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03/02/2023
The Public Demands Recovery Act, 1913 (Bengal Act)

The Public Demands Recovery Act, 1913 (Bengal Act)

( ACT NO. III OF 1913 )

Who may execute certificate
11. A certificate filed under section 4 or section 6 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 section 12, sub-section (1).
Transmission of certificate to another Certificate-officer for execution
12. (1) A Certificate-officer in whose office a certificate is filed may send a copy thereof, for execution, to any other Certificate-officer.
 
 
(2) When a copy of a certificate is sent to any such officer, he shall cause it to be filed in his office, and thereupon the provisions of section 8 with respect to certificates filed in the office of a Certificate-officer shall apply as if such copy were an original certificate:
 
 
Provided that it shall not be necessary to serve a second notice and copy under section 7.
When certificate may be executed
13. No step in execution of a certificate shall be taken until the period of thirty days has elapsed since the date of the service of the notice required by section 7, or, when a petition has been duly filed under section 9, until such petition has been heard and determined:
 
 
Provided that, if the Certificate-officer in whose office a certificate is filed is satisfied that the certificate-debtor is likely to conceal, remove or dispose of the whole or any part of such of his movable property as would be liable to attachment in execution of a decree of a Civil Court, and that the realization of the amount of the certificate would in consequence be delayed or obstructed, he may at any time direct, for reasons to be recorded in writing, an attachment of the whole or any part of such movable property:
 
 
Provided further that if the certificate-debtor whose movable property has been so attached furnishes 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.
Modes of execution
14. 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, or
 
 
(b) by attachment of any decree, or
 
 
(c) by arresting the Certificate-debtor and detaining him in the civil prison, or
 
 
(d) by any two or all of the methods mentioned in clauses (a), (b) and (c).
 
 
Explanation to clause (d).-The Certificate-officer may, in his discretion, refuse execution at the same time against the person and property of the certificate-debtor.
[Omitted]
15. [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]
Interest, costs and charges recoverable
16. There shall be recoverable, in the proceedings in execution of every certificate filed under this Act-
 
 
(a) interest on the public demand to which the certificate relates, at the rate at which interest may, by law, be chargeable on the public demand on the date of the signing of the certificate or at the rate of six and a quarter per centum per annum, whichever is higher, from the date of the signing of the certificate up to the date of realization,
 
 
(b) such costs as are directed to be paid under section 45, and
 
 
(c) all charges incurred in respect of-
 
 
(i) the service of notice under section 7, and of warrants and other processes, and
 
 
(ii) all other proceedings taken for realizing the demand.

Attachment.

Attachment of property
17. Property liable to attachment and sale in execution of a decree of a Civil Court under section 60 of the Code of Civil Procedure, 1908 may be attached and sold in execution of a certificate under this Act.
Payment of moneys, contrary to attachment, to be void
18. Where an attachment has been made in execution of a certificate, any payment to the certificate-debtor of any debt, divident or other moneys, contrary to such attachment, shall be void as against all claims enforceable under the attachment.
Attachment of decree
19. (1) The attachment of a Civil Court decree for the payment of money or for sale in enforcement of a mortgage or charge shall be made by the issue to the Civil Court of a notice requesting the Civil Court to stay the execution of the decree unless and until-
 
 
(i) the Certificate-officer cancels the notice, or
 
 
(ii) the certificate-holder or the certificate-debtor applies to the Court receiving such notice to execute the decree.
 
 
(2) Where a Civil Court receives an application under clause (ii) of sub-section (1), it shall, on the application of the certificate-holder or the certificate-debtor, and subject to the provisions of the Code of Civil Procedure, 1908, proceed to execute the attached decree and apply the net proceeds in satisfaction of the certificate.
 
 
(3) The certificate-holder shall be deemed to be representative of the holder attached to the decree, and to be entitled to execute such attached decree in any manner lawful for the holder thereof.

Sale

Purchaser’s title
20. (1) Where property is sold in execution of a certificate, there shall vest in the purchaser merely the right, title and interest of the certificate-debtor at the time of the sale, even though the property itself be specified.
 
