(1)
(2)
(3) This Act may be called the Sikkim Public Demands Recovery Act 2006.
It extends to the whole of Sikkim.
Itshall come into force at once.
Definitions. 2. In this Act, unless there is anything repugnant in the subject or context -
(a) "Certificate-debtor" means the person named as debtor in a Certificate filed under this Act and includes any person whose name is substituted or added as debtor by the Certificate Officer;
(b) "Certificate-holder" means the State Government or Corporation or Company owned or controlled by the State Government or any State Government Officer, Officer of the Corporation or any local authority 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; \J, .;.
.... ~..
(g) Power of 3. (1) Certificate Officer. -
(2) 5 of 1908
(a)
(b)
(c) 45 of 1860 Filing of Certificate 4. (1) for public demand.
(2)
(3)
(4) Service of Notice 5.
and copy of certificate on certificate debtor.
Effect of Service of 6.
Notice of Certificate.
(a)
(b)
(c) "Certificate Officer" means the Collector of the District and includes any other officer appointed by the State Government by notification, to perform the functions of a Certificate Officer under this Act;
(d) "Moveable property" includes growing crops;
(e) "Notification" means a notification published irrthe Official Gazettee;
(f)/ "Public Demand" means any money payable to or any liability (inclusive of interest) which is claimed as due from any person by the State Government or a Department or any Corporation or Compa.DYor the State Bank of Sikkim or any Local Authority; under any law 'for the time being in force or under a written agreement with the above authorities or institution or instrument or any Decree or Award of any Court or Authority competent to adjudicate the claims;
"The State Bank of Sikkim" means the State Bank of Sikkim incorporated under the State Bank of Sikkim Proclamation, 1968.
/' Every Certificate Officer shall be deemed to be a Civil Court for the purpose of sections 345,346, and 347 of the Code of Criminal Procedure,
1973.
Every Certificate Officer may for the purpose of enquiry into any dispute relating to the issue of certificate for money shall have same powers as conferred on the Civil Court under the Code of Civil Procedure, 1908 in respect ofenforcing attendance of any person and examining him on oath;
compelling and production of documents and material objects; and issuing commissions for purpose of examination of witness and every inquiry shall be deemed to be a judicial proceeding within the meaning of Section 193 and 228 of the Indian Penal Code, 1860.
,. When the Certificate Officer is satisfied on an application made to him or otherwise that any public demand is due, he may sign a certificate irl such form as may be prescribed, stating that the demand is due, and shall cause the certificate to be filed in his office.
Before signing the Certificate, a notice shall be issued to the person or persons from whom any money is due and if necessary hold an enquiry as it deems necessary.
The certificate issued under this Section shall be final and binding on the parties.
All proceeding under its section shall be completed within three months from the date of issue of notice to the opposite party.
When a certificate has been filed in the office of Certificate Officer under Section 4, he shall cause to be served upon the certificate- debtor, a notice in the prescribed form and a copy of the certificate stating that the demand is due and shall be paid forthwith.
On and from the date of service of notice under Section 5 upon a certificate debtorany private transfer or delivery of any of his immovable property by certificate-debtor within the State of Sikkim shall be void against any claim enforceable in execution of the certificate, and the amount due from time to time in respect of the certificate shall be a charge upon the immovable property of the certificate debtor, in preference to all other charge of liabilities created on that property.
2 Who may execute Certificate.
Transmission of , Certificate to another Certificate Officer for execution Power of attachment.
Mode of execution.
Interest, cost and charges recoverable.
7. A certificate filed under Section 4 may be executed by .-
(a) the Certificate Officer in whose office the original certificate is filed, or
(c) the Certificate Officer to whom a copy of the certificate issent for execution under sub-section (1) of Section 8.