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18/04/2024
The Public Demands Recovery Act, 1913 (Bengal Act)

The Public Demands Recovery Act, 1913 (Bengal Act)

( ACT NO. III OF 1913 )

Filing of certificate for public demand payable to Collector
4. When the Certificate-officer is satisfied that any public demand payable to the Collector is due, he may sign a certificate, in the prescribed form, stating that the demand is due, and shall cause the certificate to be filed in his office.
Requisition for certificate in other cases
5. (1) When any public demand payable to any person other than the Collector is due, such person may send to the Certificate-officer a written requisition in the prescribed form:
 
 
Provided that no action shall be taken under this Act, on a requisition made by a land mortgage bank registered or deemed to be registered under the Co-operative Societies Act, 1940, or an assignee of such bank, unless the requisition be countersigned by the Registrar of Co-operative Societies, Bangladesh.
 
 
(2) Every such requisition shall be signed and verified in the prescribed manner, and, except in such cases as may be prescribed, shall be chargeable with the fee of the amount which would be payable under the Court-fees Act, 1870, in respect of a plaint for the recovery of a sum of money equal to that stated in the requisition as being due.
Filing of certificate on requisition
6. On receipt of any such requisition, the Certificate-officer, if he is satisfied that the demand is recoverable and that recovery by suit is not barred by law, may sign a certificate, in the prescribed form, stating that the demand is due; and shall include in the certificate the fee (if any) paid under section 5, sub-section (2); and shall cause the certificate to be filed in his office.
Service of notice and copy of certificate on certificate-debtor
7. When a certificate has been filed in the office of a Certificate-officer, under section 4 or section 6, he shall cause to be serve upon the certificate-debtor, in the prescribed manner, a notice in the prescribed form and a copy of the certificate.
Effect of service of notice of certificate
8. From and after the service of notice of any certificate under section 7 upon a certificate-debtor,-
 
 
(a) any private transfer or delivery of any of his immovable property situated in the district in which the certificate is filed, or of any interest in any 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 a charge upon the immovable property of the certificate-debtor, wherever situated, to which every other charge created subsequently to the service of the said notice shall be postponed.
Filing of petition denying liability
9. (1) The certificate-debtor may, within thirty days from the service of the notice required by section 7, or, where the notice has not been duly served, then within 30 days from the execution of any process for enforcing the certificate, present to the Certificate-officer in whose office the certificate is filed, or to the Certificate-officer who is executing the certificate, a petition, in the prescribed form, signed and verified in the prescribed manner, denying his liability, in whole or in part.
 
 
(2) If any such petition is presented to a Certificate-officer other than the Certificate-officer in whose office the original certificate is filed, it shall be sent to the latter officer for disposal.
Hearing and determining of such petition
10. The Certificate-officer in whose office the original certificate is filed shall hear the 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; and may set aside, modify or vary the certificate accordingly:
 
 
Provided that, if the Certificate-officer is not the Collector, and considers that the petition involves a bona fide claim of right to property, he shall refer the petition to the Collector for orders; and the Collector, if he is satisfied that a bona fide claim of right of property is involved, shall make an order canceling the certificate.
Special provisions relating to certificate for the recovery of certain dues.
1[10A. (1) Notwithstanding anything contained in section 7, when a certificate has been filed in the Office of the Certificate-officer under section 4 or section 6 for the recovery of any dues under the 2[Bangladesh House Building Finance Corporation Order, 1973 or the Bangladesh Krishi Bank Order, 1973,] or the Co-operative Societies Act, 1940 or the 3[Customs Act, 1969] or for the recovery of any loan advanced by the 4[Government], 5[or for the recovery of any money referred to in Article 15 of Schedule I] the Certificate-officer shall, instead of causing a notice prescribed under section 7 to be served upon the certificate-debtor, cause a demand-notice to be served upon the certificate-debtor by registered post with acknowledgement due requiring the certificate-debtor to deposit with the Certificate-officer the amount of his debt within thirty days of the service of such notice.
 
 
(2) From and after the service of the demand-notice under sub-section (1) upon a certificate-debtor, the provisions of clauses (a) and (b) of section 8 shall apply.
 
 
(3) The provisions of section 9 or section 10 shall not apply in the case of a certificate for the recovery of any dues or loan specified in sub-section (1); and on the default of the certificate-debtor to deposit the amount of his debt as require by sub-section (1), the Certificate-officer shall proceed to execute the certificate in accordance with the provisions of the Act.]

  • 1
    Section 10A was inserted by the Bengal Public Demands Recovery (Amendment) Ordinance, 1961 (East Pakistan Ordinance No. XXXV of 1961.)
  • 2
    The words, commas and figures "Bangladesh House Building Finance Corporation Order, 1973 or the Bangladesh Krishi Bank Order, 1973," were substituted, for the words, commas and figures “House Building Finance Corporation Act, 1952 or the Agricultural Development Bank Ordinance, 1961,” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
  • 3
    The words, comma and figure "Customs Act, 1969" were substituted, for the words, comma and figure “Sea Customs Act, 1878” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
  • 4
    The word "Government" was substituted, for the words "Central or Provincial Government" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
  • 5
    The words and figures "or for the recovery of any money referred to in Article 15 of Schedule I" were inserted by section 2 of the Public Demands Recovery (Amendment) Ordinance, 1978 (Ordinance No. XXXV of 1978).
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Ministry of Law, Justice and Parliamentary Affairs