 
(2) Where immovable property is sold in execution of a certificate, and such sale has become absolute, the purchasers' right, title and interest shall be deemed, to have vested in him from the time when the property is sold, and not from the time when the sale becomes absolute.
 
 
(3) Notwithstanding anything contained in sub-section (1) or in any other law for the time being in force, where a tenure or holding is sold in execution of a certificate for arrears of rent due in respect thereof or for the recovery of any dues under the 1[* * *] Agricultural Income-tax Act, 1944, the tenure or holding shall, subject to the provisions of section 90 of the 2[* * *] State Acquisition and Tenancy Act, 1950, where that section is in force, pass to the purchaser with power to annual incumbrances:
 
 
Provided as follows-
 
 
(a) an imcumbrance created by a registered instrument, of which a copy has, not less than three months before the actual of the arrear, been served on the Government shall not be so annulled except in the case prescribed; and
 
 
(b) the power to annual shall be so exercisable only in the manner prescribed.
 
 
(4) Notwithstanding anything contained elsewhere in this Act, no sale of any tenure or holding in execution of a certificate for arrears of rent or for the recovery of any dues under the 3[* * *] Agricultural Income-tax Act, 1944, shall effect the title or interest of the House Building Finance Corporation established under the 4[Bangladesh House Building Finance Corporation Order, 1973] or the 5[Bangladesh Krishi Bank] established under the 6[Bangladesh Krishi Bank Order, 1973] or a co-operative society established under the 7[* * *] Co-operative Societies Act, 1940 in respect of a registered and notified incumbrance mentioned in clause (i) of the proviso to sub-section (3), unless a concise statement of the order of attachment and proclamation of sale has, in the prescribed manner and at the time of issue of such proclamation, been sent by the Certificate-officer by registered post to the House Building Finance Corporation or the 8[Bangladesh Krishi Bank], or the co-operative society, as the case may be.
 
 
(5) Where the certificate-holder is a co-sharer landlord and the certificate is for his share of the rent only, the provisions of sub-section (3) shall not apply.
Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff
21. (1) No suit shall be maintained, against any person claiming title under a purchase certified by the Certificate-officer in such manner as may be prescribed, on the ground that the purchase was made on behalf of the plaintiff or on behalf of some one through whom the plaintiff claims.
 
 
(2) Nothing in this section shall bar a suit to obtain a declaration that the name of any purchaser certified as aforesaid was inserted in the certificate fraudulently or without the consent of the real purchaser, or interfere with the right of a third person to proceed against the property, though ostensibly sold to the certified purchaser, on the ground that it is liable to satisfy a claim of such third person against the real owner.

Setting aside sale.

Application to set aside sale of immovable property on deposit
22. (1) Where immovable property has been sold in execution of a certificate, the certificate-debtor, or any person whose interests are affected by the sale, may, at any time within thirty days from the date of the sale, apply to the Certificate-officer to set aside the sale, on his depositing-
 
 
(a) for payment to the certificate-holder the amount specified in the proclamation of sale as that for the recovery of which the sale was ordered, with interest thereon at the rate of six and a quarter per centum per annum, calculated from the date of the proclamation of sale to the date when the deposit is made;
 
 
(b) for payment to the purchaser, as penalty a sum equal to five per cent. of the purchase-money, but not less than one Taka; and
 
 
(c) for payment to the collector (where the certificate is for a public demand payable to the Collector), such outstanding charges due to the Government under any law for the time being in force as the Collector certifies to be payable by the certificate-debtor.
 
 
(2) Where a person makes an application under section 23 for setting aside the sale of his immovable property he shall not, unless he withdraws that application, be entitled to make or prosecute an application under this section.
Application to set aside sale of immovable property on ground of non-service of notice or irregularity
23. (1) Where immovable property has been sold in execution of a certificate, the certificate-holder, the certificate-debtor, or any person whose interests are affected by the sale, may, at any time within sixty days from the date of the sale, apply to the Certificate-officer to set aside the sale on the ground that notice was not served under section 7 or on the ground of a material irregularity in the certificate proceedings or in publishing or conducting the sale:
 
 
Provided as follows:-
 
 
(a) no sale shall be set aside on any such ground unless the Certificate-officer is satisfied that the applicant has sustained substantial injury by reason of the non-service or irregularity; and
 
 
(b) an application made by a certificate-debtor under this section shall be disallowed unless the applicant either deposits the amount recoverable from him in execution of the certificate or satisfies the Certificate-officer that he is not liable to pay such amount.
 
