Rules under Bengal Public Demand Recovery act 1913

Bengal Public Demand Recovery Act 1913

38. Effect of rules in Schedule II.—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.

39. Power of Board of Revenue to make rules as to procedure.—(1) The Board of Revenue may, after previous publication and with the previous sanction
of the State Government, 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, by 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 certificates, proceedings in execution of certificates and petitions under section 9 denying liability from one Certificate Officer to another for disposal;
(ff) the manner of calculating interest referred to in section 16, clause (a);
(g) the scale of charges to be recovered under section 16, clause (c);
(h) the maintenance and custody, while under attachment, of livestock and other movable property, the fees to be charged for such maintenance and custody, the sale of such livestock 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 costsCosts Subject to any written law, costs are at the discretion of the Court, and the Court has the power to determine all issues relating to the costs of or incidental to all proceedings, including by whom and to what extent the costs are to be paid, at any stage of the proceedings or after the conclusion of the proceedings. Generally “Costs” includes charges, disbursements, expenses, fees, and remuneration. Costs in any matter are payable from the date of the order of the Court unless the parties otherwise agree. The costs of a third-party funding contract are not recoverable as part of the costs of, or costs. under section 16, clause (b) and section 45;
(l) the recovery of poundage fees;
(m) the forms to be used under this Act.

40. Publication and effect of rules made under section 39.—(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 timeTime Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”) being amended by such rules.

Schedule II

Rules

(See section 38)

Signature and Verification of Requisitions for Certificates

1. Signature and verification of requisition for certificate.— (1) Every requisition made under section 5 shall be signed and verified at the foot by the person making it.(2) The verification shall state that the person signing the requisition has been satisfied by inquiry that the amount stated in the requisition is actually due.(3) The verification shall be signed by the person making it, and shall state the date on which it is signed.

1A. The procedure and the rules to be followed in respect of certificates for arrears of sales tax shall be the same as those in the case of arrears of land revenue payable to the Collector.1B. All the columns of Form No. 1 (Certificate of Public Demand) shall be filled up clearly in ink before the same is filed in the office of the Certificate Officer, and subsequent corrections, if any, made therein shall be made in red ink, and initialled by the Certificate Officer with dates.Service of Notices

2. Mode of service.— Service of a notice issued under section 7, or under any other provision of this Act, shall be made by delivering or tendering a copy thereof, signed by the Certificate Officer or such ministerial officer as he authorizes in this behalf, and sealed with the seal of the Certificate Officer.3. Service on certificate-debtor or his agentAgent An agent is a person employed to do any act for another or to represent another in dealings with third persons. The person for whom such act is done, or who is so represented, is called the principal. Indian Contract Act.— Wherever it is practicable, service shall be made on the certificate-debtor in person, unless he has an agent empowered to accept service, in which case service on such agent shall be sufficient.4. Service on adult male member of certificate-debtor’s family.– Where the certificate-debtor cannot be found, and has no agent empowered to accept service of the notice on his behalf, service may be made on any adult male member of the family of the certificate-debtor who is residing with him.Explanation.—A servant is not a member of the family within the meaning of this rule.

5. Person served to sign acknowledgment.— Where the serving officer delivers or tenders a copy of the notice to the certificate-debtor personally, or to an agent or other person on his behalf, he shall require the signature of the person to whom the copy is so delivered or tendered to an acknowledgment of service endorsed on the original notice.6. Procedure where certificate-debtor refuses to accept service or cannot be found.— Where the certificate-debtor or his agent, or such other person as aforesaid refuses to sign the acknowledgment, or where the serving officer, after using all due and reasonable diligence, cannot find the certificate-debtor, and there is no agent empowered to accept service of the notice on his behalf, nor any other person on whom service can be made, the serving officer shall—

(a) affix a copy of the notice on the outer door or some other conspicuous part of the house in which the certificate-debtor ordinarily resides or carries on business or personally works for gain, or

(b) if there be land affected by the notice, affix a copy of the notice on some conspicuous place in the office of the Certificate Officer and also on some conspicuous part of the land, and shall then return the original to the Certificate Officer by whom it was issued, with a report endorsed thereon or annexed thereto stating that he has so affixed the copy, the circumstances under which he did so, and the name and address of the person (if any) by whom the house or land was identified and in whose presence the copy was affixed.

7. Endorsement of time and manner of service.— The serving officer shall in all cases in which the notice has been served under rule 5, endorse or annex, or cause to be endorsed or annexed, on or to the original notice, a return stating the time when and the manner in which the notice was served, and the name and address of the person (if any) identifying the person served and witnessing the delivery or tender of the notice.

8. Examination of serving officer.— Where a notice is returned under rule 6, the Certificate Officer shall, if the return under that rule has not been verified by the affidavitAffidavit An ex parte statement in writing made under oath before a notary public or other officer authorized to administer oaths, about facts which the affiant either knows of his own personal knowledge or is aware of to the best of his knowledge. of the serving officer, and may, if it has been so verified, examine the serving officer on oath, or cause him to be so examined by another Certificate Officer, or, subject to any general order of the Collector, by an Assistant Collector, Deputy Collector or Sub-Deputy Collector, touching his proceedings and may make such further inquiry in the matter as he thinks fit; and shall either declare that the notice has been duly served or order such service as he thinks fit.

9. Service by post.— Notwithstanding anything hereinbefore contained, the notice may, if the Certificate Officer so directs, be served by post.

Petitions under Section 9, denying Liability

10. Signature and verification of petition denying liability.— (1) Every petition filed under section 9, denying liability, shall be signed and verified at the foot by the certificate-debtor or by some other person on his behalf who is proved to the satisfaction of the Certificate Officer to be acquainted with the facts of the case.(2) The verification shall be signed by the person making it, and shall state the date on which it is signed.(3) The petition referred to in sub-clause (1) above shall be filed in duplicate so that one copy may be supplied to the certificate-holder.11. Transfer of such petitions.– (1) The Certificate Officer may, subject to any general or special order of the Collector, transfer to any Assistant Collector or Deputy Collector subordinate to the Collector any petition filed under section 9; and such Assistant Collector or Deputy Collector shall hear and determine such petition accordingly:Provided that the Collector may re-transfer any petition so transferred, and order that it be heard and determined by the Certificate Officer.(2) The provisions of section 10 shall be applicable to any Assistant Collector or Deputy Collector to whom any such petition has been transferred under sub-rule (1).

Execution of Certificates

12. Execution in another district.— Where a copy of a certificate is sent for execution to any other Certificate Officer under section 12, sub-section (1), the certificate may be executed by him.Attachment of Movable Property, etc.13. Application for attachment of movable property in the possession of the certificate-debtor.— At the time of making an application for the attachment of movable property in the possession of the certificate-debtor, the certificate-holder shall declare whether the property is above or below forty rupees in value. If the property is declared to be above forty rupees in value, the certificate-holder shall pay the costs of issuing the proclamation of sale. If, however, the value of the property, having been declared to be forty rupees or under, should be found as determined by rule 14, to exceed forty rupees, the certificate-holder shall pay the costs of issuing the proclamation of sale immediately on receipt of notice of attachment.

14. Procedure for the attachment of movable property when its value is up to Rs. 40 or above.— When the attaching officer believes that the property attached does not exceed forty rupees in value, he shall inform the debtor or, in his absence, any present adult member of his family, that it will be sold by public auction at once without the issue of any proclamation. In case the certificate-holder or the certificate-debtor, or any person on his behalf, object to this, the attaching officer shall convoke a panchayat of not less than three respectable adult male inhabitants of the neighbourhood, of whom ordinarily the headman of the village should be one, and shall require them to assess the value of the property. If they determine that it exceeds forty rupees in value, he shall deal with it according to the rules for the sale of movable property exceeding forty rupees in value, otherwise he shall forthwith proceed to sell it by auction after giving such reasonable notice as the circumstances of the case admit of to intending purchasers.

15. Attachment of movable property (other than agricultural produce) in possession of certificate-debtor.— Where the property to be attached is movable property (other than agricultural produce) in the possession of the certificate-debtor, the attachment shall be made by actual seizure, and the attaching officer shall keep the property in his own custody or in the custody of one of his subordinates, and shall be responsible for the due custody thereof:Provided that, when the property seized is subject to speedy and natural decay or when the expense of keeping it in custody is likely to exceed its value, the attaching officer may sell it at once.16. Attachment of agricultural produce.— Where the property to be attached is agricultural produce, the attachment shall be made by affixing a copy of the warrant of attachment—

(a) where such produce is growing crop — on the land on which such crop has grown, or

(b) where such produce has been cut or gathered — on the threshing floor or place for treading out grain or the like, or fodder-stack, on or in which it is deposited, and another copy on the outer door or on some other conspicuous part of the house in which the certificate-debtor ordinarily resides, or, with the leave of the Certificate Officer on the outer door or on some other conspicuous part of the house in which he carries on business or personally works for gain, or in which he is known to have last resided or carried on business or personally worked for gain;

and the produce shall thereupon be deemed to have passed into the possession of the Certificate Officer.

