Odisha Public Demands Recovery Act… Bare Act

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

Type	Act
Citation	Act 1 of 1963
Year	1963
Jurisdiction	State of Odisha
Status	In force as published by the source
Text	Published as one document, as the source published it

'llHE ORISSA PUBLIC DEMANDS RECOVERY ACT, 19621 [Received the msent of the President on ihe 25th Ja~uary 1963, first published in an extraordir lar y issue-of ihe Orissa Gazette, h i e d the 8th February 19631 AN ACT TO CONSOLIDATE AND AMEND THE LAW RELATING TO THE RECOVERY OF PIJBLIC DEMANDS IN STATE OF O R N A Be it enacted by the Legislature of the State of Orissa in the Thirteenth Year of the Republic of India, as f0Uows: -

CHAPTER I

1. ( I ) This Act may be called the Orissa Public 2;zttii3 Demands Recovery Act, 1962. C O ~ M ~ ~ C C - men t .

(2) It shall extend to the whole of the State of Orissa.

(3) It shall come into f o r d on such date as the State Government may, by notification, appoint.

2. In this Act, udess the context otherwise ~ ~ ~ t r ~ ~ reqGe9,-

(a) "arrear" shall include the whole or part of an instahent, if any, in respect of a public demand which is not paid on or before the due date for payment of such iatalment ;

I . For the Slatement of O.bi*cts and Reasons, s a e O r f ~ s a G ~ Z C ~ I C EX^- ordinayj, datcd rhoith March 1962 ( NO. 133) and for ~ c ~ ~ r i d f ScIar Comm~ttcc, see Ibld., daPd Ihe 11th August 1962 ( No. 402).

2. Came into force with d t c l from rhe 1st Juns 1964-vide Notsation N ~ . 291 1&-YICT471M-R., dated the 5th May I9M, ~ u b l i s h d in o r a a G~:er,e, Exuaordmary, dnttd the 11th May 1961 ( No. 778 ).

532 THB ORISSA PUBLIC DEMANDS RECOYERL' ACT, 1962 [ Or. Act I (Sec. 3)

(6) "certificate-debtor" means the person named as debtor i n a certificate fled udder this Act, and includes any person whose name is substituted or added as debtor by the Certifr~~te Ofher;

(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 ;

(6) "CertifiCate Oficer" means a Collector, a Subdivisional Officer, 'and any ofice1 appointed by a Collector, with the sanction of the Revenue Divisional Commissioner, to perform the functions of a Certificate Oflicer under this Act;

(e) "movable property" includes growing crops ;

Cf) "prescribed" means prescribed by rules made under this Act ;

(g) "public' demand'' means , any arrear or money specified in ScheduIe T, and includes any interest which may, by law, be chargeable thereon up to the date on which a certificate is signed under Chapter TT .

(h) "Revenue Divisional Commissioner" meaos the Revenue Divisional Commissioner appointed under the Orissa Revenue oriaa 19 Divjsional Commissioners Act, 1957 ; and or 1957.

(i) "rules" and "forms" mean the rules and forms Contained in Schedule 11 or made under section 47.

p ~ ~ i n g 01 3. When the Certificate Officer is satisfied that cc*tiscars for public any public demand payable to the Collector is due, dtmanas he may sign a certificate in.the prescribed form, stating payable to that the demand is due and .shall cause' the certscate C o l l c c ~ , to be fled in his oflice.

4. ( 1 ) When any public demand payable to any F;;ri;;,;zo person other than the Collector is due, such person u ~ l ~ e r may send to the Certi6clte Officer a writ ten requisi- CaxS.

tion in the prescribed form.

(2 ) E w y such requisitior~ s ha11 be sigtled . and vcrlfiecl i l l ti-ii: prescribed manner, and cxcept in such cases as may be prescribed. s11all be dlargeable with n fcc of* the arnou~?t -vvhicll i:.ouId be payablc under the 7 0 i i ~ 7 ( r Cour-[-fees Act, 1870, i l l rospect OF a plaint For the recovery of a sLiil\ or r n ~ : ~ c y equal to tbai stated in the I-equisit~on as bclng due.

(3) If rrfiec issue of n rtquisition under th is sectior~ any prlymcnt to\vnrds. 01. adjustment of or rtduciioi~ i n the certii icnt~ dues js made i t shall be the duty of the Req uisitio n~ng Officer to intimate the Certificate Ofticel, as soon as possible, such payment, adjust~ne~lt, or reduction as the case may be.

5. On reccipt of any such requisitioll, the Certi- Fili[ls or ficate Oficer, if he is satisfied that the demand is r:::[ii:- recoverriblt: and that recovery by suit is not bat-red by lion.

law, may sign a certificate, in the prescribed io11-11, stating that the dcmatld is due; artd shall includc in the cerrificate the fee, i f any, p:rid under s u h-t;-;ction

(2) ofsection 4 and si~aIl cnusc !he certificatc 9 bc filed jn his office.

6. Whcn a certificate has been filed in the ollice of5 crvicc L :

I I C ~ I ~ ~ C atid a Certificate Oficer under section 3 or sectior~ 5, he,,:,l. .i shall cause to be s e ~ ~ v z d upon tIlc certificate-dzbtor, c-url;:,i.:rc Pn L,:.-! \ : lC . l iC in the prcscrib:d :nan:lcr, a notice in the pc~scribi~i ,,,,,,, form and a cop), of the certificate.

7. From and after illc service of I I O L ~ C ~ ~ i ' ally E ~ ~ C L I , i St:$ i r t 1 - I certificate under sxt ion 6 upon a certificate-dci~tor--~~,~~:, , , f t r ( i l ~ c ; f l t .

(cr) any privalc transfer 01' deli\lei-y of' :t11:; or h i s i [nmovablt: propcr.ty s i tuatcd, :he ({is t r ic~, or i l l i ! ~ e c x e OF a rcvet~ue-pay!l~g c:s:,atc, burnc o ; ~ i!le rzvenue roll 0:' tllc d~s:l-ic! in which :!is ceriiiicntc is file< cl;' L: ' ill?: . ; I - terest in iinV s i ~ h propl:~-r>*. S!?> I: !3c L ~ U I C ~ against any clzim en;brccii:tle i;- ; ..a::-c;~:ic:l:

1 of the certificate; and 574 THE ORISSA PUBLIC DJWANDS RECOVERY ACT, 1962 [ Or. Act I

(b) the amount due' from time to time in respect df the certificate - shall be a charge upon such property, t o , which every other charge created subseqcently t o , the service of the said notice shall be postponed:

Provided that the Certificate Officer may, at any time for reasons to be recorded ,in writing dkc t ' an attachment of the whole or any part of the immovable properties belonging to the certificate-debtor.

F i k g of

8. (1) T h e certificate-debtor may, within thirty p-t i t in days from the service of the notice required by section dcnyng liablli~y. 6 or where the notice has not been duly served, then within thirty days from the execution of'any process for enforcing the certificate, present to t he Certificate Officer in whose office the certificate is filedpor to the Certificate Officer who is executing tHe certificate, a petition, in the prescribed form, signed and verified in the prescribed manner, .denying his liability only on the ground that-

(a) the certificate dues have been fully or partly paid; or

(b) the person on whom such notice has been served is not the person named as certificate-debtor in the certificate:

Provided that a cerihcate-debtor in respect of dues other &an those in relation to which the liability under any law for the time being in force is not open to questionin a Civil Court may also deny ,his liability on any other ground:

I [Provided further that no petition under this sub-sectJon shall be entertained by a Certificate Ofbcer unless he is satisfied that such amount of the certificate dues as thc certificate-debtor may admit to be due from him has been paid].

(2) If any such petition is presented to a Certificate Oficer other than the Certificate Officer in whose office the original certificate is filed, it shaIl be sent to the latter oficer for disrlosal.

Hearing and dctermihg 9. The Certificate Oficer in whose ofice the original certificate is filed may after hearing the petition pftitiw.

and taking evidence if necessary confirm, set aside, modify or vary the certificate as he deems fit.

1 . Xnscrlcd by thc O r i w Public Dcmands Rccovcry (Amendment) Act, 1975 (Or. Act 49 or 1375), S. 2

10. Subject to the law of limitation, the Certi- r;g;to ficate Officer may at any time and shall upon receipt anigcak of intimation, if any, under sub-section (3) of section 4 by omission addition, or amend the certificate by addition, omission, or subs- subslitulion titution of the name of any certificate-holder or certi- orpc"w, ficate-debtor, or by alteration of the amount claimed therein, as the case may be:

Provided that when any such amendment is made a fresh notice and copy sha1I be issued as provided in sedion 6.

CHAPTER 111

11. A certificate filed under section 3 or sectionwho mar 5 may be executed by- execute ctrtifica~e,

(a) the Certificate Officer in whose office the original certificate is filed, or

(b) the Certihcate Officer to whom a copy of the certificate is sent for execution under sub-section ( I ) of section 12.

12. (I) A Certificate Officer in whose ofice, a Transmission certificate is filed may send a copy thereof for execu- ;:~;;P,FC tion, to any other Cert jficate Officer [ * ccriificarc * * * * - Oficer for * 1 execuiion.

(2) When a copy of a certificate is sent to any such otlicer , he shall cause it to be filed in his office, and thereupon the provisions of section 7 wirh respect to certikates filed in the ofice of a Certificate Officer shall apply as if such copy were an original certificate:

Provided that it shall not be necessary to serve a second notice and copy under section 6.

13. No step in executioll of a certificate shall be w,,,, ccrii.

take11 until the period of thirty days has elapsed since ficnlc n1a.u the date of the service of notice required by sections bc cxccu~cd.

6 and 10 or, when a petition has been duIy filed under section 8, until such petition has been heard and determined :

-- 1 omitlid by the Orissa Public Dcmands Rccovcry (Amcodmcnl) Act, 1975 (Or. Act 49 of 19751, S. 3.

576 T-.: ORISSA PUBLIC D'E~UNDS RECOVERY ACT, 1962 Or. Act I

Provided that where the whole or any part of the movable property of the certificate-debtor is liable to atthchment under this Act, the Certificate Oficer may, at any time for reasons to be recorded i ~ t writing direct an attachment of the whole or any part of such movabIe property.

Inttrcst, 14. There shall be recoverabIe, in the proceedings coats and C I ~ U T ~ C S in execution of every certificate filed under this Act-.

rccovcrabfc.