 
(2) Notwithstanding anything contained in sub-section (1), the Certificate-officer may entertain an application made after the expiry of sixty days from the date of the sale if he is satisfied that there are reasonable grounds for so doing.
Application to set aside sale on ground that certificate-debtor had no saleable interest or that property did not exist
24. The purchaser at any sale of immovable property in execution of a certificate may, at any time within sixty days from the date of the sale, apply to the Certificate-officer to set aside the sale on the ground that the certificate-debtor had no saleable interest in the property sold, or that the property did not exist at the time of the sale.
Sale when to become absolute or be set aside
25. (1) Where no application is made under section 22, section 23 or section 24, or where such an application is made and disallowed, the Certificate-officer shall make an order confirming the sale, and thereupon the sale shall become absolute.
 
 
(2) Where such an application is made and allowed, and where, in the case of an application under section 22, the deposit required by that section made within thirty days from the date of the sale, the Certificate-officer shall make an order setting aside the sale:
 
 
Provided that no order shall be made unless notice of the application has been given to all persons affected thereby.

Disposal of proceeds of execution.

Disposal of proceeds of execution
26. (1) Whenever assets are realized, by sale or otherwise in execution of a certificate, they shall be disposed of in the following manner:-
 
 
(a) there shall first be paid to the certificate-holder the costs incurred by him;
 
 
(b) there shall, in the next place, be paid to the certificate-holder the amount due to him under the certificate in execution of which the assets were realized;
 
 
(c) if there remains a balance after these sums have been paid, there shall be paid to the certificate-holder therefrom any other amount recoverable under the procedure provided by this Act which the assets were realized; and
 
 
(d) the balance (if any) remaining after the payment of the amount (if any) referred to in clause (c) shall be paid to the certificate-debtor.
 
 
(2) If the certificate-debtor disputes any claim made by the certificate-holder to receive any amount referred to in clause (c), the Certificate-officer shall determine the dispute.

Resistance to purchaser after sale.

Application by purchaser resisted or obstructed in obtaining possession of immovable property
27. (1) If the purchaser of any immovable property sold in execution of a certificate is resisted or obstructed by any person in obtaining possession of the property, he may apply to the Certificate-officer.
 
 
(2) The Certificate-officer shall fix a day for investigating the matter, and shall summon the party against whom the application is made to appear and answer the same.
Procedure on such application
28. (1) If the Certificate-officer is satisfied that the resistance or obstruction was occasioned without any just cause by the certificate-debtor or by some person on his behalf, he shall direct that the applicant be put into possession of the property; and, if the applicant is still resisted or obstructed in obtaining possession, the Certificate-officer may also, at the instance of the applicant, order the certificate-debtor or such other person to be detained in the civil prison for a term which may extend to thirty days.
 
 
(2) If the Certificate-officer is satisfied that the resistance or obstruction was occasioned by any person (other than the certificate-debtor) claiming in good faith to be in possession of the property on his own account or on account of some person other than the certificate-debtor, the Certificate-officer shall make an order dismissing the application.

Arrest, Detention and Release.

Power to arrest and detention
29. (1) No order for the arrest and detention in civil prison of a certificate-debtor in execution of a certificate shall be made unless, after giving the certificate-debtor an opportunity of showing cause why he should not be committed to civil prison, the Certificate-officer, for reasons recorded in writing is satisfied,-
 
 
(a) that the certificate-debtor, with the object or effect of obstructing or delaying the execution of the certificate,-
 
 
(i) is likely to abscond or leave the local limits of the jurisdiction of the Certificate-officer, or
 
 
(ii) has, after the filing of the certificate in the office of Certificate-officer, dishonestly transferred, concealed, or removed any part of his property, or
 
 
(b) that the certificate-debtor has or has had since the date of the filing of the certificate, the means to pay the amount for which the certificate has been issued, or some substantial part of such amount and refuses or neglects or has refused or neglected to pay the same.
 
