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10/12/2024
Laws of Bangladesh

The Agricultural Debtors Act, 1935

( ACT NO. VII OF 1936 )

Recovery of amounts included in an award
28.(1) If by the date fixed the debtor fails to pay any amount payable under an award such amount shall be recoverable as a public demand on application made within the prescribed period by a creditor to whom the amount is due.
 
 
If the creditor does not so apply such amount shall for the purposes of clause (iii) of section 35, be deemed to be debt incurred by debtor after the date of the signing of the award.
 
 
(2) Subject to any rules made under this Act, the Certificate-officer is satisfied that there is good reason for the failure to pay by the fixed date, may allow time to the debtor within which to pay any amount due. If the Certificate-officer thus allows time, he may, if he thinks fit, further direct that a similar period of time shall be given to the debtor after the time fixed in the award for payment of any other amount payable there-under, within which to make such other payment, and the award shall be deemed to be modified accordingly.
 
 
(3) If the Certificate-officer does not allow time under sub-section (2), or if the debtor fails to pay within the time allowed, the Certificate-officer shall proceed to recover the amount in the manner provided in the Public Demands Recovery Act, 1913:Provided that, if such debtor has been declared insolvent under section 22, the Certificate-officer after allowing such time, if any, as he thinks fit, shall, forthwith, subject to the provisions of sub-section (4) of section 22 and section 24, sell such portion of the property of the debtor as will be sufficient to pay all the amounts payable whether under the award or under sub-section (1) of section 29.
 
 
(4) Subject to the proviso to sub-section (3), if the Certificate-officer fails to recover the full amount in respect of which an application has been made under sub-section (1) by sale of the moveable property of agricultural produce of the debtor, he shall sell such portion of the immovable property of the debtor as will sufficient to pay all amounts payable whether under the award or under sub-section (1) of section 29 or under any decree which has, to the knowledge of the Certificate-officer, been passed by a Civil Court in respect of a debt of which details are included in the award under clause (c) of sub-section (1) of section 25.
 
 
(5) When the Certificate-officer sells the immovable property of a debtor under sub-section (2) of section 22 or under this section he shall keep a separate account of the proceeds realised from the sale of any portion of such property upon which a mortgage, lien or charge is shown as subsisting in the list included in the award under clause (a) of sub-section (1) of section 25.
 
 
(6) If any debt in respect of which no amount is payable under the award is secured by a mortgage, lien or charge shown in such list, the Certificate-officer shall sell the immovable property subject to such mortgage, lien or charge, unless a decree of Civil Court for the recovery the debt is outstanding in respect of such property. If such a decree is outstanding the Certificate-officer shall distribute the sale-proceeds in accordance with the provision of clause (a) of sub-section (2) of section 29.

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Ministry of Law, Justice and Parliamentary Affairs