(l) When there is any arrear of public demand the PDRO concerned may send to the Certificate Officer having local jurisdiction a written, requisition in such Form as may be prescribed.
(2) Every such requisition shall be signed and verified by the concerned PDRO in such manner as may be prescribed.
Filingof 5.
certificate on requisition.
Service of notice and copy of 6.
certificate to Certificate debtor.
Effect of the service of notice and the certificate.
Filing of petition denying liability Hearing and determining of such petition ,Who may execute certificate.
'.
5
7.
On receipt of any such requisition, the Certificate Officer, if satisfied that the demand is recoverable, may sign a certificate in such Form as may be prescribed stating that the demand is due from the defaulter (who shall be known the certificate debtor) and shall cause the certificate to be filed in his office.
When a certificate has been tiled in the office of a Certificate Officer he shall cause to be served upon the certificate debtor a notice in such Form as may be prescribed and a copy of the certificate.
From and after the service of notice of any certificate under Section 6 upon a certificate debtor-
(a) any private transferor delivery of any of his immovable property or of any interest in such property, shall be void against any claim enforceable in execution of the certificate; and
(b) the amount due from time to time in respect of the certificate shall be charged upon the immovable property of the certificate-debtor, wherever situated, to which every other charge created subsequent to the service of the said notice shall be postponed.
The certificate debtor may, within 30 days from the service of the notice required by Section 6, present to the Certificate Officer in whose office the original certificate is filed, a petition in such Form as may be prescribed, signed and verified by him denying his liability, in whole or in part or explaining the circumstances to plead that he is not a wilful defaulter.
The Certificate Officer in whose office the original certificate is filed shall hear the petition, take evidence if necessary, and determine whether the certificate debtoris liable for the whole or any part ofthe amount for which the certificate was signed or whether he is a wilful defaulter and may set-aside or modify and certificate accordingly. Such certificate with or without modification after decision under this section shall be the final c tificate.
Explanation: A person can not be said to be ilful defaulter it he fails to pay public demand for reasons beyond his control, that is, force majeure.
8.
9.
CHAPTER III EXECUTION OF CERTIFICATE
10. A final certificate may be executed by-
(a) the Certificate Officer in whose office the original certificate is filed; or
(b) the Certificate Officer to whom, a copy of the certificate is sent for execution under sub-section (1) of Section 11.
Transmission of certificate to another Certi ficate Officer for execution.
When certi ficate 12.
may be executed.
Modes of execution Notice of sale Sale by auction Prohibition to bid at auction.
6 II. (I) A Certificate Officer in whose office the original certificate is filed may send a copy thereof after it becomes a final certi ficate for execution to any other Certificate Officer.
When a copy of the final certificate is sent to any such officer he shall cause it be filedin his office and thereupon the provisions of Section 7 shall apply as if such copy was an original certificate:
Provided that it shall not be necessary to serve a second notice and copy under Section 6.
(I) A certificate shall be executed immediately after decision under Section 9 without any further notice to the certificate debtor.
(2) If the Certificate Officer is satisfied that the certificate debtor is likely to conceal, remove or dispose of the whole or any part of his movable properties as would be liable to attac!1l11ent in execution of a decree of a Civil Court.and.that.the realisation of the amount of the certificate in consequence be delayed or obstructed, he may at any time-after filing of the original certificate direct, for reasons to be recorded in writing, attachment of the whole or any part of such movable property:
Provided that if the certificate debtor whose movable property has been - so attached furn ish a 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.
13. Subject to such conditions and limitations as may be prescribed, a Certificate Officer may order execution of a certificate-
(a) by attachment and sale, or by sale without previous attachment, of any property of the certificate debtor; or
(b) by attachment of any decree or award passed by any Civil COUlt or, as the case may be, any Tribunal or other authority in favour of the certificate debtor; or
(c) by arresting the certificate debtor and detaining him in the civil prison;
or
(d) by any two or more of the methods mentioned in clauses (a), (b) & (c).
14. (I) Before effecting the sale of any land or other immovable property the Certificate Officer shall issue and publish such notices and proclamation in such Form, in such manner and containing such particulars, as may be prescribed.