17. Provision as to agricultural produce under attachment.— (1) Where agricultural produce is attached, the Certificate Officer shall make such arrangements for the custody thereof as he may deem sufficient, and for the purpose of enabling the Certificate Officer to make such arrangements, every application for the attachment of a growing crop shall specify the time at which it is likely to be fit to be cut or gathered and the applicant shall deposit in Court such sum as the Court shall require in order to defray the cost of watching or tending the crop till such time.(2) Subject to such conditions as may be imposed by the Certificate Officer in this behalf, either in the order of attachment or in any subsequent order, the certificate-debtor may tend, cut, gather and store the produce and do any other act necessary for maturing or preserving it and if the certificate-debtor fails to do all or any of such acts, the certificate-holder may, with the permission of the Certificate Officer and subject to the like conditions, do all any of them either by himself or by any person appointed by him in this behalf, and the costs incurred by the certificate-holder shall be recoverable from the certificate-debtor as if they were included in the certificate.(3) Agricultural produce attached as a growing crop shall not be deemed to have ceased to be under attachment or to require re-attachment merely because it has been served from the soil.(4) Where an order for the attachment of growing crop has been made at a considerable time before the crop is likely to be fit to be cut or gathered, the Certificate Officer may suspend the execution of the order for such time as he thinks fit, and may, in his discretion, make a further order prohibiting the removal of the crop pending the execution of the order of attachment.(5) A growing crop which from its nature does not admit of being stored shall not be attached under this rule at any time less than twenty days before the time at which it is likely to be fit to be cut or gathered.18. Attachment of debt, share, and other movable property not in possession of certificate-debtor.— (1) In the case of—

(a) a debt not secured by a negotiable instrument,

(b) a share in the capital of a CorporationCorporation A legally established entity that can enter into contracts, own assets and incur debt, as well as sue and be sued—all separately from its owner(s). The term covers both for-profit and nonprofit corporations and includes nonstock corporations, incorporated membership organizations, incorporated cooperatives, incorporated trade associations, professional corporations and, under certain circumstances, limited liability companies., or

(c) other movable property not in the possession of the certificate-debtor except property deposited in, or in the custody of, any Court, the attachment shall be made by a written order prohibiting,—

(i) in the case of the debt — the creditor from recovering the debt and the debtor from making payment thereof until the further order of the Certificate Officer;

(ii) in the case of the share — the person in whose name the share may be standing from transferring the same or receiving any dividend thereon;

(iii) in the case of the other movable property (except as aforesaid) — the person in possession of the same from giving it over to the certificate debtor.

(2) A copy of such order shall be affixed on some conspicuous part of the office of the Certificate Officer, and another copy shall be sent, in the case of the debt, to the debtor, in the case of the share, to the proper officer of the Corporation, and, in the case of the other movable property (except as aforesaid), to the person in possession of the same.(3) A debtor prohibited under clause (i) of sub-rule (1) may pay the amount of his debt to the Certificate Officer, and such payment shall discharge him as effectually as payment to the party entitled to receive the same.(4) Before making under sub-rule (1) an order of attachment of rents due to the certificate-debtor from any subordinate tenure-holders or any raiyat or any under-raiyat, the Certificate Officer may, upon the application of the certificate-holder, issue notice on the certificate-debtor calling upon him to submit a statement signed and verified in the manner specified in rule 1 containing the names of the tenants from whom rent is due to him and the amount of rent due to him from each such tenant within fifteen days from the date of receipt of the notice and the Certificate Officer shall make the order of attachment under sub-rule (1) after considering the said statement. Where the certificate-debtor in spite of such notice fails to furnish such statement within the time mentioned in this sub-rule the Certificate Officer shall issue the order of attachment under sub-rule (1) on such subordinate tenure-holders, raiyats or under-raiyats as are named in the application for an order of attachment under that sub-rule.18A. Rules regarding realisation of rents due to certificate-debtor from the holders of subordinate interests.— (1) Rents due to a certificate-debtor from subordinate tenure-holders or raiyats or under-raiyats which have been attached under rule 18 may be dealt with under the eight succeeding rules.(2) “Garnishee” Rules.— The word “Garnishee” in these rules means and includes such subordinate tenure-holders, raiyats and under-raiyats.

18B. Certificate Officer to issue notice to the garnishee liable to pay rent.— (1) Upon the application of the certificate-holder, the Certificate Officer may issue a notice to the garnishee liable to pay the rent calling on him either to pay to the Certificate Officer the rent due from him to the certificate-debtor or so much thereof as may be sufficient to satisfy the certificate and costs of execution, or to appear and show causeShow Cause A process directed to a person to appear in court and present reasons why a certain order, judgment, or decree should not be made final. on a date to be specified in the notice why he should not do so.(2) Notwithstanding anything else in these rules notice under sub-rule (1) may be issued simultaneously with an order under rule 18(1).(3) Such application shall be made on affidavit verifying the facts alleged and stating that in the belief of the deponent the garnishee is indebted to the certificate-debtor.This sub-rule shall not apply when the Central Government or the State Government is the certificate-holder.

18C. Certificate Officer to order the garnishee to comply with the terms of notice.— When the garnishee does not forthwith pay to the Certificate Officer the amount due from him to the certificate-debtor or so much thereof as is sufficient to satisfy the certificate and the costs of execution or does not appear and show cause in answer to the notice, the Certificate Officer may order the garnishee to comply with the terms of such notice, and on such order execution may issue as through such order were a certificate against him other than one for arrears of rent.18D. Certificate Officer to amend notice where the garnishee disputes liability.— (1) Where the garnishee disputes liability in part only, the Certificate Officer may amend the notice in accordance with the amount admitted, and unless the amount as amended is forthwith paid to the Certificate Officer, may make an order under rule 18C.(2) Notwithstanding anything in sub-clause (1) where the garnishee disputes the liability in whole or in part and where the Certificate Officer thinks fit to make a determination as to the whole or part liability disputed by the garnishee, the Certificate Officer shall proceed to investigate the dispute, take evidenceEvidence All the means by which a matter of fact, the truth of which is submitted for investigation, is established or disproved. Bharatiya Sakshya (Second) Adhiniyam 2023 (if necessary) and determine whether the garnishee is liable for the whole or any part of the amount for which the notice was issued and may set aside, modify or vary the notice accordingly, and unless the amount of the notice so amended is paid forthwith shall make an order under rule 18C.18E. Rule 43 to apply to an order made under rule 18C.— The provisions of rule 43 shall apply to an order made under rule 18C.

18F. Certificate Officer to order a third person to state the particulars of his claimA Claim A claim is “factually unsustainable” where it could be said with confidence before trial that the factual basis for the claim is entirely without substance, which can be the case if it were clear beyond question that the facts pleaded are contradicted by all the documents or other material on which it is based., if any.— Where it is suggested or appears to be probable that a third person has a claimA Claim A claim is “factually unsustainable” where it could be said with confidence before trial that the factual basis for the claim is entirely without substance, which can be the case if it were clear beyond question that the facts pleaded are contradicted by all the documents or other material on which it is based. to or other interest in the amount, the Certificate Officer may order such third person to appear and state the nature and particulars of his claim (if any) to such amount and prove the same.18G. Certificate Officer to proceed under rule 18D in case the third person does not appear.— After hearing such third person and any other person or persons who may subsequently be ordered to appear, or when such third person or other person or persons do not appear when so ordered, the Certificate Officer may proceed as prescribed in rule 18D.18H. Payment under rule 18B or rule 18C.— Payment made by the garnishee on a notice under rule 18B or under an order under rule 18C shall be valid discharge to him as against the certificate-debtor and any other person ordered to appear as aforesaid for the amount paid or levied though such certificate may be set aside or reversed.18I. Costs.— The costs of any application made under rule 18B and of any proceeding arising therefrom or incidental thereto shall be in the discretion of the Certificate Officer.19. Attachment of share in movables.— Where the property to be attached consists of the share or interest of the certificate-debtor in movable property belonging to him and another as co-owners, the attachment shall be made by a notice to the certificate-debtor prohibiting him from transferring the share or interest or charging it in any way.

20. Attachment of salary or allowances of public officer or servant of Railway Company or Local Authority.— (1) Where the property to be attached is the salary or allowances of a public officer or of a servant of a Railway Company or Local Authority, the Certificate Officer, whether the certificate-debtor or the disbursing officer is or is not within the local limits of the Certificate Officer’s jurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case., may order that the amount shall be withheld from such salary or allowances, either in one payment or by monthly instalments as the Certificate Officer may direct; and, upon notice of the order to such officer as the State Government may, by notification in the Official Gazette, appoint in this behalf, the officer or other person whose duty it is to disburse such salary or allowances shall withhold and remit to the Certificate Officer the amount due under the order, or the monthly instalments, as the case may be.(2) Where the attachable proportion of such salary or allowances is already being withheld and remitted to a Certificate Officer or to a Civil Court in pursuance of a previous and unsatisfied order of attachment, the officer appointed by the State Government in this behalf shall forthwith return the subsequent order to the Certificate Officer issuing it, with a full statement of all the particulars of the existing attachment.(3) Every order made under this rule, unless it is returned in accordance with the provisions of sub-rule (2), shall, without further notice or other process, bind Central Government or the State Government or the Railway Company or Local Authority, as the case may be; and Central Government or the State Government or the Railway Company or Local Authority, as the case may be, shall be liable for any sum paid in contravention of this rule.

21. Attachment of negotiable instruments.— Where the property is a negotiable instrument not deposited in a Court nor in the custody of a public officer, the attachment shall be made by actual seizure, and the instrument shall be brought before the Certificate Officer and held subject to his orders.22. Attachment of property in custody of Court or public officer.— Where the property to be attached is in the custody of any Court or public officer, the attachment shall be made by a notice to such Court or officer, requesting that such property, and any interest or dividend becoming payable thereon, may be held subject to the further orders of the Certificate Officer by whom the notice is issued :Provided that, where such property is in the custody of a Court, any question of title or priority arising between the certificate-holder and any other person, not being the certificate-debtor, claiming to be interested in such property by virtue of any assignment, attachment or otherwise, shall be determined by such Court.23. Attachment of immovable property.— Where the property is immovable, no attachment need be made before sale.24. Removal of attachment on satisfaction or cancellation of certificate.— Where

(a) the amount due, with costs and all charges and expenses resulting from the attachment of any property or incurred in order to a sale, are paid to the Certificate Officer, or

(b) the certificate is cancelled, the attachment shall be deemed to be withdrawn, and, in the case of immovable property, the withdrawal shall, if the certificate-debtor so desires, be proclaimed at his expense, and a copy of the proclamation shall be affixed in the manner prescribed by rule 47, sub-rule (1).

