(1) Nothing in this Act shall debar the recovery of dues in respect ot financial assistance given to an agriculturist or the security of a charge or mortgage created by the agriculturist on any land or interest therein in favour of a corporation, bank or other institution where such dues are recoverable under the provisions of any other law for the time being in force.
(2) The provisions of this Act is not in derogation of any of the provisions of the TLR and LR Act, 1960 relating to recovery of land revenue and other money mentioned therein but may be enforced or resorted to in the alternative.
I Shortcomings of these Rules I
44. Any short coming in these Ruies shall be done away with the spirit of relevant provision in the TLR & LR Rules,1961 as amended from time to time.
I Tl'lntitory Provision I
45. All suits of the nature for recovery of money falling within the definition of public..
demand pending in any Civil Court immediately before coming into force of this Act shall abate so however that such abatement shall be without prejudice to the right of the State Government, Corporation, Government Company or bank, as the case may be, to recover such demand in accordance with the provisions of this Act or any other law for the time bei in force.
F••• charged on PDROs at the time of filing the petition
46. Every PORO shan be liable to pay to the Certificate Officer five percent of the _ amount in default being the process fee at the time of filing the requisition provided that such fee shall be refunded after deducting the actual costs, if a~y, in case a certificate is not issued.
Explanation:
The PORO shall pay the prescribed fee' to the Certificate Officer in cash which will be paid into the treasury by the Certificate Officer as Revenue Deposit. Any refund of the amount deposited into the treasury shall be made to the PORO in the same manner as ordinary revenue deposit as prescribed in the TLR & LR Rules,1961.
By order of the Governor, Debashish Sircar Commissioner-cum-Secretary to the Government of Tripura Tripura Gazette, Extraordinary Issue, August 24, 2001 A. D. 21 Form·1 See Rul. -4(1) " To The (Certificate Officer) Sir, This is to bring to your kind notice that a sum of Rs.,., ..... " .. ,.. ""Rupees", ", ,.. " ... , '" '" '" '" " .. " ."." '" " .. " ."".". '" ",,) only is due to the." '" '" '" '" '" '" '" '" '" ".,,' '" ".".".,,"" ".""" ..(name of Department IOrganisation !Bank ICorporation etc.) as on """".""""."",, ..on account of financial assistance availed of by SriJ Smti,:. """ ", """ ", '" ," "'~" '" '" ". '" ",."'".,, '" '" ". " .. " ",," ". " .. " " .. " ". ". """ ,,' ". ". ".
for the purpose of ,""."'" .. ",,.,,"" '" ,,'"'''''''''' "'".,,"" """",,,,,,,,,.,,,,,,,,,,(name of the scheme) Details are given below:
1.Name of ~ defaulter loanee ... ",., .... ,... ,",.".,",., """""""""
2.S/O,D/O,W/O:". " .. "." ". ". '" ". ". '" " .. "." '" '" ,,:,,'''' "'-;-" '" '" "" 3, Address :·Vi" :.""""",,,,,,,.,,,,,,,,,,,,,,,,,,,.,,,,,,,,.,,,,,,,,,.,,,,,,.,,.
P,O, :,,' '" " .. " ", '" '" '" ". '" ". ,,:,,' '" " .. " ",." ",." '" '" '" ". ". ". " ..
P,S:",,,.,,.,,.,,.,,,.,,,:,,,,,,,,,.,, .. ,,,,,,, .. ,,,,.,,.,,,,,,,, .. ,,,, .. ,,,,''''".,,' District:".", ".,,' '" ". "'''' '" ". '" ", '" ," '" '" '" '" ," ,,, ." ,,' "."." .. ".
4. Amount due - Principal Rs"."""""" " .. ,,""" ". ",," """""" ..
Interest Rs." ... " .. " '" " .. ,,'" '''''' ,,,.,, " .. " " .. ".
Total Rs." ",." '" '" '" ".,,"" ,,,.,, ". ". """ '" (Rupees." ",."."."." '" '" '" '" ".,,, '" '" '" '" ".". '" ". "."."." .. ".) only
5. Description of mClveableI immovable property , ~ , It is therefore, prayed that action may kindly be taken under section 5 of the Tripura PubUcDemand Recovery Act, 2000 for realization of the dues.
Yours faithfully, Signed & verified by Public Demand Recovery Officer, (seal) 22 Tripura Gazette, Extraordinary Issue, August 24, 2001 A. D.
