Persons under disability
41. Where the Certificate-officer is satisfied that the certificate-debtor is a minor or of unsound mind, he shall, in any proceeding under this Act, permit him to be represented by any suitable person.
Continuance of certificates
42. No certificate shall cease to be in force by reason of–
(a) the property to which the demand relates ceasing to be under the charge or management of the Court of Wards or the Revenue-authorities; or
(b) the death of the certificate-holder.
Procedure on death of certificate-debtor
43. Where a certificate-debtor dies before the certificate has been fully satisfied, the Certificate-officer may, after serving upon the legal representative of the deceased a notice in the prescribed form, proceed to execute the certificate against such legal representative; and the provisions of this Act shall apply as if such legal representative were the certificate-debtor and as if such notice were a notice under section 7:
Provided that where the certificate is executed against such legal representative, he shall be liable only to the extent of the property of the deceased which has come to his hands and has not been duly disposed of; and, for the purpose of ascertaining such liability, the Certificate-officer executing the certificate may, of his own motion or on the application of the certificate-holder, compel such legal representative to produce such accounts as the Certificate-officer thinks fit.
Cancellation of certificates
44. (1) The Certificate-officer shall cancel any certificate at the request of the certificate-holder.
(2) The Certificate-officer may cancel any certificate filed under section 6 if the certificate-holder is not reasonably diligent.
45. Subject to such limitation as may be prescribed, the award of and cost of and incidental to any proceeding under this Act shall be in the discretion of the officer presiding, and he shall have full power to direct by whom and to what extent such costs shall be paid.
46. If the Certificate-officer is satisfied that any requisition under section 5 was made without reasonable cause, he may award to the certificate-debtor such compensation as the Certificate-officer thinks fit;
and the amount so awarded shall be recoverable from the certificate-holder under the procedure provided by this Act for recovery of costs.
Entry into dwelling-house
47. (1) No person executing any warrant of arrest issued under this Act, or any process issued under this Act directing or authorizing the attachment of movable property, shall enter any dwelling-house after sunset or before sunrise.
(2) No outer door of a dwelling-house shall be broken open unless the dwelling-house or a portion thereof is in the occupancy of the certificate-debtor and he or any other occupant of the house refuses or in any way prevents access thereto; but, when the person executing any such warrant or other process has duly gained access to any dwelling house, he may break open the door of any room and enter, if he has reason to believe that entering into the room is necessary in order to enable him to execute the process.
(3) Where a room in a dwelling-house is in the actual occupancy of a woman who, according to the customs of the country, does not appear in public, the person executing the process shall give notice to her that she is at liberty to withdraw; and, after allowing a reasonable time for her to withdraw and giving her reasonable facility for withdrawing, he may enter such room for the purpose of executing the process; and, if the process be for the attachment of property, he may at the same time use every precaution, consistent with this section, to prevent its clandestine removal.
Application of Act XVIII of 1850
48. Every Collector, Certificate-officer, Assistant Collector or Deputy Collector acting under this Act, and every Government officer making a requisition under section 5, shall, in the discharge of his functions under this Act, be deemed to be acting judicially within the meaning of the Judicial Officers' Protection Act, 1850.
Officer to have powers of Civil Court for certain purposes
49. Every Collector, Certificate-officer, Assistant Collector or Deputy Collector acting under this Act, shall have the powers of a Civil Court for the purposes of receiving evidence, administering oaths, enforcing the attendance of witnesses and compelling the production of documents.
Control over officers
50. All Certificate-officers (not being Collectors), Assistant Collectors and Deputy Collectors shall, in the performance of their duties under this Act, be subject to the general supervision and control of the Collector.
51. (1) An appeal from any [* * *] order made under this Act shall lie–
(a) if the order was made by an Assistant Collector or a Deputy Collector, or by a Certificate-officer not being the Collector,− to the Collector, or
(b) if the order was made by the Collector,–to the [Commissioner]:
Provided that no appeal shall lie from any order made under section 22.