Maintenance and custody, while under attachment, of livestock and other movable property

25. Custody of property under attachment.— Under rule 15, the property seized will remain in the custody of the attaching officer or of one of his subordinates on his responsibility.26. Removal of property to Court.— If no suitable place can be found in the village for the safe custody of the attached property, the attaching officer shall remove the property to the Court at the certificate-holder’s expense. In the event of the certificate-holder failing to provide the necessary funds, the attachment shall be withdrawn.27. List of property under attachment.— Whenever attached property is kept at the place where it is attached, the officer shall forthwith report the fact to the Certificate Officer, and with his report shall forward an accurate list of the property seized, so that the Certificate Officer may thereon at once issue the proclamation of sale.28. Debtor’s consent to the sale of the property under attachment.— If the debtor shall give his consent in writing to the sale of the property without awaiting the expiry of the prescribed term, the officer shall receive the same and forward it without delay to the Certificate Officer for orders.

29. Custody of property under attachment, while in Court.— When property is removed to the Court it shall be kept by the nazir on his own sole responsibility in such place as may be approved by the Certificate Officer. If the property cannot, from its nature or bulk, be conveniently kept in the Court premises, or in the personal custody of the nazir, he may, subject to approval by the Certificate Officer, make such arrangements for its safe custody under his own supervision as may be most convenient and economical and the Certificate Officer may fix the remuneration to be allowed to the persons, not being officers of the Court, in whose custody the property is kept.30. Clam of any person other than the certificate-holder to the property under attachment.— When property remains at the place where it is attached in the custody of the attaching officer, and any person other than the certificate-debtor shall claim the same, or any part of it, the officer shall nevertheless, unless the certificate-holder desires to withdraw the attachment of the property so claimed, remain in possession, and shall direct the claimant to prefer his claim to the Certificate Officer.31. Withdrawal of attachment.— If the certificate-holder shall withdraw an attachment, or if it be withdrawn under rule 26 or rule 33, the attaching officer shall inform the debtor, or in his absence, an adult member of his family, that the property is at his disposal.In the absence of any person to take charge of it, or in case the officer shall have had notice of claim by a person other than the certificate-debtor, the officer shall, if the property has been moved from the premises in which it was seized, replace it where it was found at the time of seizure.

32. Feeding and tending of livestock under attachment.— Whenever livestock is kept at the place where it has been attached, the certificate-debtor shall be at liberty to undertake the due feeding and tending of it, under the supervision of the attaching officer, but the latter shall, if required by the certificate-holder, and on his paying for the same, at a rate to be fixed by the Certificate Officer, engage the services of as many persons as may be necessary for the safe custody of it.33. Cost for feeding livestock and expenses attending its removal to Court.— In the event of the certificate-debtor failing to feed attached live stock, the officer shall call upon the certificate-holder either to pay for feeding it on the spot, or for the expenses attending its removal to the Court. If the certificate-holder shall fail to provide for either, the officer shall report the matter, without delay, to the Certificate Officer who may thereupon withdraw the attachment.34. Responsibility of the nazir for safe custody and proper feeding.— When attached livestock is brought to Court, the nazir shall be responsible for the safe custody and proper feeding of it so long as the attachment continues.35. Custody of livestock in Government pounds.— If there be a Government pound in or near the place where the Court is held, the nazir shall be at liberty to place in it such attached livestock as can be properly kept there in which case the pound-keeper will be responsible for the property to. the nazir, and shall receive the same rates for accommodation and maintenance thereof as are paid in respect of impounded cattle of the same description.

36. Responsibility of the nazir for the custody of livestock.— If there be no pound available, or if, in the opinionOpinion A judge's written explanation of a decision of the court. In an appeal, multiple opinions may be written. The court’s ruling comes from a majority of judges and forms the majority opinion. A dissenting opinion disagrees with the majority because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the end result of the court but offers further comment possibly because they disagree with how the court reached its conclusion. of the Certificate Officer, if it be inconvenient to lodge the attached livestock in the pound, the nazir may keep it in his own premises, or he may entrust it to any person selected by himself and approved by the Certificate Officer. The nazir will in all cases remain responsible for the custody of the property.37. Rates to be allowed for the custody and maintenance of various descriptions of livestock.— The Certificate Officer shall, from time to time, fix the rates to be allowed for the custody and maintenance of the various descriptions of livestock with reference to seasons and local circumstances. The Collector may make any alterations he deems fit in the rates so prescribed.38. Fees to be charged where process of attachment of movable property is by actual seizure.— (1) Where process of attachment of movable property by actual seizure is issued, fees at the following rates shall be charged, and the officer deputed to attach such property shall be furnished with a certificate stating the period for which the fees in accordance with this rule have been paid :

(i) When the amount or value of the subject-matter of the case exceeds Rs. 1,000—

		Rs.	a.	p.
(a)	for the seizure under the order of attachment ….	2	0	0
(b)	for each man necessary to ensure safe custody of property so attached, when such man is actually in possession per diem ….	0	6	0

(ii) When the amount or value of the subject-matter of the case is Rs. 1,000 or under, but above Rs. 50

		Rs.	a.	p.
(a)	for the seizure under the order of attachment ….	1	0	0
(b)	for each man necessary to ensure safe custody of property so attached, when such man is actually in possession per diem ….	0	4	0

(iii) When the amount or value of the subject-matter of the case is Rs. 50 or under—

		Rs.	a.	p.
(a)	for the seizure under the order of attachment ….	0	8	0
(b)	for each man necessary to ensure safe custody of property so attached, when such man is actually in possession per diem ….	0	4	0

38A. Refund of custody fees.— Ali refund cases of custody fees will be entered in Register 8 and the Certificate Officer shall be asked to report whether the claim is admissible. If his report shows that the refund may be granted, the Collector will authorise him to issue a payment order on the back of the paper to which the court-fee stamps are affixed. The refund will be adjustable under the head “VII – Stamps – Deduct Refunds”.

InvestigationInvestigation Purpose of all investigation is to reveal the unvarnished truth. The constitutional courts are duty bound to ensure that the truth is revealed. of Claims and Objections

39. Investigation by Certificate Officer.— (1) Where any claim is preferred to, or any objection is made to the attachment or sale of, any property in execution is made of a certificate, on the ground that such property is not liable to such attachment or sale, the Certificate Officer shall proceed to investigate the claim or objection:Provided that no such investigation shall be made, where the Certificate Officer considers that the claim or objection was designedly or unnecessarily delayed.(2) Where the property to which the claim or objection applies has been advertised for sale, the Certificate Officer ordering the sale may postpone it pending the investigation of the claim or objection upon such terms as to security or otherwise, as the Court shall deem fit.

40. Evidence to be adduced.— The claimant or objector must adduce evidence to show that—

(a) (in the case of immovable property) at the date of the service of the notice under section 7, or

(b) (in the case of movable property) at the date of the attachment, he had some interest in, or was possessed of, the property attached.

41. Release of property from attachment or sale.— Where, upon the said investigation, the Certificate Officer is satisfied that, for the reason stated in the claim or objection, such property was not,—

(a) (in the case of immovable property) at the date of the service of the notice under section 7, or

(b) (in the case of movable property) at the date of the attachment, in the possession of the certificate-debtor or of some person in trust for him or in the occupancy of a tenant or other person paying rent to him, or that, being in the possession of the certificate-debtor at the said date, it was so in his possession, not on his own account or as his own property, but on account of or in trust for some other person, or partly on his own account and partly on account of some other person, the Certificate Officer shall make an order releasing the property, wholly or to such extent as he thinks fit, from attachment or sale.

42. Disallowance of claim to property attached.— Where the Certificate Officer is satisfied that the property was, at the said date, in the possession of the certificate-debtor as his own property and not on account of any other person, or was in the possession of some other person in trust for him, or in the occupancy of a tenant or other person paying rent to him, the Certificate Officer shall disallow the claim.43. Saving of suits to establish right to attached property.— Where a claim or an objection is preferred, the party against whom an order is made may institute a suit in a Civil Court to establish the right which he claims to the property in dispute, but, subject to the result of such suit (if any), the order shall be conclusive.

Sale generally

44. Power to order sale of attached property.— Any Certificate Officer executing of a certificate may order that any property liable to sale, or such portion thereof as may seem necessary to satisfy the certificate, shall be sold.45. Sale of movable property falling under rule 15 or of value not exceeding Rs. 40 or greater value.— Sales of property under the proviso to rule 15 and of movable property not exceeding forty rupees in value, shall be held on the spot. Such sales will necessarily be conducted by peons when they are attaching officers. Sales of movable property of greater value can, under rule 46, take place only after the issue of a proclamation, but they may be held on the spot or at the sadar or sub-divisional headquarters, as may seem convenient and conducive to the securing of good prices, provided that the place and time of sale are notified in the proclamation. For such sales officers of higher rank than peons should always be deputed when the value of the property is estimated to exceed Rs. 50 and proclamation should be issued. When the value is between Rs. 40 and Rs. 50, the Collector or Certificate Officer may, by a special order, depute a peon, if he considers it desirable to do so.46. Proclamation of sale by public auction.— (1) Where any immovable property, or any movable property exceeding forty rupees in value, is ordered to be sold by public auction, the Certificate Officer shall cause a proclamation of the intended sale to be made in the language of the Courts of the district.(2) Such proclamation shall be drawn up after notice, to the certificate-debtor, and shall state the time and place of sale, and shall specify as fairly and accurately as possible,—

(a) the property to be sold:

(b) (where the property to be sold is an interest in an estate or in part of an estate paying revenue to the Government) the revenue assessed upon the estate or part of the estate;

(d) any other thing which the Certificate Officer considers it material for a purchaser to know in order to judge of the nature and value of the property.