(a) interest upon the public demand- to which the certificate reIates, at the rate of '[ tivclve and a half per cent unli per annum from the date of the signing of the certificate lip to the date of realisation:

Provided that in cases \ilI~ere the Certificate Officer is satisfied that the certificate-debtor has made default in payment of the dues wilfuIIy and wirllout reasonable cause such interest may be charged at a rate not escecding, z[fifteen per centurn] per annuin;

(b) such costs as are directed to be paid mlder section 53; and

(c) all charges incurred in rc'spcct of- ( i ) the service of lot ice under scc tion 6 alld of warrants and other processes ; ~ l ? d ( i i ) all other proceedings taken for real isin3 the demand:

15. Subject to such conditio~ls and limitations as Madc3 of may be prescribed a Certificate Ofiocr may order Oxccutigo. execution of a certificate-

(a) by attachment and sale, if necessary, of any property or in the case of irni~zovabl~ property by sale without previous attachment ; or

(b) by arresting the certificate-debtor arid detaining him in the civiI prison; or - -- ---

1. Subriitutcd by thc Orissa P1:blic Demands Rccovcry {Amcodmont) ~ c t , 1975 (Or. Act 49 of 197% s- 4 (a!

- Z r Substitu~cd by ibid., S. 4 (6).

(a) and (b).

Explnr7utioll-The Certificate 0 ficer may, in his discretion, refuse execution at the same time against the person and property of the cci-tificate-debtor.

16. (1) Notwithstanding anything contained in~pcciairr~odo any other larv or contract to thc contrary, t I ~ e C e r t i - ~ ~ "cO'"y.

ficate Officer may at any time or from time-to time, by notice in writing, a copy of which shall be lb~.warded to the certificate-debtor at his last address k~zown to the Certificate Officer, require-

(a) any person from whom any money is due or may become due to the certificate-debtor; or

(b) any person who holds or may- subsequently hold any money for or on accou t ~ t of the certificate-debtor, t o pay to the Certificate Oficer either forthwith or upon the money becoming due or being held or at or within the time specified in the notice (not being before the money becomes due or is held) so much of the money as is sufficient 10 pay the amount due in respect of e certificate or the wflole of the money when it is equal to or less than such amount.

(2) Where a persoll on \-vhorn a notice is served under sub-section (1 ) proves to the satisfaction of the Certificate Oficer that the lnoney demanded or any part thereof was not due to the certificate-debt~r or that he did not hold any money for or on account of the certificate-debtor at the tilne the notice was served on him, nor is the money demanded or any part thereof likely to become due to the certificate-debtor or be held for or on account of the certificate-debt~r nothins contained in this section be deemed to require such person to pay such money or part thereof to the Certificate Oficer.

572 THE ORISSA PUBLIC DEMANDS RECOVERY ACT, 1962 1 Or. Act 1

(3) The Certificate Officer may, at any time or from time to time, amend or revoke any such notice or extend the time for making any payment in pursuance of the notice, (43 The Certscate Officer shall grant a receipt for any amount paid in compliance with notice issued under sub-section ( I ) and the person making such payment shall be deemed to have made the payment u l ~ d e r the authority of the certificate-debtor and the receipt granted by the Certificate OEcer shaII constitute a good and sufficient discharge of the Iiability or' such person to the certificate-debtor to the extent of the amount specified in the receipt.

(5) Any person discharging any liability to the certificate-debtor after service on him of the notice issued under sub-section (1) shall, if the 1iabiIity is discharged in any manner other than that required in the said notice be personally liable to the Certifimte Officer to the extent of the liability so discharged or t o the extent of the liability of the certificate-debtor, whichever is less.

(G) Any amount of money which a person is required -to pay under sub-section ( I ) or for which he is personally liable to the Certificate Officer under sub-sectin11 (5) shall, if it remains unpaid, be recover- :tblc as a public demand under this Act.

(7) Nothing in this section shall operate to effect any action that may have been taken or prevent any action that may be or is being taken under t h e other .provisions of this Act for recovery of the dues in respect of the certificate from the certificate-debtor.

Attachment pr.l~lsrry 17. Property Iia bIe to attachment and sale in execul i z b i c t o tio1~ofadecreeof'aCivilCourtundersection60ofthe :~ir:~sl~rncnt Z I I ~ jn Code of CiviI Procedure, I908 may be attached and5 011908 cxcculiou or sold in execution of a certificate under this Act.

n icrlificnle.

Par~inl 18. The State Government may, by general or cxcn~!l[ipn 01 S ~ Z C ~ X ~ order pubIished in the Gazette, declare that nyri;ultural ,,,,,, such portion OF agricultural produce, or of any class of agricultural produce as may appear to the State Government to be necessary for the purpose of providing until the next harvest for the due cultivation of the land and for the support of the cerlificate-debtor and his famiIy shall, in the case of all. agriculturists or of any class of agriculturists, be exempted from liability to attachment or sale in execution of a certificate.

19. Where an attachment has been made in execu- of tion of a certificate, any payment t o the certificate- rnoncy debtor of any debt, dividend or other money, contrary :,yc~m=O,,,, to such attachment, shall be void as against all claims to void.

enforceable under the attachment.

ltil~esiigation of c/ai/ns nnd objecliorrs

20. ( 1 ) Where any claim is preferred to or any r n v ~ t i g a t i ~ ~ pbjectiou is made to the attachment or saIe of, any by CerrP- care OfGcer. property in execution of a certificate on the ground that such property is not liable to such attachment or sale, the Certihcate Officer shall proceed to investigate the cIairn or objection:

Provided that no such investigation shaIl be made where the Cert5cate Oficer considers that the claim or object ion was designedIy or unnecessariiy delayed.

(2) Where the property to which the claim or objection applies has been advertised for sale, the Certificate Officer ordering the sale may postpone it pending the investigation of the claim or objection.

21. The claimant or objector must adduce evidence Evidence to to show that- be adduced.

(a) in the case of immovable property at the date of the service of the notice under section 6,or

(b) in the case of inoveable property at the date of attachment , he had some interest in, or was possessed of.

the property attached.

580 me O~rssh PUBLIC DEMANDS B.ECOVERY ACT, 1962 1 Or. Act I Rclcnsc OP 22. Where upon the said investigation, the v'OPor'Y L ~ ~ O I ~ Certificate Oficer is satisfied that fcr the reason stated oiizchmcnQ in the clajln or objection, such property was not,- or snle.

(a) in the case of immovabIe property at the date of the service of the notice under section 6 , or

(b) in the case of movable property at the date of the attachment, in the possession of the certificate-debtor or of some person in trust foi' him or in the occupancy of a tenant or otllel. persoil paying rent to him, or that, being in the possession of the certificate-debtor at the said date it was so in kis possession, not on his own account or as IUS own property but on account of or in trust for some other person, or partIy on his o m account and partly on account of some other person, the Certificate Officer sllall make an order rele2sing the property, wholly or to sucfl extcnt as he thinks fit, from attachment or sale.

uis3,,oxvancc 23. Where the Certificate Oficer is satisfied that or claim to the property was, at the said date, in the possession of provcrw atlached, the certificate-debt.or as his own property and not on accourlt of any other person, or was in the possession of some other person in trust for him, or in the occupancy of a tenant or other Rerson paying rent to him the Certificate Officer shall disallow the claim.

Snvinr of 24. Where a claim or an objection is preferred, iuits ;i, the party against whom an order is made may instiestablish tute a suit in a Civil Court to establish the right which right to atracllcd he claims t o the property in dispute, but, subject ~ r o p c r t y , t o the result of such suit, if any, the order shall bc conc1usive.

Sale Purchaser's 25. ( 1 ) Where property is sold in execution of r itlc. a certi5cate there shall vest in the purchaser merely the right, title and interest of t b ~ ce!-tificnte-debtor at the time of the sale, even though 111~ property itself be specified.

(Sec. 26)

(2) Where immovabIe property js sold in execution of a certificate, and such sale has become absolute, the purchaser's right, titIe and interest shal: be deemed t o have vested in him from the time when the property is sold, and not from the time when the sale becomes absolute.

(3) Notwithstanding anything contained in subsection (]), i n areas in which Chapter XVI of the

8. & 0. A C ~ Orissa Tenancy Act, 191 3, is in force, where a tenure Or 1913- or holding is sold in execution of a certihcate for arrears of rent due in respect thereof, the tenure or holding shall, subject to the .provisions of section 26 of the said Act, pass to the purchaser, subject to the interests defined in the said Chapter as "protected interests" 6ut with power to annul the interests defined in the said Chapter as "incumbrances":

Provided as follows :--

(i) a registered and notified incumbrance within the meaning of the said Chapter shaU be so annulIed except in the case mentioned therein ; and

(ii) the power to annul shall be exercisable only in' the manner directed under that Chapter.

(4) Where the certificate-holder is a co-sharer landlord and the certificate is for his share of the rent only, the provisions of sub-section (3) shall not apply.

26. ( 1 ) No suit shalI be maintained, against any suit awinst person claiming title under a purchase certified by ~~~~~~~ the Certificate Okcer in such manner as may be tainablc on . . . , prescribed, on the ground that the purchase- was pound purchasc or I ' . - made on behalf of the plaintiff or on behalf of somebeingon one through whom the plaintiff claims. bchalr of plaintiff.

(2) Nothing in this section shall bar a suit to obtain a declaration that the name of any purchaser certified as aforesaid was inserted in the certificate fraudulently or without the consent of the real purchaser, or interfere with the right of a third person 582 - Tm ORISSA PUBLIC DEMANDS RECOVERY ACT, 1962 [Or. Act I to proceed against that property, though ostensibly sold to the certified purchaser, on the ground that it .is liable to satisfy a cIaim of such third person against the real owner.

Setting aside sale Application to set asidc 27. ( I ) Where immovable property has been sold sale of in execution of a certificate, the certificate-debtor, or any person whose interests are affected by the sale, property on deppsir. may at any time within thirty days fcom the date of,the sale, apply to the Certifiate Oficer to set aside the sale, on his depositihg-

(a) for payment to the certificate-holder, the amount specified in the proclamation of sale for the 'recovery of. which the sale was ordered,. with interest thereon dt the rate of six and a. quarter per. centurn per .annum, calculated frain the. date of the sale to the date when the deposit is made;

(b) for payment to the purchaser, as penalty, a sum equal -to five per cent of the purchase money but not less than one rupee;

and

(c) for payment to the Collector (where the certificate is for a public demand payable to the Collector), such outstanding charges due to Government under any law for the time being in force as the Collector certifies to be payable by the certificate debtor.

(2) ,Where a person makes an application under section 28 for setting aside the sale of his 'immovable property, he shall not, unless he withdraws: that application, be entitled to make or prosecute an application under this section.

Application to set aside 28. (1) Where immovable property has been sold sale of - in execution of a certificate, the certificate-holder, LT;;:~'; the certificate-debtor, or any person whose interests wound or are affected by the sale, may, -at any time within sixty non-servicre- days from the date of the sale, apply to the Certi- of notice or irregularily. ficate Officer to set aside the sale, on the ground that notice was not served under section 6 or on the ground of a material irregularity in the certificate proceed- -ings or in publishing or conducting the sale :

Provided that-

(a) no sale shall be set aside on the ground of any such material irregularity unless the Certificate Officer is satisfied that the applicant has sustained substantial injury thereby ; and

(b) in the case of an application by the certificate-debtor the Certificate Oficer, shall, before passing ' an order. setting aside a sale under this section, require him to pay the amount actually found due from him.