 
Explanation.− In the calculation of the means of the certificate-debtor for the purpose of his clause there shall be left out of account any property which, by or under any law or custom having the force of law for the time being in force is exempt from attachment in execution of the certificate.
 
 
(2) When a certificate-debtor appears before the Certificate-officer in obedience to a notice to show cause, the Certificate-officer shall proceed to hear the certificate-holder and take all such evidence as may be produced by him in support of his application for execution, and shall then give the certificate-debtor an opportunity of showing cause whey he should not be committed to the civil-prison.
 
 
(3) Pending the conclusion of the inquiry under sub-section (2) the Certificate-officer may, in his discretion, order the certificate-debtor to be detained in the custody of such officer as the Certificate-officer may think fit or release him on his furnishing security to the satisfaction of the Certificate-officer for his appearance when required.
 
 
(4) Upon the conclusion of the inquiry under sub-section (3), the Certificate-officer may subject to the provision of section 31 make an order for the detention of the certificate-debtor in the civil prison and shall in that event cause him to be arrested:
 
 
Provided that in order to give the certificate-debtor an opportunity of satisfying the certificate-debt, the Certificate-officer may before making the order of detention leave the certificate-debtor in the custody of the officer arresting him or of any other officer for a specified period not exceeding fifteen days or release him on his furnishing security to the satisfaction of the Certificate-officer for his appearance at the expiration of the specified period if the certificate-debt be not sooner satisfied.
Release from arrest and re-arrest
30. (1) The Collector may order the release of a certificate-debtor who has been arrested in execution of a certificate, upon being satisfied that he has disclosed the whole of his property and has placed it at the disposal of the Certificate-officer and that he has not committed any act of bad faith.
 
 
(2) If the Certificate-officer has ground for believing the disclosure made by a certificate-debtor under sub-section (1) to have been untrue, he may order the re-arrest of the certificate-debtor in execution of the certificate, but the period of his detention in the civil prison shall not in the aggregate exceed that authorized by section 31, sub-section (1).
Detention in, and release from, prison
31. (1) Every person detained in the civil prison in execution of a certificate may be so detained,–
 
 
(a) where the certificate is for a demand of an amount exceeding fifty Taka – for a period of six months, and
 
 
(b) in any other case – for a period of six weeks:
 
 
Provided that he shall be released from such detention–
 
 
(i) on the amount mentioned in the warrant for his detention being paid to the officer-in-charge of the civil prison, or
 
 
(ii) on the certificate being otherwise fully satisfied, or cancelled, or
 
 
(iii) on the request of the person (if any) on whose requisition the certificate was filed, or of the Collector, or
 
 
(iv) on the omission by the person (if any) on whose requisition the certificate was filed to pay the subsistence allowance fixed by the Certificate-officer:
 
 
Provided, also, that he shall not be released from such detention under clause (ii) or clause (iii) without the order of the Certificate-officer.
 
 
(2) A certificate-debtor released from detention under this section shall not, merely by reason of his release, be discharged from his debt; but he shall not be liable to be re-arrested under the certificate in execution of which he was detained in the civil prison.
Release on ground of illness
32. (1) At any time after a warrant for the arrest of a certificate-debtor has been issued, the Certificate-officer may cancel it on the ground of his serious illness.
 
 
(2) Where a certificate-debtor has been arrested, the Certificate-officer may release him if, in the opinion of the Certificate-officer, he is not in a fit state of health to be detained in the civil prison.
 
 
(3) Where a certificate-debtor has been committed to the civil prison, he may be released therefrom–
 
 
(a) by the Collector, on the ground of the existence of any infectious or contagious disease, or
 
 
(b) by the Certificate-officer, or the Collector, on the ground of his suffering from any serious illness.
 
 
(4) A certificate-debtor released under this section may be re-arrested, but the period of his detention in the civil prison shall not in the aggregate exceed that authorized by section 31, sub-section (1).
Prohibition of arrest or detention of women and persons under disability
33. Notwithstanding anything in this Act, the Certificate-officer shall not order the arrest or detention in the civil prison of–
 
 
(a) a woman, or
 
 
(b) any person who, in his opinion, is a minor or of unsound mind.

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Ministry of Law, Justice and Parliamentary Affairs