(3) Where a tenure, or a rayati holding at fixed rates, situated in an area in which Chapter XIV of the Bengal Tenancy Act, 1885 (VIII of 1885), is in force, is to be sold in execution of a certificate for arrears of rent due in respect thereof, the said proclamation shall also state that the tenure or holding will first be put up to auction subject to registered and notified incumbrances, and will be sold subject to those incumbrances if the sum bid is sufficient to liquidate the amount specified in the certificate, and costs, and that otherwise it will, if the certificate-holder so desires, be sold on a subsequent day, of which due notice will be given, with power to annul all incumbrances.(4) Where an occupancy holding, situated in an area in which Chapter XIV of the Bengal Tenancy Act, 1885, is in force, is to be sold in execution of a certificate for arrears of rent due in respect thereof, the said proclamation shall also state that the holding will be sold with power to annul all incumbrances.(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-clauses (3) and (4) shall not apply.(6) For the purpose of ascertaining the matters to be specified in the proclamation, the Certificate Officer may summon any person whom he thinks necessary to summon, and may examine him in respect to any such matters and require him to produce any document in his possession or power relating thereto.47. Mode of making proclamation.— (1) Every proclamation for the sale of immovable property shall be made at some place on or near such property by beat of drum or other customary mode, and a copy of the proclamation shall be affixed on a conspicuous part of the property and also upon a conspicuous part of the office of the Certificate Officer.(2) Where the Certificate Officer so directs, such proclamation shall also be published in the Official Gazette or in a local newspaper, or in both; and the cost of such publication shall be deemed to be costs of the sale.(3) If a tenure, a raiyati holding at fixed rates or an occupancy holding situated in an area in which Chapter XIV of the Bengal Tenancy Act, 1885 (VIII of 1885), is in force, is to be sold in execution of a certificate for arrears of rent due in respect thereof, the proclamation shall also be published in the Malkachari or rent office of the estate and at the local thana.(4) Where property is divided into lots for the purpose of being sold separately, it shall not be necessary to make a separate proclamation for each lot, unless proper notice of the sale cannot, in the opinion of the Certificate Officer, otherwise be given.48. Time of sale.— Save in the case of property of the kind described in the proviso to rule 15, no sale hereunder shall, without the consent in writing of the certificate-debtor, take place until after the expiration of at least thirty days in the case of immovable property, or of at least fifteen days in the case of movable property exceeding forty rupees in value, calculated from the date on which a copy of a sale proclamation has been affixed in a conspicuous part of the office of the Certificate Officer or in a case of immovable property in a conspicuous part of the property whichever is later:Provided that if a tenure, a raiyati holding at fixed rates or an occupancy holding situated in an area in which Chapter XIV of the Bengal Tenancy Act, 1885 (VIII of 1885), is in force, is to be sold in execution of a certificate for arrears of rent due in respect thereof, the sale shall not, without the consent in writing of the certificate-debtor, take place until after the expiration of at least ‘thirty days, calculated from—

(a) the date on which a copy of the sale proclamation has been affixed in a conspicuous part of the office of the Certificate Officer, or

(b) the date on which the sale proclamation has been published in the Malkachari or rent office of the estate and at the local thana, whichever is later.

49. Purchase of property by the certificate-holder.— (1) No holder of a certificate in execution of which property is sold shall, without the express permission of the Certificate Officer, bid for or purchase the property.(2) Where a certificate-holder purchases with such permission, the purchase-money and the amount due on the certificate may be set off against one another, and the Certificate Officer executing the certificate shall enter up satisfaction of the certificate in whole or in part accordingly.(3) Where a certificate-holder purchases, by himself or through another person, without such permission, the Certificate Officer may, if he thinks fit, on the application of the certificate-debtor or any other person whose interests are affected by the sale, by order set aside the sale; and the costs of such application and order, and any deficiency of price which may happen on the re-sale and all expenses attending it, shall be paid by the certificate-holder.(4) This rule shall not apply when the certificate-holder is the Central Government or the State Government.50. Adjournment or stoppage of sale.— (1) The Certificate Officer may, in his discretion, adjourn any sale hereunder to a specified day and hour; and the officer conducting any such sale may in his discretion adjourn the sale, recording his reasons for such adjournment:Provided that, where the sale is made in, or within the precincts of, the office of the Certificate Officer, no such adjournment shall be made without the have of the Certificate Officer.(2) Where a sale is adjourned under sub-rule (1) for a longer period than one calendar month a fresh proclamation under rule 47 shall be made unless the certificate-debtor consents to waive it.(3) Every sale shall be stopped if, before the lot is knocked down, the debt and costs (including the costs of the sale) are tendered to the officer conducting the sale, or proof is given to his satisfaction that the amount of such debt and costs has been paid to the Certificate Officer who ordered the sale.

51. Defaulting purchaser answerable for loss on re-sale.— Any deficiency of price which may happen on a re-sale by reason of the purchaser’s default, and all expenses attending such re-sale, shall be certified to the Certificate Officer by the officer or other person holding the sale, and shall, at the instance of either the certificate-holder or the certificate-debtor, be recoverable from the defaulting purchaser under the procedure provided by this Act:Provided that no such application shall be entertained unless made within 15 days from the date of re-sale.52. Restriction on bidding or purchase by officers.— No officer or other person having any duty to perform in connection with any sale shall, either directly or indirectly, bid for, acquire or attempt to acquire, any interest in the property sold.53. Levy of poundage fees.— (1) The percentage or poundage fee on the gross amount realised by any sale under the Public Demands Recovery Act. 1913 (Bengal Act No. 3 of 1913), shall be leviable on every such sale at the rate of 2 per cent on such gross amount up to Rs. 1,000 and at the rate of 1 per cent, on all excess of gross amounts over Rs. 1,000.(2) The percentage or poundage fee under sub-rule (1) shall be paid in court-fee stamps by the auction-purchaser (certificate-holder or other person) as soon as his bid is accepted by the Court and the sale is completed.(3) The percentage leviable under sub-rule (1) shall be calculated on multiples of Rs. 25, that is to say, a poundage fee of 8 annas should be levied for every Rs. 25, or part of Rs. 25, realized by the sale, up to Rs. 1,000, and in the case of the proceeds of the sale exceeding Rs. 1,000, an additional fee of 4 annas for every Rs. 25 or part thereof should be levied.(4) In case in which several properties are sold in satisfaction of one certificate, only one poundage fee calculated on the gross sale-proceeds should be levied, 2 per cent being charged on the gross sale-proceeds up to Rs. 1,000 and 1 per cent, on such proceeds exceeding Rs. 1,000.(5) The proceeds of a sale effected in execution of a certificate may be paid out of Court only on an application made for that purpose in writing.(6) In case in which the certificate-holder applies for leave to purchase under rule 49, sub-rule (1), no order to set off the purchase money against the amount of the certificate shall be made on that application. If a certificate-holder auction-purchaser desires such set off, he shall file a separate application for the purpose at the time of the payment of the poundage fee.(7) When a sale of immovable property is set aside under sub-section (2) of section 25, the Certificate Officer may make an order for payment by the certificate-debtor or by the person at whose instance the sale is set aside of the poundage fee paid by the auction-purchaser (certificate-holder or other person) under sub-rule (2).

54. Addition of costs, etc., to certificate and payment by certificate-holder of purchase money in excess of the amount of certificate.— Upon the hearing of the petition referred to in rule 53, sub-rule (6), the costs of execution, including the poundage fee, shall be added to the certificate; and in cases in which the amount of the purchase-money exceeds the amount of the certificate and such costs, the certificate-holder-auction-purchaser shall pay to the Certificate Officer the sum of 25 percent, on the balance of the purchase-money after deducting the amount of the certificate and of such costs, and shall pay the balance on or before the fifteenth day from the sale in accordance with rule 69.54A. Time limit within which the certificate-debtor can dispute claim of certificate-holder to receive payment of the balance of the sale proceeds under section 26, clause (c).— If a certificate-holder files a claim before the Certificate Officer to receive any amount referred to in clause (c) of sub-section (1) of section 26, the Certificate Officer shall issue notice to the certificate-debtor, who may dispute the claim within thirty days from the service of the notice. If the certificate-debtor disputes the claim, the Certificate Officer shall determine the dispute as required by sub-section (2) of section 26, and payment of the amount claimed will be made in accordance with such determination. If the certificate-debtor does not dispute the claim, the amount claimed by the certificate-holder shall be paid to him after the said period of thirty days in accordance with the provisions contained in clause (c) of sub-section (1) of the said section.

Sale of movable property

55. Sale of agricultural produce.— (1) Where the property to be sold is agricultural produce, the sale shall be held,—

(a) if such product is a growing crop on or near the land on which such crop has grown, or

(b) if such produce has been cut or gathered — at or near the threshing-floor or place for treading out grain or the like, or fodder-stack, on or in which it is deposited:

Provided that the Certificate Officer may direct the sale to be held at the nearest place of public-resort, if he is of opinion that the produce is thereby likely to sell to greater advantage.(2) Where, on the produce being put up for sale,—

(a) a fair price, in the estimation of the person holding the sale, is not offered for it, and

(b) the owner of the produce, or a person authorised to act in his behalf, applies to have the sale postponed till the next day or, if a market is held at the place of sale, the next market day, the sale shall be postponed accordingly, and shall be then completed, whatever price may be offered for the produce.

56. Special provisions relating to growing crops.— (1) Where the property to be sold is a growing crop and the crop from its nature admits of being stored but has not yet been stored, the day of the sale shall be so fixed as to admit of the crop being made ready for storing before the arrival of such day, and the sale shall not be held until the crop has been cut or gathered and is ready for storing.(2) Where the crop from its nature does not admit of being stored or can be sold to a greater advantage in an unripe state (e.g. as green wheat), it may be sold before it is cut and gathered; and the purchaser shall be entitled to enter on the land, and to do all that is necessary for the purpose of tending or cutting or gathering the crop.57. Sale by public auction.— (1) Where movable property is sold by public auction, the price of each lot shall be paid at the time of sale or as soon after as the officer or other person holding the sale directs, and in default of payment the property shall forthwith be resold.(2) On payment of the purchase-money, the officer or other person holding the sale shall grant a receipt for the same, and the sale shall become absolute.(3) Where the movable property to be sold as a share in goods belonging to the certificate-debtor and a co-owner, and two or more persons, of whom one is such co-owner, respectively did the same sum for such property or for any lot, the bidding shall be deemed to be the bidding of the co-owner.