(2) Notwithstanding anything contained' in subsection ( I ) the Certifidate Officer may entertain an application made after the expiry of sixty days from the date of the sale if he is satided that there are reasonable grounds for so doing.

29. The purchaser at any sale of immoyable ~ ~ ~ I i c a t i p n property in execution of a certificate may, at any to sel a ~ d o sale on the time within sixty days from the date of the sale, apply lhat cerli6cato- to the Certificate Ofhcer to set aside the sale on thed cbtor had ground that the certificate-debtor had no saleable no salable interost or jilterest in the property sold, or that the propertythatprqdid not exist at the time of the sale, or that the pur :cM,;

chaser has suffered substantial injury owing to any misdescription in the sale proclamation of the interest of the certificate-debtor in the property sold.

30. (1) Where no application is rilade under %la when to section 27, 28 or 29 or whe're such an application is bscorne absoluw or made and disallowed, the Certificate Officer shall sot aide.

ma.ke an order confirming the sale, and thereupon the sale shall, subject to the provisions of subsection (2) of section 28, became absoIute.

U) Where such an application -is made and aIIowed, and where in the case of an application under section' 27, the deposit required by that section is made within thirty days from the date of the sale, the Certificate Officer shall make an order setting aside the sale : I 584 THE O R I S S ~ PUBLIC DEMANDS RECOVERY ACT, 1962 [Ori Act I

Provided that no order shall be made unless notice of the application has been given to all persons affected thereby.

Disposal of Proceeds of Execution D ~ s ~ D s ~ of procccds of 31. (1) Whenever assets are realised, by sale execution. or otherwise in execution of a certificate, they shall be disposed of in the following manner, namely-

(a) there shaII be paid to the certiiicate-holder the costs incurred by him;

(b) there shall, in the next place, be paid to the certificate-holder the amount due to him under the certificate in execution of. which the assets were realised ;

(c) if tbere remains a balance after these sums have been paid; there shall be paid to the certificate-holder therefrom any other amount recoverable under the procedure provided by this Act -which may be due to him upon the date upon which the assets were realised ; and (4 the balance, if any, remaining after tbc payment of the amouqt, if any, referred to in clause (c) shall be paid to the certificate-debtor.

(2) If the certificate-debtor disputes any claim made by the certificate-hoIder to receive any amount referred to in cIause (c), the Certificate Officer shall determine the dispute.

Application by purchaser

32. (1) If the purchaser of any immovable. profesistcd or perty sold in execution of a certificate is resisted or ohstru~tod in obstructed by any person in obtaining possession obtalntng p a s s ~ r ~ i n o f 0 f the property, he may apply to the Certificate Officer.

immovable property.

(2) The - Certificate O6cer shall fix a day for investigating the matter, and shall- summon the party against whom the adplication is made to appear and answer the same.

33. ( I ) If the Certificate Officer is satisfied that Pruxdurc on the resistance or o bs tructiljil was occasioned without :;:, a~p'ic" any just cause by the certificate-debtor or by some.

person on his behalf, he shall direct that the applicant b e put Into possession of his property ; and, if the appl~cant is stiI1 resisted or obstructed in obtaining possession, the Certificate Officer may also, at the instance of the applicant, order the certificate-deb tor or such other person to be detained in the civil prison for a term which may. extend to thirty days.

(2) If the Certificate Officer is satisfied that the resistance or obstruction was occasioned by, any person other than the certificate-debtor claiming in good faith to be in possession of the property on his own account or on account of some person other than the certificate-debtor, the Certificate Officer shall make an order dismissing the appIication.

1sp0sscs- 34. (1) Where any person, other than the certi- D' sron by ficate-debtor, is dispossessed by the purchaser of immo- ,,,,,,,,, vabIe property which has been sold in execution of .

a certificate he may make an application to the Certificate Officer complaining of such dispossession.

(2) The Certificate Officer shall thereupon f i x a day for investigating the matter and shaIl summon the party against whom the application is made to appear and answer the same.

35. Where the Certificate Officer i s satisfied that B o y lFdF - - .

. . . the applicant was in possession of the. property o-n claimant t o . .

bo rcFtored his ow11 account or on account of some person other to, POSSC- than the certscate-debtor, he shall direct that thess''" applicant be put into possession of the property.

36. Any person, not being a certificate-debtor. ordcrs ' against whom an order is made under section 35 ;;$::k or sub-section (2) of section 33 may institute a suit suit in a in a Civil Court to establish the right which Iic claims Civil Courtto the present possession of the property ; but subject , . , . . .

to the result of such suit, if any, the order shaIl be conclusive.

Arrest, detention and refease

37. ( I ) No order for the arrest and detenti(?n Powcr or in civil prison of a certificate-debtor in execution detontion. arrest and of a certificate shall be made unless the Certificate Officer has issued artd served a notice upon the certificate-debtor calling upon ' , him to appear beforc llim on a day to be specified in the notice and to show cause why he should not be committed to civil prison, and unless the Certificate Officer, for reasons recorded' in writing, is sat isfied-

(a) that the certificate-debtor, with the object or effect of obstructi~~g or delaying the execution of the certificate has, after the filing of the certificate in the office of Certificate Officer, dishonestly transferred, conceaIed, or removed any part of his property ; or

(6) that the certificate-debtor has or had since the date of the filing of the certificate, the mea-ns t o pay the amount for which the certificate has been issued, or some substantial part of such amount and refuses or neglects or has refused or neglected to pay the same.

Explnnntion-In the calculation of the means of the certificate-debtor for the purpose of this clause there shall be left out of account any property which, by or under any law or custom having the force of I2w for the time Seing in force, is exempt from attachment. in execution of the certificate.

(2) Notwithstanding a~ything contained .in subsection ( I ) , if the Certificate Officer is satisfied-

(a) that the property of the certificate-debtor or any part thereof is likeIy to be dishonestly transferred, concealed or removed ; or

(b) that the ce'rtificate-deb tor refuses or negIects or has refused or nl-glected to pay the same ; or

(c) on enquiry or evidence to be recorded in writing or on davit that the certificate-debtor is iikeIy to abscond or Ieave the local limits of the jurisdict,ion of the Certificate Officer, he may issue warrant for the arrest of -the Certifiate-debtor.

(Sec. 3 7- con rd.)

(3) +here appearance is not made in obedience to a notice, issued and s e ~ e d under sub-section ( I ) , the Certificate Oficer may issue a warrant for the arrest of the certificate-debtor.

(4) Every person arrested - i n pursuance of a warrant of arrest issued under sub-section (2) or sub-section (3), shall be brought before the Certificate Officer as so011 as practicable and in any event within twenty-four hours of his arrest (exclusive of the time required for journey)

Provided that, if the certificate-debtor or any person on his behalf pays the amount entered in the warrant of arrest as dr;e under the certificate, and the cost of the arcst , to the officer arresting him, such officer shall at once reIease him.

(5) When a certi ficate-deb tor appears before the Certificate Officer in obedience to a notice to show cause or is brought before the Certificate Officer under sub-section (4, the Certificate Officer -shall proceed to hear the certificate-holder and take all such evidence as may be produced by him in support of his application for execution, and shall then give the certificate-debtor an opportunity of showing cause why he should not be committed to the civil prison.

(6) -Pending the conclusion o'f the inquiry under sub-section (51, 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 think fit or release him on his executing a bond with or without sekurity to the satisraction of the Certificate Officer for his appearance when required.

(7) Upon the conclusion of,-the inquiry under sub-section (5), the Certihcate Officer may subject to the provisions of section 65 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 aIready under arrest :

provided that in order to give the certificatedebtor an opportunity of satisfying 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 a specified period not exceeding fifteen days or release him on his furnishing security to the satisfaction of the Certificate Oficer for his a pearance at the expiration of the specified period i ? the cemcate debt be not sooner satisfied.

(8) When the Certificate Officer does not make an order of detention under sub-section (7), he shall, if the certikate-debtor is under arrest, direct his release.

b l a s e f r o m 38. (1) The ColIector may order the release of nrrmt and Rnmcsr, a certificatedebtor who has been arrested in execution of a certificate, upon being satisfied that he has disclosed the whoIe 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.

(2 ) If the Certificate Oficer has ground for believing the disclosure made by a certificate-debtor under sub-section ( I ) to have been untrue, he may order the rearrest 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 specified in sub-section ( I ) of section 39 ;

Provided that if such order is passed by a Certificate Officer other than the Collector, the previous sanction of the Collector shall be necessary.

arent ipn in 39. ( I ) Every person ,detained in the civil prison a* mleasc in execution of a certificate may be so detainedfrom prison.

(a) where the certificate. is for a demand of an amount exceeding two hundred and Hty rupees for a period of six months, and

(b) in any other case for a period of six weeks :

Provided. that he shall be released from such detention-

(i) on the amount mentioned in the warrant for his detention being paid to the Officer-in-charge of the civil pnson ; or

(ii) on the eertficate being otherwise fulIy satisfied, or cancelled ; or.

(iih:i) on the request of the person, if any, on whose requisition the certificate was filed or of the Collector ; or

(iv) 0.a the omission by the person, if any, on ~'rhose requisition the certificate was filed to pay the subsistence allowance fixed by the Certiiicate m c e r :

Provided als,? that he shall not be released f roa auch detention u ~ c l e r clause ( i i ) or clause (iii) without the order of the C e ~ c a t e Officer.

(2) A ce~cate-&debtor released from detention under t h i s section shau not, merely by reason of his release, be discharged fi'om his debt ; but he shall not be liable to be reme,sted under the certificate in execution of which he was dktained in the civil prison.

40. ( I ) At any time af~!er a warrant for the arrest Rc?case on grouod oP of a certificatedebtor has b15ea issued, the Certificate ill,,s5, Ofi-r may cancel it on the ,grocrnd of serious illness of the ceficate-debtor.

(2) M e r e a certxcate-debtor hcs been arrested, the Certificate Officer may release him if; in the opinion of the Certzcate Oacer, he is not in h' fit sfate of health to be detained in the civil prison.

(3) Where a certficate-debtor has been w ~ e t t e d to the civil prison, he may be released therefram-

(a) by the Collector, on the ground of :.he existence of any infectious or con~2giou'.s disease ; or

(b) by the Certificate OEcer, or the ColIrqtor on the ground of his suffering from any serious illness.

(4) A certificate-debtor released under this sectioin may be rearrested, but - the period of his detentioll in the civil prison shall not in the aggregate exceed' that specXed in sub-section (I) of section 39.

(Secs. 41-42) Prohibition 41. Notwithstanding anything in this Act, the Or Certificate Officer shall not order the arrest or detendclcnt~on of women md tion in the civil prison of-, persons undcr d isabiliry.

