Bengal Public Demands Recovery Act, 1913
No: 3 Dated: Jan, 03 1920
BENGAL PUBLIC DEMANDS RECOVERY ACT, 1913
[Bengal Act 3 of 1913]
As applicable to Arunachal Pradesh.[this act has been brought into force to the area which was known as North East Frontier Tracts(Part B) now state of Arunachal Pradesh vide notification no 10R,Dated 3rd January 1920
PART I
PRELIMINARY
1. Short title, commencement and extent.-(1) This Act may be called the Bengal Public Demands Recovery Act, 1913;
(2) It shall come into force on such date as the State Government may appoint by, notification in the Official Gazette. (3) It extends to the whole of Assam
2. [Repeal]. The following amendments are hereby repealed:
(a) The public Demands Recovery Act, 1895(Bengal Act of 1895) and
(b) The Bengal public Demands Recovery (Amendment) Act, 1897(Bengal Act 1 of 1897)
3. Definitions.-ln this Act, unless there is anything repugnant in the subject or context-
(1) "Certificate-debtor" means the person named as debtor in a certificate filed under this Act, and includes any person whose name is substituted or added as debtor by the Certificate Officer;
(2) "Certificate-holder" means the Government or person in whose favour a certificate has been filed under this Act, and includes any person whose name is" substituted or added as creditor by the Certificate Officer;
(3) "Certificate Officer" means a Deputy Commissioner, a Sub-divisional Officer, and any officer, appointed by a Deputy Commissioner, with the sanction of the Commissioner to perform the functions of a Certificate Officer under this Act;
(4) "movable property" includes growing crops;
(5) "prescribed" means prescribed by rules;
(6) "public demand" means any arrear or money mentioned or referred to in Schedule I, and includes any amount due to a bank of financial institution including any interest which may, by law, be chargeable thereon up to the date on which a certificate is signed under Part II; and
(7) "rules" means rules and forms contained in Schedule II or made under section 39.
PART 11
FILING, SERVICE AND EFFECT OF CERTIFICATES AND HEARING OF OBJECTIONS THERETO
4. Filing of certificate for public demand payable to Deputy Commissioner.- When the Certificate Officer is satisfied that any public demand payable to the Deputy Commissioner 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.
5. Requisition for the certificate in other cases.- (1) when any public demand payable to any person other than the Deputy Commissioner 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 Bengal Co-operative Societies Act, 1940 (Ben. Act XXI of 1940), or an assignee of such bank, unless the requisition be countersigned by the Registrar of Cooperative Societies, West Bengal.
(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 (VII of 1870}, in respect of a plaint, for the recovery of a sum of money equal to that stated in the requisition as being due.
6. Filing of certificate on requisition.- 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.
7. Service of notice and copy of certificate on certificate-debtor:-when a certificate has been filed in the office of a Certificate Officer under section 4 or section 6, he shall cause to be served upon the certificate-debtor, in the prescribed manner, a notice in the prescribed form and a copy of the certificate.