Form No.1 (8) I, ShrilSmti PORO in respect of .
(Deptt. Organisation I Bank etc) do hereby confirm, verify and certify that the particulars in Form No. 1 are correct.
I also confirm that the defaulter loanee is a willful defaulter for the reasons stated as under ;
1.----
2.
3.
4.
5.
6.------------- Yours faithfully, (Public Demand Recovery Officer).
Note :- In order to substantiate that the defaulter is a willful, defaulter, all supporting documents shall be furnished by the PORO.
Tripura Gazette, Extraordinary Issue, August 24,2001 A. D. 23 Form·2 In the Court of the Certificate Officer·------ Uurisdiction) .
WhereasShriISmti--~--- a PDRO in respectof -----------------DepttlBankllnstitute/Corporation etc. hasfiled a writtenrequisitionin FormNo.1 and 1(a) underthe PDRRules2001,wherebythe following debtorhasbeenclaimedto be a willfuldefaulter- ...ShriISmt. .
... S/O,W/O,D/O Shril Late .
of Vill , PO PS .
................................. Distict for the default in repayingan amountof Rs.---(Principal) plus--------- - (interest) =Total=-----(Rupees----- -------------) only.
Whereas, from the documentsfurnishedby the PDRO,the undersignedis satisfied/not satisfiedthat the loaneeis a willfuldefaulter.
Now therefore, on being satisfied/not satisfied that the amount is recoverable/not recoverablethe undersigneddo herebyrefuseto sign/signthf' certificateto the effect that the demand is due/notdue from SmtiJShri---------------- --------- , CertificateDebtor/nota willfuldefaulterandfile/donot file thiscertificatein this Office.
Registered& file vide No.
Dated .
CertificateOfficer 24 TripuraGazette,ExtraordinaryIssue,August 24, 2001 A. D.
Form·3 ( See Rule-6) In the Courtof CertificateOfficer,------ To-------------------------------------- S/O,w/O,D/O------------- ofvillage-e-------P.O.-------- p.s. District:---------------- You are herebyrequiredto take noticethat a sumof Rs.---------{Rupees- ----------)only is due from you on account of financial assistance availed by you from .
(name of DepartmentlOrganisation/BanklCorporation)as per details given below and that unlessit is paidwithin--------- days from the receipt of this notice further proceedingsfor the recovery of the dues shall be drawnagainstyou accordingto law:-
1. Financial assistance given by .
'11. Interest upto .
III. Total amountdue as on IV. Descriptionof movablepropertylimmovableproperty.--- for Rs " .
Rs.---- Rs.---- A copyof certificateis also annexedherewith.
Dated 12000.
CertificateOfficer.
(seal) Serveduponthe certificatedebtoron --------- By ----at- hours.
(nameof messenger) Receiveda copy of the abovenotice.
Name & signatureof the CertificateDebtor.
TripuraGazette,ExtraordinaryIssue,August 24,2001 A.D. 25 Form-4 (See Rule-8) To Th&----------------------------------------- (CertificateOfficer) Sir, I ShrilSmti---------------- S/O,W/O,D/Ol-------of village/Town------- P.O. P.S..--------- District herebydeny/agreethatthedemandraisedby- (nameof 8ank/Oeptt.l Corporationetc.againstmeiscorrect.
Ihowever,solemnlystatethatIamnotawillfuldefaulteronthe follOwinggrounds
(a) Iundertaketo repaytheloanreceivedbymeforanamountof Rs.-- in the manner as stated below or,
(i) Asyoudeemfit ;
or,
(ii) In installment@ Rs.------per month.
Signed& Verifiedbythe CertificateDebtor 26 TripuraGazette,ExtraordinaryIssue,August24,2001 A.D.
Form-ti.
Noticeunderproviso to section 14(1) of the Tripura Public Demand RecoveryAct,
2000.
You are herebyrequiredto take noticethat a sumof Rs.---- In the Courtof the CertificateOfficer, To Sri-----------------Sl0 ,W/O,D/OI-- of village/Town---------------- P.O.------P.S.-----District:------ ---(Rupees ) only beingthe Principal of Rs. and interestof Rs. is due from you on accountof financialassistancegiven to you by ------------ ---------- DepttlBanklCorporation/organizationand unless it is paid within days from the date of receipt of this notice,furtherproceedingfor the recoveryof the dues shall be taken againstyou according to law.
CertificateOfficer.
