CourtMesh

Section 8

The Sikkim Public Demands Recovery Act,2006State Act of Sikkim · Act 14 of 2006

(1) A Certificate Officer in whose office a certificate is filed may send a copy thereof, for execution, to any other Certificate Officer.

(2) When a copy of certificate is sent to any such Officer, he shall cause it to be filed in his office and thereupon the provision of section 6 with respect to certificate filed in the office 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 5.

9. " If the Certificate Officer, in whose office a certificate is filed, is satisfied that the certificate-debtor is likely to conceal, remove or dispose of the whole or any part of such his movable property and that the realization of the amount of the certificate would in consequence be delayed or obstructed, he may at any time direct, for reasons to be recorded in writing, attachment of the whole or any part of such moveable property:

Provided that if the Certificate - debtor whose moveable property has been so attached, furnishes, security to the satisfaction of the Certificate Officer, such attachment shall be cancelled from the date on which such security is accepted by the Certificate Officer.

10. Subject to such conditions and limitations as may be prescribed, Certificate Officer may order execution of a Certificate -

(a) by attachment and sale, if necessary, of any property or, in the case of immovable property, by sale without previous attachment, or

(b) by attachment of any decree.

11. There shall be recoverable in the proceedings in execution of every certificate filed under this Act-

(a) \//Interest upon, the public demand to which the certificate relates, at the rate .> of twelve and a half per centum per annum from the date of signing of the certificate upon the date of realization,

(b) such costs as are directed to be paid by the Certificate Officer in his discretion as having been incurred for the service of notice under Section 5, and of warrants and other processes and all other proceedings taken for realizing the demand.

All property both moveable and immovable, belonging to certificate debtor, is liable to attachment and sale in exection of the Certificate.

The Certificate Officer may attach the property by passing an order, and se~!ng upon the certificate debtor or any adult member of his family or by affiXing, the order on the front door of his house or place of residence.

The movable property indicated in the order shall be taken into custody of the officer - in - charge of the nearest Police Station or out Post under the orders of the Certificate Officer.

(a) In the case of immovable property, the Certificate Officer shall publish the date and time of sale with the up-set price fixed in the Official Gazettee and on the date so fixed shall sell the immovable property by public auction.

(b) In the case of movable property, no such publication is required. The movable property maybe sold by public auction.

Property liable to 12. (1) attachment and sale in execution of a (2) Certificate.

(3)

(4) 3 Attachment of Decree.

Pure/laser's title, certificate of sale and delivery of possession.

Setting aside sale.

Person under 16.

disability.

Procedure on death 17.

of certificate-debtor.

Where this provision sits

ActThe Sikkim Public Demands Recovery Act,2006
Section8
JurisdictionState of Sikkim
StatusIn force as published by the source

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Sikkim Public Demands Recovery Act,2006 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.