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The Public Demands Recovery Act, 1913 (Bengal Act)

( ACT NO. III OF 1913 )

Effect of rules in Schedule II
38. The rules in Schedule II shall have effect as if enacted in the body of this Act, until altered or annulled in accordance with the provisions of this part.
Power of Board of Revenue to make rules as to procedure
39. (1) The 1[Board of Land Administration] may, after previous publication 2[* * *] make rules regulating the procedure to be followed by persons making requisitions under section 5 and by Collectors and Certificate-officers acting under this Act; and may, be such rules, alter, add to or annul any of the rules in Schedule II.
(2) Such rules shall not be inconsistent with the provisions in the body of this Act, but, subject thereto, may, in particular, and without prejudice to the generality of the power conferred by sub-section (1), provide for all or any of the following matters, namely:–
(a) the signature and verification of requisitions made under section 5;
(b) the Certificate-officers to whom such requisitions should be addressed;
(c) the cases in which such requisitions shall not be chargeable with a fee;
(d) the service of notices issued under section 7, the service of other notices or processes issued under this Act, and the manner in which service may be proved;
(e) the signing and verification of petitions, under section 9, denying liability;
(f) the transfer of such petitions, to other officers for disposal;
(g) the scale of charges to be recovered under section 16, clause (c);
(h) the maintenance and custody, while under attachment, of live-stock and other movable property, the fees to be charged for such maintenance and custody, the sale of such live-stock and property, and the disposal of the proceeds of such sale;
(i) the registers, books and accounts to be kept by Certificate-officers, and the inspection thereof by the public;
(j) the fee to be charged for the inspection of the register of certificates maintained under rule 59 in Schedule II;
(k) the recovery of expenditure on the certificate establishment by the levy of costs under section 16, clause (b) and section 45;
(l) the recovery of poundage fees;
(m) the forms to be used under this Act.
Publication and effect of rules made under section 39
40.(1) Rules made and sanctioned under section 39 shall be published in the official Gazette, and shall, from the date of publication or from such other date as may be specified, have the same force and effect as if they had been contained in Schedule II.
(2) All references in this Act to the said Schedule II shall be construed as referring to that schedule as for the time being amended by such rules.

  • 1
    The words "Board of Land Administration" were substituted, for the word “Government” by the Schedule of the Laws (Amendment) Ordinance, 1982 (Ordinance No. XLI of 1982).
  • 2
    The words “and with the previous sanction of the Provincial Government” were omitted by the Schedule of the Bangladesh Laws (Repealing and Amending) Order, 1973 (President's Order No. 12 of 1973).
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Ministry of Law, Justice and Parliamentary Affairs