(a) a woman, or

(b) any person who in his opinion, is a minor or of unsound mind. ---

CHAPTER IV Suit in Civil 42. The certificate-debtor may, subject to the COU" havc 'O provisions of any other law for the time being in force, cerlificatc at any time within six monthscancelled or modi6cd. (1) from the service upon bim of the notice required by section 6 ; or

(2) if he has fled under section 8, a petition denying liability from the date of the determination of the petition ; or (3 ) if he has fiIed an. appeal under section 60 from an order passed under section 9 from the date of the decision of such appeal, bring a suit in a Civil Court to have the certificate cancelled, or modzed, and for any further consequential rehef to which he may be entitled :

Provided that no such suit shall be entertained-

(a) where the relief prayed for is merely an any one or more of the grounds specified in section 8 if the cert3cate-debtor has oalitted to fle, in accordance with the said section a petition denying liability and calmot satisfy the Court that there was good reason for the omission ; or ' [ (b) if the certificate-debtor has n d paid aU amounts due under the certificate to the Certificate OEcer, whether or not, under protest made in writing at the time of payment .I

1. Subslitutcd by tho Orissa public Demands Reovery (Amandment) Act, 1975 (Or. Act 49 of 1975). a. 5.

Provided also that no sale in execution of a certjficate shall be set aside in such a suit unless the purchaser has been made a party to the suit and untiI a direction is made for the- refund of the amount of the purchase-money, with such interest, if any, as the Court may allow.

43. (1) No cerfificate duly filed under this 'Act around3 for shall be cancelled by a Civil Court, except on any or canccuation rnodificnone or more of the folIowing grounds, namely:- tion- of ccrr11icatc by Civil Cow

(a) that the amount stated in the certificate was actually paid or discharged before the sigaing of the certscate ;

(b) that no part of the amount stated in the certificate was due by the- certificate-debtor to the certscate-holder ; qr

(c) that, in the case of fines imposed, or costs, charges, expenses, damages, duties or fees adjudged, by a Collector or a .public officer under any law of any rule having the force of law, the proceedings of such Collector or public officer were not in .

, substantial conformity with the provisions of suchlaw or rule, and that in consequence 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 ni&ed by a Civil Court, except' on the following grounds, namely :- ( i ) that a portion of the alleged debt was not * due ; or , '

(ii) that &e certificatedebtor has not received credit for , . any portion which he has paid.

t 592 Trrs OFUSSA PUBLIC DEMANDS RECOVERY ACT, 1962 [ Or. Act I (Secs. 44-46) Snit to 44. Notwi tlistanding anything hereinbefore con- 'O"OVu. posamaon tained, a sale of immovable property in execution of a or 01 to set certificate shall not be held to be void on the ground ub0a*40fs ImmovabIm that the notice required by section 6 has not been m o p @ served ; but a suit may be brought ia a Civil Court whm potiW'to recover possession of such property or to set aside of ccrtiacate not smcd. such sale on the ground that such notice has not been served :

Provided that no such suit shaU be entertained-

(a) if instituted more tbaa. one year from t h e date on which possession of the prope* was deliverad to t h e purchaser, or

(b) if the certificate debtor has made appearance in the kr tscate proceeding, or has applied to the Certificate Officer under section 27 to set aside the sale.

-oral bar to jurisdic-

45. Except as otherwise expressly provided in +ion or this Act, every question arising between the c e f i c a t e courts save holder and the certificatedebtor, or their representswhtio . fraud tives, relating to the making, execution, discharge or satisfaction of a cedficate ' duly fded under t h i s Act, or relating to the codrmation 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 Oacm before whom such question arises, or of such other Certificate Officer as be may determine :

Provided that a suit may be brouat in a C i ~ l Court in respect of any such quastion upin the ground of fraud.

CHAPTER V m c r os 46. The rules in Schedule I1 shall have effect as if enacted in- the body of this Act, until altered or F&duo 11.

annulled in accordance with the provisions of this W t e r .

(Sec. 47) 47 (1) The Board of Revenue may, after previous Powel of publication and with the previous sanction of the State Board of Rcvcnuc le Government, make rules" regulating the procedure make rules t o be followed by persons making requisitions under :::,4 section 4 and by Collectors and Certificate Officers acting under this Act ; and may, by such rules, alter, add to or annul any of the rules in Schedule 11.

(2) Such ruIes shall not be inconsistent with the provisions of this Act, but, subject thereto, may, i n and xvithou t prejudice to the generality of the power conferred by sub-section ( I ) , provide for all or any of the following matters, namely:-

(0) the signature and verification of requisitions made under section 4 ;

(b) the Certificate Officers to whom sucll 1-equisitions should be addressed ;

(6) the service of notices issued under section 6, the service of other notices 01. procssses issued under this Act and the manner in which such service may be proved ;

le) the signing and verification of petitions, under section 8 de~lyi~ig liability ;

I f ) the transfer of such petitions to other oflicers for disposal ;

(g) the scale of charges to be recovered under clause (c) of section 14 ;

(h) the procedure to be followed i n attachment of property, movable or nln~ovable ;

( i ) the maintenance and custody, while under attachment, of live-stock and other movable property, the fees to be charged for such maintenance and custody, the sale of such live-stock and property, and the disposal of the proceeds of such sale :

"For rules, soe Notification No. 776-l -SpI. 33-M. . dalcd rhc 23rd Dmrnbcr, 1973, pubIished in Or/ssaG'dr*dre datcd !We 27t11 Dcccmbct, 1993, Pt. ur, P. m1.

-594 % ORISSA PUBLIC D E ~ N D S RECOVERY ACT, 1962 [ Or. Act 1.

(j) the registers, books and accounts to be kept by Certificate. Officers, and the inspection ' thereof by the public ;

(k) the fee to lie charged for the inspection of the register of certificates maintained under rule 55 in Schedule II ;

( I ) the recovery of expenditure on the certificate estadlishment by the levy of costs under clause (b), of section 14 and section , c"1 .

b) the recovery of poundage fees ; and

(11) the forms to be used under this Act.

Publication and eaecr or 48. (1) Rules made under section 47 ihall be r ~ l o 5 made published in the Gazette and shalI, from the date of set- publication or from such other date as may %e specified tion 47.

have ,the same force and effect as if they had been contained in Schedule XI.

(2) All references in this Act to the said Schedule I1 shall be construed as referring to that Schedule as for the time being amended by such rules.

CHAPTER VI Persons under dis- '

49. Where the Certificate Oficer is satisfied that ability. the certificate-debtor is a minor or of unso~znd mind, ' he shall, in , any proceeding under this Act, permit him to be represented by his natural guardian or guardian appointed *by a Court or in the absence of any such guardian any suitable person.

Continuanw o r t m ~ s . t c 5 .50. No certificate shall cease to be in force by reason of--

(a) the property to which the demand relates , ceasing t o be under the charge or management of the Court of Wards or the Revenue authorities ; or

(b) the death of the certificate-holder.

(Secs. 51 -54) 51 (1 ) Where a certificate-debtor dies before the P ~ O ~ J L U J on certificate has been fully satisfied, the Certificate death of cartificatb Officer may, after serving upon the legal representative debtor.

of the deceasd a notice in the prescribed form,. proceed to execute the certificate against such legal representative; and the provisions of this Act shalI apply as if 'such legal representative were the certificate-debtor and a s if such notice Were a 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 of the deceased which *as come to his - hands and has not been duly disposed of ; and, for the purpose of ascertaining such liability, the-Certificate Oficer executing the certificate may of his own motion or on the application of the certi ficate-hoIder, compel such legal representative to produce such accounts as the Certificate Officer thinks fit.

(2) For the purposes of thiS section, propeny in the hands of a son or other descendant which is liable under Hindu Law for'the payment of the debt of a deceased ancestor, in respect of which a certificate has been filed, shall be deemed 10 oe property . of the deceased wvhicli has come to the hands of the son or other descendant as his legal representative.

52. (1) The Certificate Officer shall cancel any CaoctIIation certificate at the request of fhe certificate-holder. of certi6ca1e.

(2) The Certscate Officer may cancel any certificate filed under section 5 if the certzcate-holder is not reasonably diligent.

53. Subject to such limitation as may be pres- costl.

cribed, the award of any costs of, and incidental to, any proceeding under this Act '[ including costs occasioned by adjoul nment of any auch proceedings at any stage thereof,] shall be in the discretion of the oficer presiding, and he shall have full power to direct by whom and to what extent such costs shall be paid.

54. lf.the Certi-ficate Officer is satisfied that anycompcmarequisition 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 .certScate-holder under the procedure provided by this Act for recovery of costs. ' .

I. Insedcd by the Orisso Public Demands k o v c r y (Amendmenr) A c ~ 975 (Or. k t 49 of 1973, s. 6.

596 THE ORBSA PUBLIC DEMANDS RECOVERY ACT, 1962 [ Or. ~ a l I [Secs. 55-57) Restilulion consequent 55. ( I ) When the order of a Certificate Officer onrcvcrsal is set aside or modified by reason of any order passed or m o d i 6 ~ - ti,, c~ under section 60, 61 or 62 the Certificate Oficer ordcrn shall have full power to give effect to such order and may f ~ r that purpose direct that the certificatedebtor shaII be restored to possession of the property soId in consequence of the order so set aside or modified, or receive such compensation from the certificateholder as the Cerscate Officer may think fit, and such compensation shall be recoverable as a public demand.

(2) ,h o r d ~ r passed under sub-section (I) shall for the purposes of section 60 be deemed to be an original order.

Entry into dwcll iop 56. (1) No person executing any warrant of arrest house. issued under this Act, or any process issued under this Act directing or authorising the attachment of movable property, shaU enter any dwellingrhouse after sunset or before sunrise.

(2) No outer door of a dwelling-house shall be broken open ~ d e s s the dwelling-house or a portion thereof is in ihe occupancy of the ceriificatedebtor and he or any other occupant of the house refuses or in any way prevents access thereto ; but, when the person executing any such warrant or other process has duIy gained 'access to any dwelling-house he may break opon 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 reasonable time, for her to withdraw and giving her reasonable facility for withdrawing, he may enter such room for the purpos>e of executing the process ; and if the process be for the . attachment of property, he may at the same time use every pre caution, consistent with this section, to prevent its' c l ad estine removal.

Application of Act 18 of

57. Every Collector, CertScate Officer, Assistant

1850. Collector, Deputy Collector or Sub-Deputy Collector acting under t h i s Act, and every Government officer making a requiiition under smtion 4, shd , in the discharge of his functions under this Act, be deemed IS or laso to be acting judiciaIIy within the -meaning of the Judicial Officer's Protection Act, 1850.

58. Every Collector, Certificate Officer, Assis 'of iccrsto' tant Collector, Deputy Collector, or Sub-Deputy have powat of Civil Collector acting unde; this Act, shall have the powers cour, lor of a Civil Court for the purposes of receiving administering oaths, enforcing 'the attendance of witnesses and compelling the production of documents.

59. All Certificate officers (not being ~ollectors), aver Assistant Collktors,, ,Deputy CoIIectors and Sub- Deputy Collectors. shall, ' in the performance of their duties under this Act, be subject to the general supervision and controI of the Collector.

