(1) 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 Form No.4, signed and verified by him denying his liability, in whole or in part or explaining the circumstances to plead that he/she is not a wilful defaulter.
(2) The Certificate Officer while granting relief to the Certificate debtor on the ground that the certificate debtor is not a willful defaulter shall, in all cases apply his mind and take such evidence as may be necessary to ascertain the plea.
(3). No relief under this section shall be given if there is any doubt about the genuineness of the certificate debtor as a willful defaulter.
Hearing of the petition and Determination of liability
9. The Certificate Officer in whose Office the original certificate is filed shall heElrthe petition, take evidence if necessary, and determine whether the certificate debtor is liable for the whole or any part of the amount for which the certificate was signed or whether he is a willful defaulter and may set-aside or modify the certificate accordingly. Such certificate with or without modification after decision under this section shall be the final certificate.
Explanation: A person cannot be said to be willful defaulter if he fails to pay public demand for reasons beyond his control, that is, force majuere .
Tripura Gazette, Extraordinary Issue, August 24, 2001 A. D. 5
CHAPTER· III EXECUTION OF CERTIFICATE ~ may execute the 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 Certificate Officer for execution