Tripura Gazette, Extraordinary Issue, August 24, 2001 A. D. 27 Form-6.
( See Rule 14 (1) Proclamation of 8ale of immovable propertY.
Whereesimmovablepropertyas specifiedbelow has been attached for recoveryof Rs. (Rupees ) only on account of financial assistance received from----- BanklCorporationlDepttiOrganisationby Shril------------- -S/OW/O,DIO P.O.---- -P.S.----- District ., proclamationis herebymadethat, unlessthe amountdue be paid to the ----- beforethe day hereinfixed for the sale, the said propertyshall be sold by publicauctionat on the day of 20-- --at or about-----O'Clock.
Descriptionof immovableproperty.
Dated 12000.
CertificateOfficer.
28 TripuraGazette, ExtraordinaryIssue,August 24,2001 A. D.
Fonn- I, Warrant of distraint of movable property.
To (nameand Officeof the personchargedwithexecutionof warrant) WhereasShrilSmt.
S/O, W/O.of,DIO. residence of village-------Tahsil--------------Thana------ Circle--------- Sub-Division has made default in payment of Rs.---------on accountof financialassistancereceivedfrom--·---- -------------bank as per detailsgiven below, you are ordered to attach the movable property of the said and unless the total amount due is paid to the ----------------------------Ban k ICorporationlDepttIOrganizationto holdthe sameuntil furthercrders.
You are further orderedthat if the property distrained be subject to speedyor naturaldecay; or if tile expenseof keepingit in custocy is likely to exceed its value, you may sell it at once by public auctionand deposit the proceeds accordinglyto law.
You are orderedto returnthis warranton or before the day of 20 ..... ,with the endorsementcertifying the date and the manner in which it has been executedor why it has not beenexecuted:-
1. Descriptionof the movablepropertyCharged.
2.
3.
4.
FinancialAssistancegiven Interest Total amountdue Rs .
Rs .
Rs .
Dated----/20 ...
CertificateOfficer.
Seal FormoS.
Proclamation of sale of moyable property.
Whereas movable property specified below has been attached for the recoveryof Rs. on accountof financialassistancereceivedfrom - ----------BanklDeptt./Corporation etc. By ShriISmti------- S/O,W/O,D/O--,.~----of vilJagefTown------ P.O.---· -----P.S.--- District----- proclamation is hereby rr,ade that, unless the amount due be paid to .................................................................................................. ( the BankiDepttiCorporation)beforethe day hereinfixed for the sale, the said propertyshall be sold by publicauctionat on the day of -- --- 20.... at or about O'Clock.
Descriptionof movableproperty Numberof articles Dated-- /2000 CertificateOfficer.
30 TripuraGazette, ExtraordinaryIssue,August24,2001 A. D.
FORM NO.9.
Prohibitory order: Attachment of immovable property.
Whereas ShriISmt. -------son of --- Caste resident of Village---- ---P.o.
P.S. District:--- default in payment of Rs.
assistanceavailed by him as below:
------has made -- on account of financial it is ordered that the said be and is hereby prohibited and restrained until further order of this Office, from transferring or charging the property specified in the following schedule by sale, gift or otherwise and all persons be and hereby in like manner prohibited from receiving the same by purchase, gift or otherwise.
Issued under my hand and seal of this OfficfLthis ---------------- day of----2000.- . ,.
Certificate Officer, Schedule Village & TK khatian No. plot No. Area Description Amount Tripura Gazette, Extraordinary Issue, August 24, 2001 A. D. 31 FORM·10.
(SeeRule24) Certificate of purchase.
Inthecourtof the --------------------<case No.---- Thisis to certifythat S/O,W/O,D/O-- ---------------of village/Town.------ P.O. P.S District has been declaredthe purchaserof the immovablepropertyspecifiedbelowof a sale by public auctionheldon !he day of and that the sale has beenduly confirmedbythecertificateOfficeronthe dayof 20....
Thesaletransferredtheright,titleandinterestof ----- -----S/O,W/O.D/O in the said propertyto the purchaser.
Details of property Description Location Placeof AssessmentNameof recorded Amountfor Owner/Occupant whichpurchased 1 2 3 4 5 Dated----,/2000 CertificateOfficer.
Seal.