'[60. ( I ) An appeal from any original order made "PA] under this Act .shalI lie,-

(a) if the order was made by a Certificate . Officer beIow the rank of an .Additional District Magis~ rate, to the Additional . .

: District .Magistrate; '

(6) if the order was made by an Additional . District Magistrate, to the Collector; .'

. .

Provided that no appeal shall lie fiorn order * setting :aside a sale on an application iriade undei section 27.

. , 1 . (2) Every- such appeal shall be presegted within ' . . thirty days from tbe'date of the order appealed ' . . against. . . . .

. \ -

(3) pending the decision ~f any appeal, dxecuk tion ,may be stayed if ' the appeIlate authority " so directs, . . but not otherwise.

I. ~uGstitu!ed by ~ h c Oiissa 'Pub~ic 'Demands Rxovcry (Amtodmcnr) Act, 1975 (Or. Act 49 of 1975), s. 7. , 3 ~ ' , - .

. .

598 THE ORISSA PUBLIC DEWDS RECOVERY ACT, 1962 [ Or. Act I ( Secs. 61-64 ) Rcvisioa, 6i . '~o-order .~assed in an appeal !~nder section , , . . . . , . . . , . . . . .

60 may be revised by,- . . . . . . . . . . .

(a) if the order was passed. by an Additional District Magistrate or by a Collector, the ' Revenue Divisional Commissioner;

( 6 ) if the ordcr was passed by .a Revenue Divisional Commissioner, . the Board of Revenue :

' . . Provided that where the certificate-debtor makes an application under this section. for revision of any appellate order, no such application shall be entertained unless he has paid all'+mounts due under the certificate to the Cer~ificate Officer, whether or not, under protest made in writing.at the time of payment, and produces a certificate from the Cer.tificat,e Officer showing such payment to have been mad e.]

Review 62. Any older passed under this Act may, , after notice to all persons interested, be reviewed by the oRcer who made the order, or by his successor in office, on account of mistake or error either in the ' . making of the cwtificate or in the course of any proceding .under this Act. . .

, Saving or other ACU. 63. The powers given by this Act, shall be deemed .

to be in addition to, and not in derogation of afiy powers conferred by a n y other Act for the t ibe being in force for the recovery of .any due, debt or demand to which the provisions o f this Act are applicable ;

and, save as otherwise expressly provided, no legal remedy shall be affectea by this Act . Applicafion or the 64 (1) Sectibns 6 to 9 of *the ~ i r n i i a i i ~ n ' ~ ~ ~ , ~ ~ I ' [ ~ i m i i a l i ~ n A&, 19631 shall not apply to suits, appeals or appli- ~ c t , 19631. cations under this Act.

. .

'. (2) Except ,as , declared in sub-section ( I ) , or as .otherwise provided in this Act, the provisions of t h ~ ~ ~ ou9i,1 , '[Limitation Act, 19631, shall apply to all pr'oceed- ' ings under this. Act as if a certificate filed. hereunder .

a decree of a Civil Court.

- ~.d~bstitulcd by rhc brim Public Dcrnands R ~ o v c r y (AmmdmcatJ ' . .

~ c t , 1975 (Or. Act.49 of 1913, 5.8 .

I '

65. A Certificate Officer shall be deemed to be a G:~F~'. - Court and any proceedingbefore him shall be deemed deemed to b:

136 of 19631 to be a civil proceeding within the meaning of section court- 14 of the '[ Linlitation Act, 1963 ].'

66. Whoever fraudulently removes, conceals' pcnbltia transfers or delivers to any person any property or - - any interest therein, intending thereby t o prevent that property or interest therein from being taken in execution of a certificate, shall be deemed to have committed an offence punishable under- section 206 45 of 1869 of the Indian Penal Code.

67. ( 1 ) Where any person has been entrusted Liability of by the- attaching officer with the custody of - any pcnon in cuswdy of movable property taken in execution of a ceriificate, ::;::

the certificate. may, on the failure of such person to ,,,,,,.

fulfil the conditions of the entrustment, be executed against him to the extent to which he has rendered himself personally liable.

(2) Without prejudice to the- provisions of subm section ( I ) whenever the -person referred td therein wilfully and without sufficient cause fails to produce the property kept in his custody before any lawful authority in accordance with the terms of such entrustment such person shall be deenled .to have committed 4s or ladl an offence punishable under sectj on 206 of the Indian Penal Code. . . .

~ i ~ n a t u r e ~ f . .

68.. ( 1 ) Any Certificate Officer may, by written documcnrs . - - by mini+ order, authorise any mhisterial officer to sign, on,, ,,,,,,m behalf of the Certificate Officer, any ~ o p y , issued by , .

the Certificate Oflicer under this Act, of any docu-- ' menr referred to therein.

(2) The State - Government may, by notification, empower' Certificate Officers to authorise ministerial officers, by written, order., to sign on behalf to the Certificate Officers any classes of. original notices, . . . . . , summonses or proclamations issued by Certificate Officers under this Act which are specified in -such : notification'.

69. The enact i~le~~ts specified in the second Rtpcal . column of the tabli: appended hereto are hereby . repealed to the extent mentioned in the third column' thereof.

1, subsljtutcd by ihe Orissa Public Demands Rtcovcry (Amadmentl ~ d , 1975 ( Or. Act 49 01 1975 ), sb 9. . . _ 600 THE ORISSA PU'BLIC DEMANDS RECOVERY ACT, 1962. [ Or. Act I No. and year Enactment repeated ' Extent' of repeal I . Madras Act 2 of 1864 Madras Rcvenue Rccovcry Act, The whole

1864.

2. Bihar and Orissa Act Bihar and Orissa Public Demands The whole 4 of 19L4. Rccovery Act, 1914.

3. Regulation 4 of 1936 Khondmals Laws Regulation, Chapter VI

1936.

4. Rcgulalion 5 of 1936 Angul .Laws Regulation, 1936 Chapter VI and cntr!

i n Part V of the ~chedule-191 4-IV- Bihar and Orissa Public Demands Reco- - very Act, 1914--Thc whoIe..

5. Act 18 of 1881 Central Provinces Land Revenue Sections 93 to 114, 119 Act, 1881. and- 157-A. -

6. Central Provinces Act Central Provinces Land Revenue Sections I27 to 155 and 2 of 1917 Act, 1917. 225 and sub~lauses ( I ) .and (ii) of section 227.

(2) (K).

7. OrCssa Adt 4 of 1950 Oiissa Merged Slates (Laws) Act, Thc entry in thc Schcdule

1950. -1914- 1V -T h e Bihar and Orissa h b - lic Demands Recavery Act, 1914 undcr the beading "Bihar arrd Orissa".

Savings. 70. All proceedings under any o r the enactments repealed under' section 69 and pending on- the date of commencement of this Act shall be continued a d disposed of as if this Act had not been passed.

011963 ] Tm ORESA P ~ L I C DEMANDS RECOVERY ACT, I962 601 , - SCHEDUT,E I Public Demarids [ See section 2 (g)

(i) Any arrear of land reve'nue,, cess or ,any dues payable to the Government .on account of water- .

supply for irrigation.

(ii) Any arrear of land revenue which .is due from , a farmer on account of an estate held by him in farm and i s not pajd oh the latest date of payment fixed for the purpose.

( i i i ) A-ny demand payable to the 'collector b4 a ' person holding any interest in land, pasturage, forestrights,. fisheries, ghats, ferries, hats, trees, or the like.

whether such interest is or is not transrerable when .

such demand is a condition to the use and enjoyment of such land, .pasturage, forest-right s, fisheries, ghats, ferries, hats, tkees or other things and for ~Ghich- an .

agree'ment has been executed by the ~ e r s o n s concernedm . . , , ( iv ) Rents, ties and royalties due to Govern- , .

ment for the use or occupation of land or water, whether property of Government or not,' oi o n account of any products thereof and, a11 moneys falling dud - , to Government under any grant, lease or contract which provides that they shall be 'recoverablk as arrears of land revenue. . .

( v ) Any rent, cess, water-rate br irrigation cess, ' - or similar other dues payable to a Sarbarakar, Gountia or similar revenue collecti,ng agents who, under the terms of settlement made with him, has previously paid the amount. thereof to Government.

(vi) Any plough contribution ' due to a ~ a r d a r 'or Mootha Mall] k ' i n the Khondmais district who . ' .has previously paid the amount thereof tb Governmeqt.

( ~ i i ) In the case of property which, under ,the ' provisions of any law for the time being in force is under the charge of, or is managed, by the Court of .Wards or the Revenue Authorities on bel~alf of a private individual any arrear of rent, or of any demand which is -recoverable as rent whethe1 such arrear . .

became due befors or after the management devolved upon such Court or such authorities :

Provided that this cIause shall not apply to any arrears of rent at an enhanced rate unless such enhanced rate has been agreed t o by the person liable to pay the same or has been codrmed by a campetent court..

(viii) Any money awarded as fees or costs by a Revenue Authority under any law or any rule having the force of law.

( ix) Any money which is recoverable under ,any , law, custom or usage for the time being in force as an arrear of revenue or land revenue or by the process authorised for the recovery of arrears of land revenue or of 'the public revenue or of Government revenue.

(x ) Any money which is declared by any enactment or required by any custom or usage for the time being -in force- . (a) to be a demand or a public demand ; '

(b) to. be recoverable as arrears of a demand or public demand, or as a demand or public demand.

(xi) Any money payabIe'to a Government OfJicer or any Local Authority, in respect of which the person Liable to pay the same has agreed, by a written instrument that it shall be recoverable as a public demand (x i i ) In the case of a person to whom the collection of tolls has been framed out under. section 8 of the Canals Act, 1864 or of the sureties of such persons- B,,,, A* any money due in respect of such farm. ' s or 1864.

(xii i) Any money due from a burchaser on a sale held in the execution of a certificate under this Act, whether the sale is subsisting or not.

(xiv) In the case of property belonging to any 'jnititution referred to in section 52 of the Orissa:

Hindu Religious Endowments Act, 19 5 1 any arrear ,,,,. A, of rent whether such arrear became due before 01 2 01 1932.

after the control devolved upon the Government.

(xv) Any money due from a person- who is a surety for the payment of any sum recoverable in accordance with the provisions -of this Act.

Rules (See section 46) Sig11niur.e mid verificatioti of Requisitions for CertiJicates

1. (1) Every requisition made under section 4 signature shall be signed and ver&ed at the foot by the person and verifica- . .

l ion of making it, or by some other person on his behalfrcsuisitions who is proved to the satisfaction of the Certificate s.ar'i6ca' Officer to be acquainted with the facts of the case.

' (2) The verification shall state that the person signing the requisition has been satisfied by enquiry that the amount stated in the requisition 'is actually .

due.

(3) The verification sbaU be signed by the person making it, and shall state the date on which i t is signed.