58. Irregularity not to vitiate sale, but any person injured may sue.— No irregularity in publishing or conducting the sale of movable property shall vitiate the sale; but any person sustaining substantial injury by reason of such irregularity at the hand of any.other person may institute a suit in Civil Court against him for compensation, or (if such other person is the purchaser) for the recovery of the specific property and for compensation in default of such recovery.59. Delivery of movable property, debts and shares.— (1) Where the property sold is movable property of which actual seizure has been made, it shall be delivered to the purchaser.(2) Where the property sold is movable property in the possession of some person other than the certificate-debtor, the delivery thereof to the purchaser shall be made by giving notice to the person in possesSion prohibiting him from delivering possession of the property to any person except the purchaser.(3) Where the property sold is a debt not secured by a negotiable instrument or is a share in a Corporation, the delivery thereof shall be made by a written order of the Certificate Officer prohibiting the creditor from receiving the debt or any interest thereon, and the debtor from making payment thereof to any person except the purchaser, or prohibiting the person in whose name the share may be standing from making any transfer of the share to any person except the purchaser or receiving payment of any dividend or interest thereon, and the manager, secretary or other proper officer of the Corporation from permitting any such transfer or making any such payment to any person except the purchaser.

60. Transfer of negotiable instruments and shares.— (1) Where the execution of a document, or the endorsement of the party in whose name a negotiable instrument or a share in a Corporation is standing, is required to transfer such negotiable instrument or share, the Collector, or such officer as he may appoint in this behalf, may execute such document or make such endorsement as may ,be necessary and such execution or endorsement shall have the same effect as an execution or endorsement by the party.(2) Such execution or endorsement may be in the following form, namely:—A B, by C D, Collector of the district of

in a proceeding under the Bengal Public Demands Recovery Act, 1913 (Bengal Act No. 3 of 1913), against A B.

(3) Until the transfer of such negotiable instrument or share, the Certificate Officer may, by order, appoint some person to receive any interest or dividend due thereon, and to sign a receipt for the same; and any receipt so signed shall be as valid and effectual for all purposes as if the same had been signed by the party himself.61. Vesting order in case of other property.— In the case of any movable property not hereinbefore provided for, the Certificate Officer may make an order vesting such property in the purchaser or as he may direct; and such property shall vest accordingly.

Sale of immovable property

62. Sale of tenure or holding at fixed rates, subject to registered and notified incumbrances.— (1) When a tenure or a holding at fixed rates, situated in an area in which Chapter XIV of the Bengal Tenancy Act, 1885 (VIII of 1885), is in force, has been advertised under rule 46 for sale in execution of a certificate for arrears of rent due in respect thereof, it shall be put up to auction subject to registered and notified incumbrances; and, if the bidding reaches a sum sufficient to liquidate the amount of the certificate and the costs of the sale, the tenure or holding shall be sold subject to such incumbrances.(2) The purchaser at such sale may, in manner provided by section 167 of the Bengal Tenancy Act, 1885, and not otherwise annul any incumbrance upon the tenure or holding, not being a registered and notified incumbrance.63. Sale of tenure or holding at fixed rates, with power to avoid all incumbrances.— (1) If the bidding for a tenure or a holding at fixed rates put up to auction under rule 62, does not reach a sum sufficient to liquidate the amount of the certificate and costs as aforesaid, and if the certificate-holder thereupon desires that the tenure or holding be sold with power to avoid all incumbrances, the person holding the sale shall adjourn the sale and make a fresh proclamation under rule 46 announcing that the tenure or holding will be put up to auction and sold with power to avoid-all incumbrances, upon a future day specified therein, not less than fifteen or more than thirty days from the date of the postponement; and upon that day the tenure or holding shall be put up to auction and sold with power to avoid all incumbrances.(2) The purchaser at a sale under this rule may, in manner provided by section 167 of the Bengal Tenancy Act, 1885 (VIII of 1885), and not otherwise, annul any incumbrance on the tenure or holding.64. Sale of occupancy holding, with power to avoid all incumbrances.— (1) When an occupancy-holding, situated in an area in which Chapter XIV of the Bengal Tenancy Act, 1885, is in force, has been advertised under rule 46 for sale in execution of a certificate for arrears of rent due in respect thereof, it shall be put up to auction and sold with power to avoid all incumbrances.(2) The purchaser at a sale under this rule may, in manner provided by section 167 of the Bengal Tenancy Act, 1885, and not otherwise, annul any incumbrance on the holding.65. Rules 62 to 64 not to apply in certain cases to certificate-holders who are co-sharer landlords.— Where the certificate-holder is a co-sharer landlord and the certificate is for his share of the rent only, the provisions of rules 62, 63 and 64 shall not apply.66. Postponement of sale to enable certificate-debtor to raise amount due under certificate.— (1) Where an order for the sale of immovable property has been made, if the certificate-debtor can satisfy, the Certificate Officer that there is reason to believe that the amount of the certificate may be raised by the mortgage or lease or private sale of such property, or some part thereof, or of any other immovable property of the certificate-debtor, the Certificate Officer may, on his application, postpone the sale of the property comprised in the order for sale, on such terms and for such period as he thinks proper, to enable him to raise the amount.(2) In such case the Certificate Officer shall grant a certificate to the certificate-debtor, authorising him, within a period to be mentioned therein, and notwithstanding anything contained in section 8 or section 18, to make the proposed mortgage, lease or sale:Provided that all moneys payable under such mortgage, lease or sale shall be paid, not to the certificate-debtor, but to the Certificate Officer:Provided also that no mortgage, lease or sale under this rule shall become absolute until it has been confirmed by the Certificate Officer.67. Prohibition of purchase of tenure or holding by certificate-debtor.– (1) When a tenure or holding, situated in an area in which Chapter XIV of the Bengal Tenancy Act, 1885, is in force, is put up for sale in execution of a certificate for arrears of rent due in respect thereof, the certificate-debtor shall not bid for or purchase the tenure or holding.(2) If a certificate-debtor purchases, by himself or through another person, a tenure or holding so sold, the Certificate Officer may, if he thinks fit, on the application of the certificate-holder or any other person interested in the sale, by order, set aside the sale; and the costs of the application and order, and any deficiency of price which may happen on the re-sale, and all expenses attending it, shall be paid by the certificate-debtor.68. Deposit by purchaser and re-sale in default.— On every sale of immovable property, the person declared to be the purchaser shall pay, immediately after such declaration, a deposit of twenty-five per cent, on the amount of his purchase-money, to the officer or other person conducting the sale; and, in default of such deposit, the property shall forthwith be re-sold.69. Time for payment of purchase-money in full.— The full amount of purchase-money payable shall be paid by the purchaser to the Certificate Officer on or before the fifteenth day from the sale of the property.70. Procedure in default of payment.— In default of payment within the period mentioned in rule 69, the deposit may, if the Certificate Officer thinks fit, after defraying the expenses of the sale, be forfeited to the Government, and the property shall be re-sold, and the defaulting purchaser shall forfeit all claims to the property or any part of the sum for which it may subsequently be sold.71. Fresh proclamation before re-sale.— Every re-sale of immovable property, in default of payment of the purchase-money within the period allowed for such payment, shall be made after the issue of a fresh proclamation in the manner and for the period hereinbefore prescribed for the sale.72. Bid of co-sharer to have preference.— Where the property sold is a share of undivided immovable property, and two or more persons, of whom one is a co-sharer, respectively bid the same-sum for such property or for any lot, the bid shall be deemed to be the bid of the co-sharer.73. Return of purchase-money in certain cases.— Where a sale of immovable property is set aside, any money paid or deposited by the purchaser on account of the purchase, together with the penalty (if any) referred to in clause (b) of section 22, and such interest as the Certificate Officer may allow, shall be paid to the purchaser.74. Certificate to purchaser.— (1) Where a sale of immovable property has become absolute, the Certificate Officer shall grant a certificate specifying the property sold and the name of the person who at the time of sale is declared to be the purchaser.(2) Such certificate shall bear date the day on which the sale became absolute.75. Delivery of property in occupancy of certificate-debtor.— Where the immovable property sold is in the occupancy of the certificate-debtor, or of some person on his behalf, or of some person claiming under a title created by the certificate-debtor subsequently to the service of the notice issued under section 7, and a certificate in respect thereof has been granted under rule 74, the Certificate Officer shall, on the application of the purchaser, order delivery to be made by putting such purchaser, or any person whom he may appoint to receive delivery on his behalf, in possession of the property, and, if need be, by removing any person who refuses to vacate the same.76. Delivery of property in occupancy of tenant or other person.— Where the property sold is in the occupancy of a tenant or other person entitled to occupy the same, and a certificate in respect thereof has been granted under rule 74, the Certificate Officer shall, on the application of the purchaser, order delivery to be made by affixing a copy of the certificate of sale in some conspicuous place on the property, and proclaiming to the occupant by beat of drum or other customary mode, at some convenient place, that the interest of the certificate-debtor has been transferred to the purchaser.