32 TripuraGazette,ExtraordinaryIssue,August24,2001 A.D.
FORM· 11 (SeeRule29(1} IntheCourtof-------'------ CaseNo.------------- Partiesi-------------- S/O.w/O,D/O~--- ----viliageITown-----P.O.------P.S---- To-------- District------ Whereas has instituted'a case againstyou for defaultingin repaymentof loanforanamountof Rs. (PrincipalRs.- --plus interest Rs. ) which you availed from •••••••••••••••••••••••••••••••••••••••••••••••• ou •••••••••••••••••••• .for the purposeof ----- .--------- you are summonedto appearin this court in personorbya pleadertoshowcausewhyyoushouldnotbecommittedtocivilprison.
Takenoticethat in defaultof yourappearanceon the day beforementioned,the casewiUbeheardanddeterminedinyourabsence.
Given under my hand and seal of the court, this day of ........................ ,20 .....
CertificateOfficer.
Seal.
Tripura Gazette, Extraordinary Issue, August 24, 2001 A. D. 33 FORM· 12 To t.
S/O,W/O,D/O ......................................................•...................... of village/Town P.O P.S. District,--- ---has notobeyedthesummonsissuedbythiscourtforappearanceon-- ---- forwhichsummonswasdulyservedonhim,youareherebygivendirectionto arrestthesaid and to producehimbeforethiscourt byor before ,20 .
Dated 12000 CertificateOfficer Seal.
If thesaid------pays theamountof Rs.---- ,---·-----------as due underthe certificate andthecostof theOfficerarrestingthesaid------------- -the arrestingOfficershallreleasehimforthwith.
Dated---- ,20.....
CertificateOfficer.
Seal 34 Tripur-a Gazette, Extraordinary Issue, August 24, 2001 A. D. /
SCHEDULE-I Issu~ Notice of
1.An application for the issue of notices for a party or a witness shall ordinarily be made by the party concerned. A court may summons any person whose attendance it considers necessary for the purpose of any business before it.
2.(1) A party shall file with his application for issue of notices the requisite number of printed fOnTISof notices in duplicate duly and legibly written in bold characters. The party, its recognized agent or pleaders shali sign the forms at the bottom on the left hand comer.
(2) Eve!'Ynotices to a party shall be accompanied by a concise statement about the subject matter of the proceedings which as we" shall be signed by the party filling the summons, or by its recognized agent or pleader.
3.when any party nor his agent presents an application for summoning witnesses, the court shall pass an order directing the Nazir to receive payment on account of allowances to witnesses and it shall then return ttie applications to the party concerned.
The Nazir after receiving the amount shall certify the receipt thereof together with the number of deposit in the register maintained by him on the application and return it to the court. On receipt of the Nazir's report the court shall proceed forthwith to issue the witnesses and such money shall be tendered to the witnesses along with notices.
3.(1) A person summoned shall be bound to appear at the time and place mentioned in the notices in persons or, if the notices to allows, by his recognized agem or a legal practitioner.
Persons summoned bound to Appear and to state truth 2) Th~ person a~ending in obedience to the notices shall be bound to state that truth upon any matter respecting which he is ~xamined or makes statement and to produce such documents and other things relating to any such matter as the court may require.
Tripura Gazette, Extraordinary Issue, August 24, 2001 A. D. 35 I Personal service by rayat I _
4. A party or his agent, may be leave of the court effect the service or summons on his own witness by personal service, and in such case no process fee shall be charged.
I Servrce on summons on public servants
5.(1) A summons to a Government servant other than a member of the Armed Forces of the union or the employee of a local authority shall ordinarily be served through the head of the office in which he employed.
(2) Where the person to be summoned is an Officer of the Armed Forces of the union the Court shall send the summons direct to him and where such persons is a soldier, sailor or airman the summons shall be sent for service to his Commanding Officer .
. (3) Where the Court considers it necessary to issue a summon direct to a public servant other than a soldier, sailor or airman, it shall, simultaneously with the issue of the summons, send a notice to the head of the Office in which the person summoned is employed.
(4) In all these cases sufficient time shall always be given to admit or arrangement being made for the relief of the person summoned.
jService of summon~
6.A summons shall, if practicable, be served (a) personally on the person to whom it is addressed or failing him (b) on his recognized agent or (c) on any adult male member of his family usually residing with him.
(2~ If service cannot be effected as above, or if acceptance of service so made is refused, the summons may be served by pasting a copy thereof on the door of the usual or last known place of residence of the person to whom it is addreSsed or by publication in a newspaper.