Serovioe of Notices

2. Service of a notice -issued under section 6,voao 0' ncrvlce. or under any other ' provision of this Act, sball be n s d c by delivering or tendering a copy thereof, signed by the ,Certificate Officer or such ministerial officer as he authorises in this behalf, and sealed with the seal of the Certificate Officer.

3. Wherever it is practicable, service shall be ser~iw an arlificatc- made on. the certificate-debtor in person, unless dcblor or he has an agent empowered to acce t service, in agent.

which case service on such agent sha E be' suffident.

4. Where the certiiiccate-debt*r caMot bb found, z $ ~ o ;

and has no agent empowered to accept service of m-l of . .

. . the notice on his behalf , .service may be made Oncertfficak- , . , dcboter's - any adult male member of the family of the ~er t i - , ficate-debtor who is residing with him.

~xplnrration-A servqnt i s not a member of the ' family within the meaning of this rule.

' 5. Where the serving officef delivers, or tenders a copy of the notice €0 the certificate-debtor per- scmd to sign sonally, or to an agent or other person on his beblf acknowltdg- 9 meat.

604 THE ORISSA PUBLIC DEMANDS RECOVERY ACT, 1962 ' [ Or. Act 1 (Sch. -corzfd) he shall require the signature of the person to whom the copy is ,so delivered or tendered t o an acknow- , .

ledgment. of service endorsed on the original notice.

, P K O C C ~ U ~ : ,6. Where the certificate-debtor or his agent,.

ccrti6- or such other person aforesaid, refuses , to-sign the cate-dc b tor rcruses to acknowledgment, or where the sewing officer, after Pcccptscrvicc or cannot b~ using a11 due and reasonable diligence, cannot find found. the certificate-debior. and there is no anent. emvowered t o accept service of the , notice on his b&alf,.

nor any .other person on whom service can be made, the serving ,offi% shall -

(a) affix a copy of the notice on the outer door or some other conspicuous part of the house in which the certificate-debtor ordinarily resides or. carries on business or personally works for gain ; or

(b) if there be land affected by the notice, affix a copy of the potice ' on some conspicuous place in the' office of the Certificate Officer . and also on some conspicuous part of the land, and shall then return the original to the ,. Certificate .

Officer by whom it was issued, with a report epdarsed thereon or anne5ed ffiereto stating that he has so affixed the copy, the circumstances ,.under which he did so, and the name and address of the person, if any, by'whom the house or land was identified and in whose presence the copy was affixed.

~nao&.nt 7. he setving officer shall, in all cases ih ivhich. .

of time and rnaqn$ of the notice has been served under rule .5, endorse .

*n?cc- or annex, or cause to be endorsed or annexed, an. or .

to the nal notice, a return stating the time when , and the manner iniwhich the notice was served, and * .

the name and address of the person, .if any, - identi- . . .. . , . . .

fying the person served and witnessing the delivery or tender of the notice. , .

Examination oz serving 8.' Where a noticy ' is returned under. iule 6 , the ' f f i Certificate. Ofticer shall, if the return- under that .rule has not been verified' by the affidavit of the serving officer, and may, if it has been so verified, examine the serving officer on oath, or'cause, him ' ' to be so examined by aqother Certiiicate ,Officer.# of. 1963 1 TEiE ORISSA PUBLIC D E ~ N DS RECOVERY ACT, 1962 605 or, subject to any general order .of the Collector, by an Assistant Collector, Deputy Collector or Sub- Deputy Cdlccror, touching his proceedings and may make such further inquiry i n the matter as he thinks fit ; and shall either declare that the notice has been duly scived or order such service as he thinks fit.

9. Notwithstanding anything herein b e f o r e sorvi, ay contained, the notice may, if the Certificate Officer post.

SO directs, be , served by post.

10. (1) Every petition filed under section 8 shall~irnn~urt . be signed and verified at the foot by the certificate- and vsrificat ion of petidebtor or by some other person on his behalf whorion dtnVioa is proved t o the satisfaction of the Certificate Oficer liabi'ity.

to be acquainted with-the facts of the case.

. (2) Thc verification shall be signed by the person making it, and shall state, the date on which it is . signed. .

: 11. (1) The 'Certifica~z Oficer may, subject to Transfer of any generat or. special order of the Collwtor, transfer 'UCh petition5 to any Assistant CoIlector or Deputy Collector ' ' subordinate to ':he :Collector a n y petitibn filed - under section 8 ; and. such - Assistant Collector or Deputy Collector .shall hear and determine such , perition 'acco rdiogly :

provided that the Collector may retransfer . . any petition so transferred, and oider that jt be heard and determined by. the Certificate Officer.

. . . (2) The o f section 9 shall be applicable to any Assjs tant Collector or Deputy Collec- , tor to whoni any such petition has bekn transferred under sub-ru le (1).

12. Where a copy of the certificate is sent for execution to the Collectpr of another dis~rict under Excculion in anorher sub-section (I) of sectj on 12 the certificate ma)* be arstrirt.

,executed by him or ' may be transferred by hlm to any Certificate -Officer in his district.

606 THE ORISM P U B ~ C DEMANDS -RECOVERY ACT; 1962 [O r , ' ~ r t 1 IS ell. :or z td.)

AtUlchmcnt OF movnble i3. Where the . p~opcr ty to be attached is movable property. property other than sgr icultural produce, - in . the other than agriculrural possession of the certi ficate-deb tor, the attachment .

product in shall be made by actual seizi11.e. The attaching officer posstssion of ctrtificatc- may .keep the property in his own custody or in the debtor. custody of one of his subordinates, or may make it over to any Chaukidac or respectable resident of the village, wiIling to be responsible for its safe keeping who shall give a receipt therefor. If no such person can be found to take custody of the property the.

attaching officer shall bring it to the Court at once at the certificate-holder's expense. In the event of the certificate-holder . failing to provide the Ilecessary funds the property may be releasea :

Provided that when the properly seized is subject to speedy and natural decay or when the expense of keeping it in custody I s likely to excecd its value, the attaching officer may sell it at once , :

Provided further that in . the case of Jivestock the same may be kept in the custody of the certificate debtor, who shall give a receipt therefor and shall be subject- to the conditions Iaid down i n the rules, if any, made in this behalf by the Board of Revenue.

Attachment of a g i c ~ l -

14. .Where the. property to be attached is agriturn1 cultural produce, the attachment shall be made by produce. afExi11g a copy of the' warrant of attachment-

(a) where such produce is a growing crop on the land on 'which such crop has grown; or,

(b) where such produce has been cut or gatherd -on the threshing. floor or place of treading out grain or the likc, or fodderstock, on or in which it is deposited, and another- w p y on th? outer door or on some other conspicuous part of the House in whjch the cedificate-debtor ordinarily resides, or, with the leave of . .

the Certificate Officer 011 the outer door or on some othe~ conspicuous part of the house in which he carries on business or personally works for gain, or in which he is known to have last resided or carried on business or personalIy worked for gain;

. .

and the produce . shall thereupon be - deemed to have passed into the possession of the Certificate 0-fficer .

-15. (1) Where agricultural ,produce is attached ~ ~ ~ ~ ! ~ $ ~ the' Certificate Officer shall make such arrangements ["rot pladurc :for the custody thereof as he may deem sufficient, and, : ~ ~ ~ m c n r .

. . - when the produce is a growing crop, shall have regard to the time at which it is likely to be fit to be cut or gathered.

(2) Subject to such conditions as may be imposed .by the Certificate OEcer in this behalf either in the order of--attachment or in any subs+ quent order, the certificate-debtor may tend, cut, . .

- .gather and store the produce and do any other act necessary for maturing or preserving it; and, if the certificate- debtor fails to do all or any of such acts, the certificate-holder may, with the permission of the Certificate, Oficei and subject'to the Iike condi- . tions, do- all or any of them either by himself or by any - person appointed by him in this behalf, and the costs i n c m d by the certificate-holder shall be recoverable from the certificate-debtor as if they were included . in the-' certificate.

. .

(3) Agicdtural produce attached as a growing crop shall not be deemed to have eased- to be underattachment or to require re-attachment merely- bkausc it has been severed frbm the soil. .

(4) Where an order for -the attachment of a grow h g mop has been made at a considerable time before the crop is likely to be fit to -be cut or gathered, the Certificate Ofice? may suspend the execution ,of the.

. order for such time ds he .thinks fit and may, in his descretion, make a further order prohibiting ' the .. removal of the crop pending the execution of the order' of attachment. . - .

- (5) A growing crop which from its 'nature does .

not admit of being stored shall- not be attached under &is rule at av y time less than twenty days- before the . . time at which it i s Iikely to be fit to be cut or gathered.

608 THE ORISSA PUBLIC DEMANDS RECOVERY ACT, 1962 [Or. Act-I . .

Attachn~c~r~ 16. (I) -111 the . ciise -OF-- d debt, ~ h r c and ( (1) a debt [lot secured by a uegoGnble ~nstrument ; cthcr momblc property nor in ~ D S S O S ~ ~ O I I or (h) a share ,in-the capital- of a Corporation; or a ctrtificalcdcbtor.

(c ) other movablu property not in the posses- -siar~ OE the ~~ilificate-debtor, cxccpt property deposited in, or in the custody of, .

any Cqurt, the attachment shall be made by a written order prohibiting- ..

(i) in the case oT the dzbt-the creditor from recoveriug the debt and the debtor' from making ]>nyhient tl-lernnf until the further order of the Certificate Officer;

(ii) in the case of t h e share-the person in whose name the share may be standing from transferring the samc or receiving any divjdend thcreon ; , . (iii) i n the cass of other movable property ' (except as aforewid)-the person i n ,possession of tlz-e same-rrom giving it over to the .

cer tificate-debtor.

(2) A copy OF such order shall be affixed on some consprcuous part of the oflice of the Certificate Officer, and another copy shall be sent, in the case of the debt - to the debtor, in the case of the share to the proper officer- of tile-.Corporation and, in the case of the other .

movabie property (except as a,foresaid), to the person in possess is^^ of the same.

(3) A .debtorr prohibited under clause (i); of subrulc(l),mny pay the nlnorrnt ofhisdebt to the-Certi- * ticatc Oficcr. and sic11 payment shall discharge him ;IS effectually as pGylnent to the party entitled to receive , thc same.

Atfrchmcnt , 17. kher'e the property tb be attached coniists $ ~ , h ; ~ " ~ ~ ~ , " of tlir share or .interest of the certificate-debtor in property belonging to h i n ~ and another . as co-o\~ncrs. tlw nt t8chwnt shalt be made by. a notice ' to tJ lc C C I - t i f i c : prql~i biti~ig I ~ i m from transrerriilg the ~11:11'2 or I R I C I ~ S ~ or changing it in any way.

18. (1) Where the property' to be attache6 is Atrachrrwnt , .

. . . . - .

the salary or ailowances of a public oficer or af a or salary or , allo~~ances , servant of a Railway Company or Lcical Authority, or public - - f he Certificate- Officer, - whether . the certificate-debtor afflcar ir , servant oi or the disbursing officer is or is not within the local RaiIway ..