Arrest and Detention

77. [Omitted by section 4 of the Bengal Public Demands Recovery (Amendment) Act, 1953 (West Bengal Act X111 of 1953).]78. Subsistence allowance.— (1) When a certificate has been signed either in accordance with the provisions of section 4, or on a requisition made under section 5, no certificate-debtor shall be arrested in execution of the certificate unless and until the certificate-holder pays into Court such sum as the Certificate Officer thinks sufficient for the subsistence of the certificate-debtor from the time of his arrest until he can be brought before the Certificate Officer.(2) When a certificate-debtor is committed to the civil prison in execution of a certificate, the Certificate Officer shall fix for his subsistence such monthly allowance as he may be entitled to according to the scale fixed by the State Government for the subsistence of arrested judgmentJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2). Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….” Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022)-debtors, or, where no such scale has been fixed, as the Certificate Officer considers sufficient with reference to the class to which the certificate-debtor belongs.(3) The monthly allowance fixed by the Certificate Officer, shall be supplied, by the person upon whose requisition the certificate was signed, by monthly payments in advance before the first day of each month.(4) The first payment shall be made to the Certificate Officer for such portion of the current month as remains unexpired before the certificate-debtor is committed to the civil prison; and the subsequent payments (if any) shall be made to the officer in charge of the civil prison.(5) Sums disbursed by the certificate-holder for the subsistence of the certificate-debtor in the civil prison shall be deemed to be costs in the proceeding:Provided that the certificate-debtor shall not be detained in the civil prison or arrested on account of any sum so disbursed.

Supplemental

79. Register of, certificates.— (1) Every Certificate Officer shall cause to be kept in his office a register of certificates filed in his office under this Act, and shall cause particulars of all such certificates to be entered in such register.(2) Such register shall be open during office hours, for not less than two hours daily, and at such time as may be fixed by the Collector, for inspection by any person who desires to inspect the same; and a fee of one anna shall be chargeable for every such inspection.80. Payment by instalments.— (1) Payment of the amount due under an certificate may be made by instalments, if the Certificate Officer in whose office the certificate is filed so directs.(2) The payment of every such instalment shall be entered in the register referred to in rule 79.81. Remittance to Certificate Officer of sums received under a certificate transferred for execution.— (1) When a copy of a certificate has been sent to another officer under section 12, sub-section (1), all sums except Government demands, received by such officer under such certificate shall be remitted by him to the Certificate Officer in whose office the original certificate is filed.82. Entry of satisfaction.— When the whole or any portion of the amount due under a certificate has been realized, the Certificate Officer in whose office the original certificate is filed shall cause an entry of the fact to be made upon the certificate and in the register referred to in rule 79.83. Communication of satisfaction to other persons.— When a copy of a certificate has been sent to another officer under section 12, sub-section (1), or when a certificate has been signed upon a requisition, any satisfaction of the certificate, whether in whole or in part shall be certified to such officer, or to the sender of such requisition, as the case may be.

83A. Exemption of requisitions from Liquidator of Co-operative Societies from ad valorem fee.— Requisitions from a Liquidator of Co-operative Societies appointed under section 90 of the Bengal Co-operative Societies Act, 1940 (Bengal Act No. 21 of 1940), submitted under rule 139 of the Bengal Co-operative Societies Rules, 1942, shall be treated as applications from a Government officer, and shall accordingly be exempt from ad valorem fee.83B. Procedure to be followed when one of two or more certificate-debtors is found to have died before the filing of the certificate.— Where one of two or more certificate-debtors is found to have died before the certificate was filed under section 4 or section 6, the Certificate Officer may, at any stage of the proceedings and on such terms as he thinks fit, order that the name of the deceased be struck out and that the legal representative of the deceased be added as a certificate-debtor, and the certificate shall be amended accordingly.(2) When a certificate is so amended, the Certificate Officer shall cause a notice and a copy of the amended certificate to be served, in accordance with the provisions of section 7, on the new certificate-debtor and, if the Certificate Officer thinks fit, on the other certificate-debtors.(3) The certificate proceedings as against the new certificate-debtor shall be deemed to have begun only on the service of such notice and certificate on him.83C. Requisition from the Directorate of Commercial Taxes under sub-section (1) of section 5 of the Bengal Public Demands Recovery Act, 1913 (Bengal Act No. 3 of 1913), made during the period from 24th March, 1952 to 15th January, 1953, shall not be chargeable with fees.

Forms

84. Forms in Appendix.— The Forms set forth in the Appendix shall be used, with such variations as circumstances may require.Note.— It has been laid down by the Calcutta High Court in the case reported in 58 CWN 573-586, that the certificate form is a statutory form and the effect of any error or omission in filling it is fatal to the certificate and to the entire proceeding which is liable to be quashed. The following defects, namely—

(i) misdescription in the name of the certificate-holder in the certificate, or

(ii) omission to mention correctly in the certificate other particulars including the period for which the demand is due and the reason for the imposition of penalty, or

(iii) omission to sign by the Certificate Officer the certificate which is filed in his office, renders the certificate invalid— Vide Board’s `D’ Group, C.P. Branch File No. 23 of 1954.

Appendix

Forms

(See rule 84)

Form No. 1

(West Bengal Form No. 1027)

Certificate of Public Demand

[See sections 4 and 6]

Certificate No……………………….filed in the office of ………………………..

Name and address of certificate-holder
Amount of public demand [including interest, if any, and including the fee paid under section 5, sub-section (2), if any] for which this certificate is signed, and period for which such demand is due.	Rs.	P.
Name and address of certificate-debtor :
Further particulars of the public demand for which this certificate is signed.

*Name of districtI certify that the sums mentioned hereinbefore are due to the certificate-holder by the certificate-debtor(s) and that they are justly recoverable, the recovery by suit not being barred by law.Dated this…………………………day of…………………… 20…………………………………..

Certificate Officer

Form No. 2

(Bengal Form No. 1028)

Requisition for a Certificate

(See section 5)

To the Certificate Officer of the district of

Name of certificate-debtor	Address of certificate-debtor	Amount of public demand for which this requisition is made	Nature of the public demand of which this requisition is made
(1)	(2)	(3)	(4)

I request you to recover the above mentioned sum of Rs……………, which I am satisfied, after inquiry, is due from the said…………………in respect of…………………… Verified by me on the …. day of …. 20 ….

A.B.,
(Designation)

Form No. 3

(Bengal Form No. 1029)

Notice to Certificate-debtor

(See section 7)

To……………………………………….(name of certificate-debtor)You are hereby informed that a certificate against you for Rs…………………… due from you on account of…………………… has been filed in my office, under section …………………….. of the Bengal Public Demands Recovery Act, 1913. If you deny your liability to pay the said sum of Rs., you may, within thirty days from the service of this notice, file in my office a petition denying liability, in whole or in part. If, within the said thirty days, you fail to file such a petition, or if you fail to show cause, or do not show sufficient cause, why such certificate should not be executed it will be executed under the provisions of the said Act, unless you pay Rs…………………… (Rs. …. on account of the demand and Rs. …. on account of costs of realization) into my office. Until the said amount is so paid, you are hereby prohibited from alienating your immovable property, or any part of it, by sale, gift, mortgage or otherwise. If you in the meantime conceal, remove or dispose of any part of your movable property, the certificate will be executed immediately.A copy of the certificate above mentioned is here to annexed.You may remit the amount by money order, quoting the number and year of the certificate.Dated this …………………….day of………………. 20……………..

A.B.,
Certificate Officer of

Form No. 4

(Bengal Form No. 1031)

Petition denying Liability

(See section 9)

ToThe Certificate Officer ofThe humble petition of (name of petitioner) of (address).Sheweth—That a certificate No…………… of………… (year), for the sum of Rs. …. has been filed against your petitioner in your office under section ………. of the Bengal Public Demands Recovery Act, 1913.That your petitioner respectfully denies his liability to pay the said sum of Rs…………. (or where the liability to pay part is admitted, denies his liability to pay more than Rs…………), and this for the following reasons :That the facts above stated are true to the best of your petitioner’s knowledge and belief.Your petitioner therefore respectfully prays that the said certificate may be set aside (or modified or varied).

A.B.,
(Petitioner)

Form No. 5

(Bengal Form No. 1032)

Notice to show cause why sale should not be set aside

[See proviso to section 25(2)]

To…………………………………………………………….Whereas the undermentioned property was sold on the……………. day of ………. 20…. in execution of certificate No., dated the., 20………………. And whereas……………………., the certificate-holder [or certificate-debtor] has applied to me to set aside the sale of the said property on the ground that………………… Take notice that if you have any cause to show why the said application should not be granted you should appear with your proofs in this office on the………………. day of…………………., 20……………. . when the said application will be heard and determined.Given under the seal of the Court, this……………….day of…………….., 20 ………………. . Description of property.

Certificate Officer

Form No. 6

SummonsSummons It means an application to the Court in relation to an action or appeal which has to be served on other parties or non‑parties. to appear and answer charge of obstructing execution of Certificate

[See section 27(2)]

Certificate No……………….. of 20…………

To……………………………………………….Whereas ………………….., the certificate-holder in the above certificate has complained to this Court that you have resisted (or obstructed) the officer charged with the execution of the warrant for possession;You are hereby summoned to appear in this Court on the ……………. day of … 20…., at…….. a.m. to answer the said complaint.Given under the seal of the Court, this…………….. day of …………… 20 ……………..

Certificate Officer of

Form No. 7

(Bengal Form No. 1045)

Warrant of Committal

(See section 28)

ToThe Officer in Charge of the Civil Prison at …………………….Whereas the undermentioned property has been sold to ………… the purchaser at auction sale in execution of certificate case No…………, dated ………. 20…., and whereas the Court is satisfied that ………………….. without any just cause resisted (or obstructed) and is still resisting (or obstructing) the said…………………. in obtaining possession of the property, and whereas the said has made application to this Court that the said be committed to the civil prison;You are hereby commanded and required to take and receive the said …… to the civil prison and to keep him imprisoned therein for the period of … … days.Give under the seal of the Court, this ……………..day of……………….. 20………………..