Acknowledgement when summons pasted at person's door
7. When a summons be pasted on the door of a place of residence and acknowledgement of its having been so pasted shall be taken from two respectable neighbours.
36 TripuraGazette,ExtraordinaryIssue,August24,2001 A. D.
~ubstltuted Serviij
8. If the Court decides to effect service by publication in a newspaper it shall select the paper after considering which is or are the most likely to be brought to the notice of the person to be served. The name of the person addressed in the notice or summons shan be printed in bold leHers at the top the particulars of the case being given thereafter.
I Service when persons to be served are numerous
9. If the summons relates to a cases in whichJhaving/persons the same nterestere so numerous that personal service on a" of them is not reasonably practicable, it may, if the Court so directs, be served by delivery of a copy thereof to such of those persons as the court nominates in this behaH and by proclamation of the contents thereof for the information of other persons.
I 'Service by registered post o:J
10. A summons may, if the court so directs, served on the person named therein, either in addition to, or in substitution for, any other mode of service by post in a letter addressed to the person and registered under part "I of the India Post Office Act, 1866.
I Presumption of service by post
11.when a summons is so forwarded in a letter, and it is proved that the letter was proper1y addressed and duly posted and registereC, the Court may presume that the summons was served at the time when the letter would have been delivered in the ordinary course of post.
I Service of summons out of union of India
12. The provisions of the Code of Civil procedure, 1908 along with any rules or notifications issued by State Government as amended from time to time, for service of summons out of Uniorrot India or service of summons received from other countries, shall apply to the Courts of Certificate Officers in Tripura. r TripuraGazette,ExtraordinaryIssue,August24,2001 A. D. 37 I Mode of serving notice
13.Every notice under the Act may be served either by tendering or delivering a copy thereof, of sending such copy by post to the person on whom it is to served, or his authorized agent or, if service in the manner aforesaid cannot be made by affixing a copy thereof at his last known place of residence or at some place of public resort in the village in which the debt to which the notice relates is situated.
I Mode onssuing proclamation
14. Wl'lenever a proclamation is issued under the Act copies thereof shall be pasted in some conspicuous place of the Court house of the Officer issuing it , at the Office of the Certificate Officer in his jurisdiction within which the properties to which it refers is situated, and some place of public resort on or adjacent to the properties to which it refers, and, unless the Officer issuing it otherwise directs, the proclamation shall be further published by beat of drum in the village, in which the properties to which it refers is situated, or if such village is uninhabited, in the village from which the properties maintained.
I Notice of proclamation not void for error
15. No notice of proclamation shall be deemed void on account of any error in the name or designation or any person or in the description of any land referred to therein, unless such error has produced substantial injustice.
I Application for setting aside the sale
16.(1) An application for setting aside a sale under section 21 shall be made to the Certificate Officer giving therein the grounds on which such sale is sought to be set aside and documentary evidence, if any, in support thereof.
(2) Such an application shall be disposed of by the Certificate Officer after giving notice to the parties interested in the sale and after affording such parties an opportunity of being heard and producing evidence.
38 Tripura Gazette, Extraordinary Issue, August24, 20D1A. D.
17. For every animal committed to the custody Of the pound keeper ~ charge snail be levied as rent for the use of the pound for each fifteen days or part fhersof during which such custody continues, according tQ the scale prescribed under section 12 of the Cattle Treaspass Act of 1871. And the sums so levied shall be sent to the treasury for credit to the Municipality, Notified Area or the state of Tripura as the case may be, under whose jurisdiction the pound is, or made ever to the pound keeper.
18. The pound keeper shall take care of, feed and water, animals distrained and for committed as aforesaid until they are withdrawn from his custody as herein after provided and shall be entitled to be paid for their maintenance at such rates as may be, from time to time, prescribed under proper authority. .
19. The charges for the maintenance of live stock shall be paid, to the pound keeper by the distraining Officer for the first fifteen days at the time the animals are committed to his custody and thereafter for such further such period as the court may direct, at the commencement of such period, payments for such main amount so made in excess of the sums due for the number of days during which the animals may be in the custody of the pound keeper shall be refunded by him to the distraining Officer.
20. live stock distrained and committed as presaid shall not be released from custody of the pound keeper except on the written order of the Court concerned or of the distraining Officer or of the Officer appointeE! to conduct the sale. The person receiving the animals on their being so released, shall sign a receipt for them in the register.
Prined at the Tripura Gvverenment Press, Agarlala.