, .

l irnits of the Certificate Officer's jurisdiction, may 2:zyy order that the amount shall be withheld from such Authoriiy..

salary or allowances, .either in one payment or by . .

monthly instalments as the Certificate Officer may' direct; and, upon notice of the order to such officer ,as the State Government ' may, by notification, appoint, in this behalf theofficer or other person whose duty- it is t o disburse such -salary or . allowance's shall - withhold and' remit to the Certificate Oficir the amount due under the order, or-- the monthly instalments, as the case may be. .

(21 ,Where the attachdble proportion of such saIary or -allowances is a l~eady being withheld and remitted.

to a Certificate Officer or t o a Civil Court in pursu- . , ance of a previous and unsatisfied order of attachment, the oficer appointed by the State Government :

in this behalf shall forthwith return the subsduent order to the Certificate Officer issuing it, with' a full statement of all the particulars of the existing attachment.

- .

(3) ~ v e r ~ order made under this rule, unless it ir .

returned ir, accordance with the provisions of sub- . , rule (2), shall, 'without further not~ce or other process, bind 'the Government or the Railway Company or Local Authority, as the case may be; and .the Government' or the Railway Company or Local Authority, as the case may, be, shall .be liable for any sum paid in .

contravention of tGs rule.

19. Where thl; property is a negotiable instrument Allashmnf E ot dep~sited in a court nor in the coustfldy 'of a public orne~otiablr . . ..

oficer,the attachment shall be made bl* actual seizure ins'r"mentsand the instrument, shall be' brought before the Cectificite Officer and, held,subject to his order.

20. Where the property to be attached is in the A,,,,,, A,.

custody,. of any Court or public officer, the attaclunent or property in custody or sllall bc mads by a notice 30 suc l~ Court or ofice:, ,,,,, ,, requesting t h a such property, and any interest ~.ubliooEccr.

610 THE ORISSA PUBLIC DEMANDS RECO~ERY ACT, 1962 [Or. ACL 1 . . dividend bedoking payable thereon may be heId - subject to the further orders of the Certificate Offier by- whom the notice i-s issued:

- .

Provided that where -such- property is in +he custody of a court , any question of title or priority arising - ' between the certificate-holder and any other person not being the certificate-debtpr claiming. to be interested in such property by virtue of any assignment, attachment or ot heryise, shall be determined by- such court. - Attachmcnr or dccrco, 21. (1 ) Where the property to be attached is a decree. either for the payment of money or for sale in edorckment of a mortgage or charge, -the attachment : .

shall be-made by the .issue to the Civil Court of a notice requesting the Civil Courf to stay the execution of the decree unless and until-

(i) the Certificate -0fiicer calrcels the noti,=, ol - (ii) the certificate-holder or' the certificate-debtot applies to the Court ~cceiving such. notice .

. to -execute. the decree.

' .(2) Where the Civil Court receives an application under clause ( i i ) of sub-rule (1) it shall, on the application of the cer.tificat e-holder or the certificate -debfor, and' subject to the provisiolls of 'the Code of Civil Procedure, , 1908, proceed tb execute the 3 o r l m attached decree- and apply the net proceeds in satisfaction of. the certificate.

(3) The i=i:rtiEcate holder shdl be deemed to be the representative of the holder of the attached decree, and to be entitled to execute such attsched decree , . in any manner . i a w f ~ l for the holder tl~ereof.

, , ~ttachrnenf immova-

22.. Where the property is . i~wovable , no a th - ~ L C prqperty. chment need be made before sale.

. .

R C ~ O V ~ I o r . 23. Whereattacbmmt on satisfac- , tion,or can- (a) the amount due, with costs and all charges cella~iop of certificate. and expenses .resulting from the attachment of any property or incurred iA order.

' to a sale, are p& 10 the Certificate ODicer;

or ( b ) the certificate is cavelled, the a ttachrlnent shall be deemed to bc withdraiv~~, and, in the case of immovable property. the with- . . drawal shall, i f the certificate-debtor .so desires, be proclaimed at .his expense, and a co y of the pi-pclarnation shall be affixed % in t t= manner 'prescribed by sl-lb-rule (11, ' of rule 26.

Sale ge~terally , .

24. Any Certificate . Officer executing a ' certi - Cr ,* ficate may order that. any property liable to sale, or ordcrsale a i such portion thereof as niay seem necessary t o satisfy $;","I",* . the certificate, shall- be .sold.

25. (1) Where any iivmovable property, or Bny ,rac,am ahon, , movable property .exceeding twenty rupees in value, .is or salt by public , ordered ,to be sold by p,iblic aucti~m, the Certificate OEcer shall cause a procl:.irnation o l the intended sale to be made in the language of-the courts of the district. ,

(2)- Such proclamation shall be drawn up after ' . notice to the , certificate-debtor and shall state - the time and lace of sale, and shall specify, as fairly P and accurate y as possible-

(a) the property to be , sold;

(b) where the property to be sold is an interdt ' in a.n estate or in part of an estate paying .

revenue to the Government, the revenue assessed upon. the estate or part of the . estate;

. , (4 the amount for the recovery of which the , , sale i s .ordered; and

(ti) every other thing which the, Certificate' . . Officer considers it material for a urchaser to know in order to' judge o the nature and vaIue of the property.

(3) Where a tenure, or a raiyati holding at hxed ' B, & Acl rates situated in an area in, which Chapter XVI of the .z qf 191s. Otissa. Tenancy Ad, 19 13, is in force,. Is to be sold in 6 12 The ORIS.\ P u o m DLMAXDS RECQVERV ACT, 1 962 [Or. - A& I execution of. a certificate. for arrears of rcnt due in ,. respect thereof, the said proclanlation shall also state that the tenur'e or holding wiII first be put . , up to auction subject to .registered and notified encumbrances, and will he sold subject to those .

. encumbrances if'the! sum bid is suflicient to liquidate .

the amount specified in the certificate; and costs, and that otherwjsc it will, if the certificate-holder so desires, be sold on a subsequent day, of whicll due notice will be girjvbn, with power to annul all encumbrances.

. .

(4) Where an occup.ancy holding, situated .in an B. &O. ~ c t 2 area in whch Chapter XVZ of the Orissa Tenancy A C ~ , . , ~ 1913.

1913, j s i n force is to be sold in execution of a certificate for arrears of rent due in respect thereof, the said proclamation shall also state that the holding will be sold with power to annul all encumbrances.

( 5 ) ' Where the certificate-holder is a co-sharer . landlord and the certificate is for his share of the, rent only, the provisions of sub-rules (3) and (4) shall not ' apply.

(6) F o r th; purpose of ascertaining .the matters .

to be ' specified in the proclamatior , the Certificate Offickr may summon any person whom he thinks necessary to summon, and may examine him in respect to any such matters and require him-to produce any document in his possession or power relating thereto.

Mode of . makiag pro- 26. ( 1 ) Every oclamation for the sale of i-o- r clamation. vable property sha 1 be made at some place on or' near such .property by beat of drum or -other customary : .

mode, and a cdpy of ,the proclamation shall be afbed on a conspicuous part of the property ahd then upon a conspicuous part of the office of the Certificatb Officer. . A copy of the proclamation, shall also be sent by registered post t o :the certificate-debtor or, if there be more than one certificate-debtor, to such one or more of them as the Certificate Officer may select in this behalf. ,

(2) Where the Certificate Officer so directs, ,such proclamation shall also be published in the Gazette or in a ' local newspaper, or in both; aud the costs of such publication shall be deemed to bo costs' of the sale.

(3) If a tenure, a raiyati -holding at fixed rates or an occupancy holding situated in an area iri which B.&o.~ct2Chapter XVI of the Orissa Tenancy Act, 1913, is I 9 l 3 . in force, is to be sold in execution of a certificate for arrears of rent due in respect thereof, the proclamation shall also ,be published in the Malkachari or rent- office of the estate and at the local policestation.

(4) Where property is divided into lots for the purpose rjf being sold separateIp it shaII not be necessary to make a separate proclamation for each ,lot, unless proper notice of the sale cannot ; in the opinion of the Certificate Officer, otherwise be given.

27. Save in the case of property of the kind TIme orsalE described in the first pr~viso to rule 13, no sale hereunder shall, without the consent in writing of the certificate-debtor, take place until after the expiration of at least thirty days in the case of immovable property, or of at least fifteen days in the case of movable prop( -ty exceeding twenty rupees in value, calculated from date on wh~ch a copy of sale poclamation has been affixed jn a conspicuous part of the office of the Certificate Officer :

Provided.-that if a tenure, a raiyati holding at fixed rates or an cccupancy holding situated in an area in which Chapter XVI of the Orissa Tenancy 3ihar a ~ d Act. 1913, is in force, is to be sold in execution of a arissa ~ c t 2 cci:ifica:e for arrears of rent due in respect thereof, ~f '913- the sale shall not, withou'i the consent in writing of the certificate-debtor. take place until after. the expiration of 2.t \east tl~irt:: days caIculated from-

(a) the date on which a copy of the sale proclamation has been affixed in a conspicuous part of the office of the Certificate Officer ;

or ( h ) the date ou which the saIe procIamation has been pul~lished in the MaIkachari c r rent ofice cE the estate and at the local 9o:icc-station, rvhici~eve-r is later.

614 Tm ORISSA PUBLIC DEMANDS RECOVERY Ac~,1962 [Or. Act 1 (Sch. -cofzid.)

Adjournmaot 28. (I) The Certificate Officer may, in his dis- :',$'[Page cretion, adjourn any sale hereunder to a specified day and hour and the officer conducting any such sale may in his discretion adjourn the sale, recording &s reasons for such adjournment :

Provided that, where the sale is made in, or within the precincts of, the oflice of the Certificate Officer, no such adjournment sha1I be made without the leave of the Certificate Oficer.

(2) Where a sale is adjourned under sub-rule

(1) for a longer period than seven days, a fresh proclamation under rule 26 shaII be made, .unless the certificate-debtor consents to waive it.

(3) Every sale shall be stopped if, before the lot is knocked down, the debt and costs (including the costs of the sale) are tendered t o the officer conducting the sale, or proof is given to his satisfaction that the amount of such debt and. costs has been paid to the Certificate Oacer who ordered the sale.

Defaulting 29. Any deficiency of price which may happen purchaser aoswuable on a resale by reason of the purchaser's default, and for loss on a11 expellses attending such resale, shall be certified teaele. to the Certificate Oscer by the officer or other person holding the sale, and shall, at the instance of either the certificate-Izolder or the certificate-debtor, be recoverabIe from the d-e faulting purchaser under the procedure provided by this Act.

Restriction 30. (1) No officer or other person having any on bidding d ~ t y to psrforr-1 in collnection with any- sale shall, Or by purchase oficers. either dirzctl y o: indirectly, bid for, acquire or attempt to acquire any interest in the property sold.