Certificate Officer

Form No. 8

(Bengal Form No. 1034)

Warrant of Arrest

(See section 29)

To……………………………………………………Whereas a certificate No…………………. was filed in this office on the …………………. 20 ………………….. under section of the Bengal Public Demands Recovery Act, 1913, against……………. certificate-debtor, and the sum of Rs. …………………… as noted below, is due from him in respect of the said certificate;

Original demand	……….	………	………..	Rs.	P.
Interest	………..	……….	………
Costs	………..	………..	……….
Execution	………..	………..	………..
		Total	………..

and whereas the said sum of Rs…………………. has not been paid to the certificate-holder in satisfaction of the said certificate; these are to command you to arrest the said certificate-debtor and, unless the said certificate-debtor shall pay to you the said sum of Rs…………….. together with Rs………………………….. for the costs of executing this process, to bring him before the Court with all convenient speed.You are further commanded to return this warrant on or before the………..day of…………………. 20………, with an endorsement certifiying the day on which and the manner in which it has been executed, or the reason why it has not been executed.Dated this………………….. day of…………….. 20……….

Certificate Officer

Form No. 9

(Bengal Form No. 1036)

Order committing Certificate-debtor to the Civil Prison

(See section 29)

ToThe Officer in charge of Civil Prison at…………………..Whereas, who has been brought before me this……………… day of………………, 20………………….. under a warrant in execution of certificate No…………………., filed in this office on the………………………., 20……………………….. under section of Bengal Public Demands Recovery Act, 1913, and by which certificate it was ordered that the said……………… should pay………………….. and whereas the said has not paid the said sum nor satisfied me that he is entitled to be discharged from custody;You are hereby commanded and required to take and receive the said …… into the civil prison and keep him imprisoned therein for a period not exceeding………………or until the said certificate shall be fully satisfied, or the said ………………………. shall be otherwise entitled to be released according to the terms and provisions of section 31 or section 32 of the said Act; and I hereby fix……………. annas per diem as the rate of the monthly allowance for the subsistence of the said ………………. during his confinement under this order of committal.Dated this…………………….day of…………….20…………….

Certificate Officer

Form No. 10

Order for the release of a person imprisoned in execution of a Certificate

(See sections 31 and 32)

District……………………….

Certificate No…………………. of 20…………………….

ToThe Officer in Charge of the Civil Prison at…………………….Under order passed this day, you are hereby directed to set free……………………. certificate-debtor, now in your custody.Dated this…………………… day of…………….., 20 ……………

Certificate Officer

Form No. 11

(Bengal Form No. 1037)

Notice to Legal Representative of Certificate-debtor

(See section 43)

To………………………………..
(Name of the legal representative)You are hereby informed that a certificate against…………….., deceased, for Rs………………….. due from him on account of , was filed in this office on the…………………, 20…………….., under section of the Bengal Public Demands Recovery Act, 1913, and that a demand of Rs…………, in respect of the said certificate proceeding is due from you as the legal representative of the said deceased. If you deny your liability to pay the said sum of Rs. ………………., you may, within thirty days from the service of this notice, file in my office a petition denying liability in whole or in part. If, within the said thirty days, you fail to file such a petition, or if you fail to show cause, or do not show sufficient cause, why such certificate should not be executed, it will be executed, under the provisions of the said Act, unless you pay Rs…………………(Rs. ………….. on account of the demand and Rs………………….. on account of cost of realisation) into my office. Until the said amount is so paid, you are hereby prohibited from alienating your immovable property, or any part of it, by sale, gift, mortgage or otherwise. If you in the meantime conceal, remove or dispose of any part of your movable property, the certificate will be executed immediately.A copy of the certificate above mentioned is hereto annexed.You may remit the amount by money order, quoting the number and year of the certificate.Dated this ……………… day of……………, 20…………..

A.B.
Certificate Officer

Form No. 11A

Warrant of Attachment of Movable Property

(See sections 13 and 14)

ToWhereas a certificate No. ………. was filed in this office on the……………20…………….., under section of the Bengal Public Demands Recovery Act, 1913, against…………………certificate-debtor and the sum of Rs., as noted below, is due from him in respect of the said certificate:

Original demand	……….	………	………..	Rs.	P.
Interest	………..	……….	………
Costs	………..	………..	……….
Execution	………..	………..	………..
		Total	………..

and whereas the said sum of Rs. has not been paid to the certificateholder in satisfaction of the said certificate; these are to command you to attach the movable property of the said [certificate-debtor] and, unless the said certificate-debtor shall pay to you the said sum of Rs. together with Rs……………………, for the costs of executing this process to hold the same until further orders from the Court.You are further commanded to return this warrant on or before the …………………. …. day of……………….. , 20 …………………… with an endorsement certifying the day on which and the manner in which it has been executed, or the reason why it has not been executed.Dated this………………. day of………………., 20 ………………….

Certificate Officer

Form No. 11B

Notice to persons added to the Original Certificate

[See rule 83B(2)]

To………………………………..You are hereby informed that a certificate against

(a) ……………………………

(b) ……………………………

etc.

for Rs………………….. on account of………………. was filed in this office on the…………………, 20 under section………………of the Bengal Public Demands Recovery Act, 1913. It now appears that the certificate-debtor,

(a) or

(b) o

(c)

etc.

had died before the said certificate was filed and that you are liable as his legal representative to satisfy the said demand and your name has accordingly been added in the certificate. If you deny your liability to pay the said sum of Rs. …………………. you may, within thirty days from the service of this notice, file in my office a petition denying liability in whole or in part. If, within the said thirty days, you fail to file such a petition or if you fail to show cause, or do not show sufficient cause, why such certificate should not be executed, it will be executed under the provisions of said Act, unless you pay Rs………………….. (Rs………………….. on account of demand and Rs. … …. on account of cost of realisation) into my office. Until the said amount is so paid, you are hereby prohibited from alienating your immovable property, or any part of it, by sale, gift, mortgage or otherwise. If you in the meantime conceal, remove or dispose of any part of your movable property, the certificate will be executed immediately.A copy of the certificate above mentioned is hereto annexed.You may remit the amount by money order, quoting the number and year of certificate.Dated this……………….. day of……………….., 20…………

Certificate Officer of

Form No. 11C

Notice to Surviving Certificate-debtor

[See rule 83B(2)]

To…………………………………..Whereas a certificate against (a) or

(b) or

(c)

etc.

for Rs………….. on account of………………. was filed in this office on the……………. 20…………………..and a copy of the said certificate and a notice under section 7 of the Bengal Public Demands Recovery Act, 1913, has been served on you and whereas the said

(a) or

(b) or

(c)

etc.

having died before the filing of the said certificate the name of his legal representative (X) has been added in and the name of the said

(a) or

(b) or

has been struck out from the said certificate, a copy of the certificate as amended is hereby annexed for your information.

Certificate Officer

Form No. 12

Attachment in Execution

Prohibitory order, where the property consists of debts not being Negotiable Instruments, or of movable property not in the possession of the certificate-debtor

[See rule 18(1)(a) and (c)]

To…………………….Whereas……………………. has failed to satisfy certificate No………………… of 20 …………….., for Rs……………. it is ordered that defendant be and is hereby prohibited and restrained until the further order of this Court, from receiving [from you] to the said certificate-debtor, namely, and that you, the said ……………………be, and you are hereby prohibited and restrained, until the further order of the Court [from] to any person whomsoever, or otherwise than into this Court.Given under the seal of the Court this ……………….day of………………, 20…………………

Certificate Officer of

Form No. 13

Attachment to Execution

Prohibitory order, where the property consists of shares in the capital of a Corporation

[See rule 18(1)(b)]

To…………………………., certificate-debtor and to, Secretary of Corporation.Whereas………………….. has failed to satisfy certificate No. …………………….. of 20………….., for Rs. …………..; it is ordered that you, the defendant, be and you are hereby, prohibited and restrained until the further order of this Court from making any transfer of shares in the aforesaid Corporation, namely……………….., or from receiving payment of any dividends thereon; and you the Secretary of the said Corporation, are hereby prohibited and restrained from permitting any such transfer or making any such payment.Given under the seal of the Court, this, ………………….day of………………, 20………….

Certificate Officer of

Form No. 14

Attachment in Execution

Prohibitory order, where the property to be attached consists of movable property, to which the certificate-debtor is entitled subject to a lien or right of some other person to the immediate possession thereof

[See rule 18(1)(c)]

ToWhereas has failed to satisfy certificate No……………. of 20…………. for Rs. …. it is ordered that the certificate-debtor be, and is hereby, prohibited and restrained, until the further order of this Court, from receiving from………………….. the following property in the possession of the said that is to say, ……………….to which the certificate-debtor is entitled, subject to any claim of the said and the said…………………. is hereby prohibited and restrained until the further order of this Court, from delivering the said property to any person or persons whomsoever.Given under the seal of the Court, this ………………..day of…………, 20…………………..

Certificate Officer of

Form No. 15

Order to attach salary of Public Officer or servant of Railway Company or Local Authority

(See rule 20)

ToWhereas…………………… certificate-debtor in certificate case No………….. of……………….. 20………………is a…………………(Describe office of certificate-debtor) receiving his salary/or allowance at your hands; and whereas certificate-holder in the said case, has applied in this Court for the attachment of the salary/or allowance of the said …………………. to the extent of………………… due to him under the certificate, you are hereby required to withhold the said sum of ………………..from the salary/or allowance of the said……………………… in monthly instalments of…………………… and to remit the said sum/or monthly instalments to this Court.Given under the seal of the Court, this ………………….day of………………………., 20………………..

Certificate Officer of

Form No. 16

Order of Attachment of Negotiable Instrument

(See rule 21)

ToThe Collectorate Nazir,Whereas an order has been passed by this Court on the day of …. 20…………….. for the attachment of………………….., you are hereby directed to seize the said and bring the same into Court.Given under the seal of the Court, this……………….. day of ………………., 20……………….

Certificate Officer

Form No. 17

Attachment

Prohibitory order, where the property consists of money or of any security in the custody of a Court of Justice or officer of Government

(See rule 22)

Certificate case No………………..of 20…………….

To…………………………Sir.The certificate-holder having applied, under rule 22 of Schedule II of the Bengal Public-Demands Recovery Act, 1913, for an attachment of certain money now in your [hands];I request that you will hold the said money subject to the further order of this Court.

