upon such court or such authorities.
9. Any money :;:·ayable to Government or to an officer of Government in repayment of a loan in cash or in kind, in respect of which money, the _, J.'d"50n to whcm tl:e loan in cash or in. kind was advanced, as agreed by a _c-_:writt::rrmstrumen: that such money shall be recoverable as a public demand. iO. Any money payable to a society registered or deemed to have been brcii? under the Manipur Soci::ties Registration Act, 1989, when such money is [fur.meedjointly by the State Government and the Central Government and is granted ?tbysach society as subsidy or loan to a person who agrees by a written lnstrument, '?-i?rteredor un?gister?, that such money shall be recoverable as a public demand.
11. Any sum due to a land mortgage bank registered under the Manipur Co <bpcrative Societies Act, 1976 or any sum due to an assignee of such bank in respect I-Ofany principal sum or any interest thereon under a mortgage made to the bank. ,_ 12. Any money due from a purchaser at a sale held in execution of a certificate ,yngerthis Act, whether the sale is subsisting or not.
13. Any money payable to a local authority.
14. Any money awarded as costs by the High Court at Guwahati/Imphal ;I;(?enchin proceedings under article 226 of Constitution of India relating to matters i arisingoutside its ordinary original civil jurisdiction.
15. Any sum payable to the Government by a person on account of use or occupationby such person of any house, tenement or room belonging to the Government.
16. Any money payable to a Government company wholly owned either by · the State Government or by the Central Government or jointly by the State - · Government and the Central Government.
17. Any money fixed as water rate, electricity tariff, motor vehicles taxes, professionaltax, sales tax etc. by the Government under any statutory Act or Rule in force in the State.
18. Any amount due to a bank or a financial institution from any person :in respoct of any amount advanced or granted under any scheme in the form of financial assistance shall, apart from any other mode of recovery, be recoverable . under provisions of this Act . .. . . ·.
Provided that no proceeding under this Act shall be proceeded with ·t·'itnultaneouslybefore any other forum for recovering the amount that is the subject · 'matter of the certificate.
Explanation-The dues ref erred to above shall also apply to any amount ,advancedor granted by way of any such loan before the date on which tru• Act tomes into force and remaining unpaid on such day. ·.· Printed at the Directorate of Ptg, A Sty., Govt, of M?ip1u 310-C/14-5-2003.