(2) Nofhing jn scb-rule ( 1 ) shall be construed so as to prcclde the Statc G-overnment from purchasing any property at 2ny such sale though their officers other than those referred to in sub-rule (1) duly authorised in that behalf.

saleoragri- 31. (1) Where tlte property to be sold is agrjculruta 1 produce, cultural produce, iht: safe shall be held-

(a) if such produce is a growing crop-on or near the land on which such crop has grown, or

(b) if such produce has been cut or gatheredat o t near the threshing floor or place for treading out grain or the like, or fodder stock, on or in which it is deposited:

Provided that the Certihate Officer may direct the sale to be held at the nearest place of public resort if he is of opinion that the produce is thereby likely to sell to greater advantage.

(2) Where on the produce being put up for sale-

(a) a fair price, in the estimation of the person holding the sale is not offered for it ; and - (b) the owner of the produce, or a person authorised to act in his behalf applies to have the sale postponed till the next day or, if a market is held at the place of sale, the next market day ;

the sale shall be postponed accordingly , and s M be then completed, whatever price may be offered for the produce.

32. (1) Where the property to be sold is a growing SRE~.~!

provlrioar crop, and the crap from its nature admits of being ,,,,,in,, stored, but has not yet been stored, the day of the sale growing shall be so fixed as to admit of the croR being madecroPE' ready for storing before the arrival of such day, and the sale shall not be held until the crop has been cut or gathered and is ready for storing.

(2) When the crop from its nathre does not admit of being stored, it may be sold before it is cut and gathered ; and the purchaser shall be entitled to enter on the land, and to do all that is necessary for the purpose of tending and cutting or gathering the crop.

33. (1) Where movable property is sold by public &lo by action the price of each lot shall be paid at the time eubfic c u d of sale or as soon after as the officer or other person''on' holding the sale directs, and in default of payment the property shall forthwith be resold.

(Sch . - con ld.)

(2) Onpaymentofthe purchase-money, theofficer or other person - hoIding the sale shall grant a receipt for the same, and the sale shalI become absolute.

(3) Where the movabIe property to be sold is a share in goods be!onging - to the certificate-debtor and a co-owner, and two or more persons, of whom one is such co-owner respectively, bid the same sum for such property or for any lot, the bidding shall be deemed to be the bidding of the co-owner.

,b~ lu l?r j t~ not to v l l t a t

34. No irregularity in publishing or conducting but,mY the sde of movable property shall vitiate the sale ;

pert OD but any person sustaining substantial injury by reason injured mal SUO. of such irregularity at the hand of any other person may institute a suit in a ' Civil Court against him for compensation, or if such other person is the purchaser, for the recovery of the specific property and for compeqsation in default or'such recovery.

mlivary of 35. (1) Where the property sold is movable movabla property of which actual seizure has been made, it Prop"* shall be delivered to the purchaser. dabrs and sm s.

(2) Where the property sold is movable property in the possession of some person other than the certificate-debtor, the deIivery thereof to the purchaser shall be made by giving notice to the person in possession, prohibiting him from delivering possession of the property to any person except the purchaser.

(3) Where the properly sold is a debt not secured by a negotia bIe instrument or is a share in a Corporation the delivery thereof shall be made by a written order OF the Certificate Officer prohibiting the creditor from - receiving the debt or any interest thereon, and the deb,tor from making payment thereof t o any person except the purchaser, or prohibiting the person in whose name' the share may 'be, standing from making any -transfer of the share to any person except the purc.haser or receiving payment of any dividend or . . interest thereon, and the manager, secretary or other roper .officer of the Corporation from permitting any such tsansfek or making any such payment to any persoc except the purchaser.

36? ( 1 ) Where the execution of a docunlent, or Transfcrof , ncpotiablc t he endorserileut ol' the party in whosc n z l T J w i,s,,,,,,, negotiable instrument or a share in a Cori~L~ra tion is ~ l l d sh:ircstanding, is required to transfer such ilego tia:)li;

instru:ne;lt or sh:,rc, the CoIleztor, or suc i~ 'olrtccr as he may appoint i l l this be;::11F, n a y excc:~tr: SI:CIL document or make such endorsemelii as ;i;njl 3e - necessary ; a112 such exec;lt ;on or endoise:i~er:t si=.:! 1 have thc s 2 3 e eXcct :IS aa eyecution or endorsane~l:

by the party.

(2) Such executi.-r~ 0; e~ldorsement rnay bz in the foIiowing form, namdiy :.-- A 3, by 12 5, &!I;.ctor of the district in a proceeding r;ader tile Orissa Public Denlands Recovery Act, IF52 against A, B.

(3) Until the transfer of such n%otiable instrument or share, the Certificnte Officer may, by ordcr, appoint some person to receive any interest or dividend due thereon, and t o sign n rzceipt for the same ; and any receipt so signed sIzall be as valid and effectual ior all purposes as if the same has been signed by the party himself.

37. Tn the case of any movable property not vestingorder hereinbefore provided for, the Certificate Officer may 2E',&h make an order vesting such property in the purchaser ty.

or as he may direct ; and such property shall vest accordingly.

Snle oj' I~~u~iovable Plnoperty (r

38. (I) When a tenure or a hoIding at fixed rates, salt oftcnura situated in an area in w11ich Chapter XVI of the Qrissa or hoIding at fixed rates B. Act Tenancy Act, 1913, is in force, bas been adbertiseds~t,jecti~ 2 or 1913. under rule 25 for sale in executioo of a certificate for ; ~ s P ~ ~ ~ , d arrears of rent due in respect thereof; it shall be put incumbranuo to auction subject to registered and notifisd insum- CCsbrances ; and, if the bidding reaches a sum sufficient t o liquidate the amount of the certificate and the costs of the sale, the tenure or holding shall be sold subject to such .incumbrances.

618 Tm ORISSA PUBLIC DEMANDS RECOVERY Act, 1962 [Or.ActI

(2) The purchaser at such sale may, in manner provided by section 221 of the Orissa Tenancy Act, 19 13' and not otherwise, annul any incumbrance upon ;-$ yii;a the tenure or holding, not being a registered and notified incumbrance.

Sale o l tcnure or 39. (1) If the bidding for a tenure or a holding at holdins at hxed rates put up to auction un$er rule 38, does not fixed ra(q, reach a sum sufficient to liquidat1o-n the amount of the to avoid all certificate and costs as aforesaid. and if the certificateincumbranc=. holder thereupon desires that the tenure or holding be sold with power to avoid all incumbrances, the person holding the sale shall adjourn the s d e and make a fresh procIamation under ru le 25 x ~ o u n c i n g that the tenure or holding wiIl be put up to auction and sold $ith ower to avoid all incumbrances, on a future day speci E ed therein, not less than Hteen or more than thirty days from the date of the postponement;

and on that day the tenure or hoIding shall be put up to ' uction and sold with power to avoid all incumbr{ncnces.

1 (2) The purchaser at a sale under tbis rule may, in B. a 0. Ad 2 of 1913, manner provided by section 221 of the Orissa Tenancy Act, 1913, and not other wise, annul any i n c ~ b r a n c e on the tenure or holding.

sdo of 40. (1) When an occupancy holding situated in occupancy an ,area in which Chapter XVI of the Orissa Tenancy wilh Act, 191 3, is in force, has been advertised undef rule powcr to R & O A C a void all 25 for sale in execution of a certificate for arrears of rent or i ncumbran- 0e1, due in respect thereocit shall be put up to auction'andsold with power to avoid all incumbrances,

(2) The purchaser at a sale uncier this rule may in manner rovided by section221 of the Or i s saTenan~y , .~~ , 5 Act, 191 , and not otherwise, annul any incumbrances 2 or 1913 . 1 on the holding.

RUICS 38 to 41. Wheie the certscate holder , i s a co-shareJ 40 not.to landlord and the certificate is for his share of the rent apply In certain casos only, the provisions of rules 38, 39 and 40 shall not La ccrt:ficale holders who are co-sharer landlords.

Postpone-

42. (1) ' When an order for the sale of immovable or property has been made, if the certscate-debtor can toenable satisfy the Certificate Officer that there is reason to cerli6catedebtor to believe that the amount of the certificate may be raise amount raised by the mortgage or lease or private sale of such duc undcr Eertific.t.. property,or some part thereof, or of any otha immovable property of the certificate-debtor, the Certificate Officer may, on bis application, postpone the sale' of the property comprised in the order for sale, on such terms and for s.uch period as be thinks proper, to enable him to raise the amount.

(2) Tn such case the Certificate Officer sllall grant a certificate to thc certificate-debtor, aut horisjng him, with a period to be mentioned therein, and notwi thstanding anything contained in section 7 or section 19 to make the proposed mortgage, lease or sale :

Provided that all moneys payable undcr such mortgage, lease or sale shall be paid , not t o tile certificate-debtor, but to the Certificate Officer :

Provided also that no mortgage, lease or sale under this rule shall become absolute until it has been confirmed by the Certificate Oficer-.

43. (1) When a tenure 01. hoIding, situated in prohibiiioo an area in which Chapter XVI of the Orissa Tenancy of purchase of icnurc or B. a o. ~ c t Aci, 1913, is in force, is put up for sale in execution of a I~olding by

1913. certxcate for arrears of rent due in respect thereof ccrlificatc- ' dcb~or.

the cer tificate-debtor shall not bid for 01. purchase the tenure or Jlolding.

(2) If a certificate-debtor purchases, by hi~~isel f or through another person a tenure or holding so sold, the Certificate Officer may, if he thinks fit, on the application of the certificate-holder or any other person interested jn the sale by order, set aside the sale, and the costs of the application and order, and any deficiency of price which may happen on the resale, - and all expenses attending it, shall be paid by the certificate-debtor. . ..

44. On every sale of immovable property, the Deposit by purchaser person declared t o be the purchaser shall, pay, ,,, ,,,, immediately after such declaration, a deposit of twenty- in default.

five per cent on the amount of I ~ s purchase-money, to the officer or other person conducting the sale ;

and in deiadt of such deposit, the property shall forthwith be re'sold.

Timc lor payrnc~lt or 45: The full amount of yurcl~ase-moley p:~yable purchase- shall be paid by the purchaser t o thr: Cci-tificate in Oficer on or before the Mteentl-r. dly fro::-i tlzs sale full.

of the property.

~rcxcdure 116. Tn default of pagnlei~t within the neriod in of payment. dcraultm nlenfioncd in rule 45,t he deposit may, i f the Ccriifrcrrte Ofliccr thinks fit , aftcr del'raying thc expcnsss of the sale, be firfeiicd to tllc Government ?.r~! the property shall be rcsoId, and the def:!ultinz ;?urchaser shall forfeit all claim to the property or tc~ 2 . n ~ part of the sum for which it may subsequently bs saki.

~orification 47. Every resale of immovable property, i i ~ d ep~u l t on resale. of payment of the purchase-money within the period allowed for such payment, shall

The Odisha Public Demands Recovery Act, 1962

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