I have the honour to be,

Sir,

Your most obedient servant,
Certificate Officer of

Dated the……………………… day of ……………….. 20……………

Form No. 18

(Bengal Form No. 1038)

Notice to Certificate-holder

(See rule 39)

Whereas………………has made application to this Court for the removal of attachment on……………………. placed at your instance in execution of Certificate No………………., of …………. 20 ……….; this is to give you notice to appear before me on ………………. the …………………., day of…………., 20……………, either in person or by a pleader duly instructed to support your claim as attaching creditor.Given under the seal of the Court, this………………. day of ………………., 20………………..

Certificate Officer of

Form No. 19

(Bengal Form No. 1039)

Warrant of Sale of Property

(See rule 44)

ToThe………………………These are to command- you to sell by auction, after giving ……………….days’ previous notice, by affixing the same in this office, and after making due proclamation, the undermentioned property attached in execution of certificate No. …. in favour of……………., or so much of the said property as shall realize the sum of Rs. ………, being the ……… of the said certificate and costs still remaining unsatisfied.You are further commanded to return this warrant on or before the……………. day of……………., 20……………., with an endorsement certifying the manner in which it has been executed or on the reason why it has not been executed.Given under the seal of the Court, this………………. day of, 20………… .

Specification of property

Certificate Officer

Form No. 20

(Bengal Form No. 1040)

Notice of the day fixed for settling a Sale Proclamation

(See rule 46)

To……………………………. Certificate-debtor.Whereas in execution of Certificate No…………….of …………………a sale is about to be held of your property mentioned below; you are hereby informed that the……………. day of……………… 20……………….., has been fixed for settling the terms of the proclamation of sale.The total amount due from you in respect of the certificate including costs and interest is………………………Given under the seal of the Court, this day of , 20 . . .

Specification of property

Certificate Officer

Form No. 21

(Bengal Form No. 1041)

Proclamation of Sale

(See rule 46)

Certificate No……………….., of 20……………….., under which ………………. is the certificate holder and……………….. is the certificate-debtor.NOTICE is hereby given that, under rule 44 in Schedule II to the Bengal Public Demands Recovery Act, 1913, an order has been passed by me for the sale of the property mentioned in the annexed schedule, in satisfaction of the claim of the certificate-holder under the certificate mentioned in the margin amounting, with costs and interest up to date of sale, to the sum of Rs………………….The sale will be by public auction and the property will be put up for sale in the lots specified in the schedule. The sale will be of the property of the certificate-debtor above named as mentioned in the schedule below:In the absence of any order of postponement, the sale will be held by ………………… at the monthly sale commencing at………….. o’clock on the …………………at ………………..In the event, however, of the debt above specified, and of the costs of the sale, being tendered or paid before the knocking down of any lot, the sale will be stopped.At the sale the public generally are invited to bid, either personally or by duly authorized agent. The following are the further.

Conditions of Sale

1. The particulars specified in the schedule below have been stated to the best of the information of the Certificate Officer; but the Certificate Officer will not be answerable for any error, mis-statement or omission in this proclamation.2.The amount by which the bidding are to be increased shall be determined by the officer conducting the sale. In the event of any dispute arising as the amount bid, or as to the bidder, the lot shall at once be again put up to auction.3. The highest bidder shall be declared to be the purchaser of any lot, provided always that he is legally qualified to bid, and provided that it shall be in the discretion of the officer holding the sale to decline acceptance of the highest bid when the price offered appears so clearly inadequate as to make it advisable to do so.4. For reasons recorded, it shall be in the discretion of the officer conducting the sale to adjourn it, subject always to the provisions of rule 50 in Schedule II to the Bengal Public Demands Recovery Act, 1913.5. In the case of movable property, the price of each lot shall be paid at the time of sale or as soon after as the officer holding the sale directs, and in default of payment the property shall forthwith be again put up and resold.6. In the case of immovable property, the person declared to be the purchaser shall pay immediately after such declaration a deposit of 25 per cent, on the amount of his purchase money to the office conducting the sale, and in default of such deposit the property shall forthwith be put up again and resold.7. The full amount of the purchase-money shall be paid by the purchaser before the office of the Certificate Officer closes on the fifteenth day after the sale of the property exclusive of such day, or if the fifteenth day be a Sunday or other holiday, then on the first office day after the fifteenth day.8. In default of payment of the balance of purchase-money within the period allowed the property shall be resold after the issue of a fresh notification of sale. The deposit, after defraying the expenses of the sale, may, if the Certificate Officer thinks fit, be forfeited to the Government, and the defaulting purchaser shall forfeit all claim to the property or to any part of the sum for which it may be subsequently sold.Given under seal of the Court, this ……….. day of……………, 20…………

Certificate Officer

Schedule of Property

Number of lot	Description of the property to be sold, with the name of each owner where there are more certificate-debtors than one	The revenue assessed upon the estate or part of the estate, if the property to be sold is an interest in an estate or a part of an estate paying revenue to the Government	Claims (if any) which have been put forward to the property and any other known particulars bearing on its nature and value
1	2	3	4

Form No. 22

(Bengal Form No. 1042)

Order on the Nazir for causing publication of Proclamation of Sale

(See rule 47)

ToThe Nazir…………………….. ofWhereas an order has been made for the sale of the property of the certificate-debtor under Certificate No………… dated the………………, 20………………., which is specified in the schedule hereunder annexed; and whereas the…………….day of………………, 20…………………….. has been fixed for the sale of the said property;…………………….. copies of the proclamation of sale are by this warrant made over to you and you are hereby ordered to have the proclamation published by beat of drum within each of the properties specified in the said schedule, to affix a copy of the said proclamation on a conspicuous part of each of the said properties and afterwards on my office, and then to submit to me a report showing the dates on which and the manner in which the proclamations have been published.Dated the …………………. day of………………..,20……………..

Schedule

Certificate Officer

Form No. 23

(Bengal Form No. 1044)

Certificate, by Officer holding a Sale, of the Deficiency of Price on a Re-sale of Property by reason of the Purchaser’s Default

(See rule 51)

Certified that at the resale of the property in execution of Certificate No……………. dated the………………….. 20 …………, in consequence of default on the part of ………………… purchaser, there was a deficiency in the price of the said property, amounting to Rs…………………. and that the expenses attending such resale amounted to Rs…………….. making a total of Rs………….., which sum is recoverable from the defaulter.Dated the ……………… day of……………, 20…………….

Officer holding the sale

Form No. 24

Notice to person in possession of movable property sold in execution

[See rule 59(2)]

To…………………………Whereas……………………. has become the purchaser at a public sale in execution of Certificate No……………………, dated ………………. 20…………………, of ….. .. (now in your possession) you are hereby prohibited from delivering possession of the said………………………….. to any person except the said.Given under the seal of the Court, this…………………. day of…………….., 20……………………

Certificate Officer

Form No. 25

Prohibitory order against the transfer of shares sold in execution

[See rule 59(3)]

ToAnd…………………………Secretary of………………………….. CorporationWhereas………………… has become the purchaser at a public sale in execution of Certificate No……………………, dated ……………………., 20………………………, of certain shares in the above Corporation, that is to say, of standing in the name of you it is ordered that you be, and you are hereby prohibited from making any transfer of the said-shares to any person except the said…………………, the purchaser aforesaid, or from receiving any dividends thereon; and you, Secretary of the said Corporation, from permitting any such transfer or making any such payment to any person except the said……………………., the purchaser aforesaid…………………Given under the seal of the Court, this……………….. day of…………………., 20………………………

Certificate Officer

Form No. 26

Prohibitory Order against payment of debts sold in execution to any other than the purchaser

[See rule 59(3)]

To………………………..And to………………………..Whereas…………………….. has become the purchaser at a public sale in execution of Certificate No………………… of 20 being debts due from you to you it is ordered that you………………………. be, and you are hereby prohibited from receiving and you from making payment of the said debt to any person or persons except the said.Given under the seal of the Court, this…………………day of………………., 20…………………….Certificate Officer of

Form No. 27

Certificate to certificate-debtor authorizing him to mortgage, lease or sale property

(See rule 66)

Whereas………………………….. in execution of Certificate No………………….. of 20……………………, an order was made on the day of…………………., 20…………………., for the sale of the undermentioned property of the certificate-debtor………………. and whereas the Court has, on the application of the said certificate-debtor, postponed the said sale to enable him to raise the amount of the certificate by mortgage, lease, or private sale of the said property or of some part thereof.This is to certify that the Court doth hereby authorise the said certificate-debtors to make the proposed mortgage, lease or sale within a period of …………………….. from the date of this certificate : provided that all monies payable under such mortgage, lease, or sale shall be paid into this Court and not to the said certificate-debtors.

Description of property

Given under the seal of the Court, this ………………….day of………………….., 20……………………..

Certificate Officer

Form No. 28

Certificate of sale of land

(See rule 74)

This is to Certify that…………………….. has been declared the purchaser, at a sale by public auction on the ………………. day of…………………. of…………………in execution of certificate No………………….., dated the………………… 20….., and that the said sale has been duly confirmed by me.Given under the seal of the Court, this……………….. day of……………… 20……………….

Certificate Officer

Form No. 29

Order for Delivery to Certified Purchaser of Land at a sale in Execution

(See rule 75)

ToThe……………………….Whereas has become the certified purchaser of………………. at a sale in execution of Certificate No……………….. dated the, 20……………..; you are hereby ordered to put the said the certified purchaser, as aforesaid, into possession of the same.Given under the seal of the Court, this day of , 20 ….

Certificate Officer

Form No. 30

Notice to Show Cause why Warrant of Arrest should not issue

(See rule 77)

To……………………….Whereas………………….has made application to me for execution of Certificate No. …………….of 20……………….., by arrest and imprisonment of your person; you are hereby required to appear before me on the …………….. day of ……………………., 20……………, to show cause why you should not be committed to the civil prison in execution of the said certificate.Given under the seal of the Court, this………………. day of………………., 20………………….

Certificate Officer