(2) A copy of every notice and proclamation issued under sub-section (1) shall be served on the certificate debtor.
All sales of property, movable or immovable of the certificate debtor shall be by public auction held in such manner as may be prescribed.
16. No Officer having any duty to perform in connection with any such sale and no person employed by or subordinate to such officer shall, either directly or indirectly, bid for or acquire any such property except on behalf of the Government.
(2)
15.
Sale of perishable I 7.
articles.
The sales to be proportionate to 18.
the amount of public demand Deposit by purchaser of immovable property Failure to make deposit I Setting aside of sale.
Confirmation of sale. 22.
Refunds.
7 Perishable articles shall be sold by auction with the least possible delay and such sale shall be finally concluded by the officer conducting the sale.
Every sale of property, movable or immovable shall as far as may be practicable, be proportionate to the amount of the arrear of public demand to be recovered together with the interest thereon and the expenses of attachment and sale.
19. In all cases of sale of immovable property, the party who is declared to be the purchaser shall be required to deposit immediately 25% of the amount of h is bid, and the balance with in 15 days of the da. ' or sale.
(I) In default of the payment of the deposit refern ,In Section 19 the property shall be put up for re-sale and the expenses inc.. . I in connection with the first sale shall be borne by the defaulting bidder.
(2) In default of payment of the balance of the bid amount within --hp period prescribed in Section 19, the deposit after defraying therefrom tl., expenses of the sale shall be forfeited and the property shall be re-sold.
(3) When the proceeds of the re-sale are less than the arrear of public demand the difference shall be bridged, as far as practicable, by the balance amount of the deposit forfeited under sub-section (2). However, if there is no difference and the re-sold value is enough to meet the arrear of public demand or the difference is such it does not require entire for-feited amount then the forfeited deposit or part thereof, as the case may be, shall vest with the State Government.
21. When immovable property has been sold, the defaulter or any person owning such property or holding an interest therein, may, at any time, within 30 days of the date of sale or within such further period not exceeding 15 days as the Certificate Officer may for sufficient cause allow, apply in the prescribed manner to the Certificate Officer to have the sale set-as ide-
(a) On the ground that some material irregularity or mistake or fraud resulted in substantial loss or injury to him, and
(b) On his depositing to the Certificate Officer the amount of the arrear specified in the proclamation for sale, the cost of sale and for payment to the purchaser, a sum equal to 5% of the purchase money.
If on the expiration of 30 days from the date of sale of any immovable property or the further period, if any, allowed under Section 21, no application has been made for setting aside the sale, or if made has been rejected, the Certificate Officer shall make an order confirming the sale unless, for reasons to be recorded, the Certificate Officer sets aside the sale notwithstanding that no application or prayer has been made, (I) The Certificate Officer shall order refund and payment to the purchaser, of-
(a) the amount deposited by him under Section 19; and
(b) the sum equal to 5% of the purchase money deposited under Clause (b) of Section 21, if the sale is set-aside.
20.
23.
(2) The Certificate Officer shall order the refund and payment of all the moneys deposited under Clause (b) of Section 21 to the person who made the deposit if the sale is confirmed.
Certificate of 24. When a sale held under this Chapter is confirmed, the Certificate Officer purchase shall put the person declared to be the purchaser in prossession of the property and shall grant a certificate in the prescribed form to the effect that he has purchased the property specified therein and such certificate shall be deemed to be a valid transfer of such property.
25. The proceeds ofthe sale of any such property shall be applied to defray the expenses of the sale which shall be determined in the prescribed manner and the balance shall be applied to the payment of the arrears of public demand on account of which the sale was held and the surplus, if any, shall be paid to the person whose property has been sold.
Liabilityofcertified26. The person who has pruchased any such land and to whom a certificate of purchaser purchase has been granted shall not be liable for the land revenue in respect of that land for any period prior to the date of sale.
27. When a crop of any land or any portion of the same is sold, mortgaged or otherwise disposed of, the Certificate Officer may, ifhe thinks it necessary, prevent its being removed from the land until the demand for the current year in respect of the land is paid, whether· the date fixed for the payment of the same has arrived or not.