The Public Demands Recovery Act, 1913 (Bengal Act)

( ACT NO. III Of 1913 )

1 An Act to consolidate and amend the law relating to the recovery of public demands in Bangladesh.

 
WHEREAS it is expedient to consolidate and amend the law relating to the recovery of public demands in Bangladesh;
 
 
[* * *]
 
 
It is hereby enacted as follows:-
 
 
 

CONTENTS

SECTIONS

1. Short title, commencement and extent

2. [Repealed]

3. Definitions

4. Filing of certificate for public demand payable to Collector

5. Requisition for certificate in other cases

6. Filing of certificate on requisition

7. Service of notice and copy of certificate on certificate-debtor

8. Effect of service of notice of certificate

9. Filing of petition denying liability

10. Hearing and determining of such petition

10A. Special provisions relating to certificate for the recovery of certain dues.

11. Who may execute certificate

12. Transmission of certificate to another Certificate-officer for execution

13. When certificate may be executed

14. Modes of execution

15. [Omitted]

16. Interest, costs and charges recoverable

Attachment.

17. Attachment of property

18. Payment of moneys, contrary to attachment, to be void

19. Attachment of decree

Sale

20. Purchaser’s title

21. Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff

Setting aside sale.

22. Application to set aside sale of immovable property on deposit

23. Application to set aside sale of immovable property on ground of non-service of notice or irregularity

24. Application to set aside sale on ground that certificate-debtor had no saleable interest or that property did not exist

25. Sale when to become absolute or be set aside

Disposal of proceeds of execution.

26. Disposal of proceeds of execution

Resistance to purchaser after sale.

27. Application by purchaser resisted or obstructed in obtaining possession of immovable property

28. Procedure on such application

Arrest, Detention and Release.

29. Power to arrest and detention

30. Release from arrest and re-arrest

31. Detention in, and release from, prison

32. Release on ground of illness

33. Prohibition of arrest or detention of women and persons under disability

34. Suit in Civil Court to have certificate cancelled or modified

35. Grounds for cancellation or modification of certificate by Civil Court

36. Suit to recover possession of, or to set aside sale of, immovable property, where notice of certificate not served

37. General bar to jurisdiction of Civil Courts, save where fraud alleged

38. Effect of rules in Schedule II

39. Power of Board of Revenue to make rules as to procedure

40. Publication and effect of rules made under section 39

41. Persons under disability

42. Continuance of certificates

43. Procedure on death of certificate-debtor

44. Cancellation of certificates

45. Costs

46. Compensation

47. Entry into dwelling-house

48. Application of Act XVIII of 1850

49. Officer to have powers of Civil Court for certain purposes

50. Control over officers

51. Appeal

52. Bar to second appeals

53. Revision

54. Review

54A. Government may empower certain officers

55. Saving of other Acts

56. Application of the Limitation Act, 1908

57. Certificate-officer deemed to be a Court

58. Penalties

59. Signature of documents by ministerial officers

60. [Repealed]

61. [Repealed]

62. [Repealed]

63. [Repealed]

64. [Repealed]

Schedule

SCHEDULE