(2) Every such appeal must be presented, in case (a), within fifteen days, or, in case (b) within thirty days, from the date of the order.
(3) The Collector may, by order, with the previous sanction of the [Commissioner] authorize
(a) any Sub-divisional Officer, or
(ii) any officer appointed under clause (3) of section 3 to perform the functions of a Certificate-officer, to exercise the appellate powers of the Collector under sub-section (1)
(4) When any officer has been so authorized, the Collector may transfer to him for hearing any appeal referred to in clause (a) of sub-section (1), unless the order appealed against was made by such officer.
(5) Pending the decision of any appeal, execution may be stayed if the appellate authority so directs, but not otherwise.
Bar to second appeals
52. No appeal shall lie from any order of a Collector, or an officer authorized under section 51, sub-section (3), when passed on appeal.
[53. (1) The Collector may revise any order passed by a Certificate-officer, Assistant Collector or Deputy Collector under this Act.
(2) The Commissioner may revise any order passed by a Collector under this Act.
[(3) The Board of Land Administration may revise any order passed by a Commissioner under this Act and the order of the Board shall be final.]]
54. Any order passed under this Act may, after notice to all persons interested, be reviewed by the officer who made the order, or by his successor in office, on account of mistake or error either in the making of the certificate or in the course of any proceeding under this Act.
Government may empower certain officers
[54A. The Government may, by notification in the official Gazette, empower an Additional Deputy Commissioner or a joint Deputy Commissioner to exercise all or any of the powers exercisable by the Collector under this Act.]
Saving of other Acts
55. The powers given by this Act shall be deemed to be in addition to, and not in derogation from, any powers conferred by any other Act now in force for the recovery of any due, debt or demand to which the provisions of this Act are applicable; and, except where expressly so provided, no legal remedy shall be effected by this Act.
Application of the Limitation Act, 1908
56. (1) Sections 6 to 9 of the Limitation Act, 1908
, shall not apply to suits, appeals or applications under this Act.
(2) Except as declared in sub-section (1), the provisions of the Limitation Act, 1908
, shall apply to all proceedings under this Act as if a certificate filed hereunder were a decree of a Civil Court.
Certificate-officer deemed to be a Court
57. A Certificate-officer shall be deemed to be a Court, and any proceeding before him shall be deemed to be a civil proceeding within the meaning of section 14 of the Limitation Act, 1908
58. Whoever fraudulently removes, conceals, transfers or delivers to any person any property or any interest therein, intending thereby to prevent that property or interest therein, from being taken in execution of a certificate, shall be deemed to have committed an offence punishable under section 206 of the [Penal Code].
Signature of documents by ministerial officers
59. (1) Any Certificate-officer may, by written order, authorize any ministerial officer to sign, on behalf of the Certificate-officer, any copy, issued by the Certificate-officer under this Act, of any document referred to therein.
(2) The Government may, by notification in the official Gazette, empower Certificate-officers to authorize ministerial officers, by written order, to sign on behalf of Certificate-officers any classes of original notices, summonses or proclamations issued by Certificate-officers under this Act which are specified in such notification.
60. [Repealed by section 6 of the Bengal Public Demands Recovery (Amendment) Act, 1942 (Act No. I of 1942).]
61. [Repealed by section 6 of the Bengal Public Demands Recovery (Amendment) Act, 1942 (Act No. I of 1942).]
62. [Repealed by section 3 and the Second Schedule of the Bengal Repealing and Amending Act, 1946 (Act No. XVI of 1946).]
63. [Repealed by section 6 of the Bengal Public Demands Recovery (Amendment) Act, 1942 (Act No. I of 1942).]
64. [Repealed by section 6 of the Bengal Public Demands Recovery (Amendment) Act, 1942 (Act No. I of 1942).]
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Ministry of Law, Justice and Parliamentary Affairs