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BENGAL PUBLIC DEMANDS RECOVERY ACT, 1913
Whereas it is expedient to consolidate and amend the law relating to the recovery of public demands in Bengal;
And whereas the previous sanction of the Governor-General has been obtained under Section 5 of the Indian Councils Act, 1892, to the passing of this Act;
It is hereby enacted as follows:
(1) This Act may be called the Bengal Public Demands Recovery Act, 1913.
(2) It shall come into force on such date as the State Government may appoint by notification in the Official Gazette; and
(3) It extends to the whole of Assam.
The following enactments are hereby repealed namely:
(a) The public Demands Recovery Act, 1895 (Bengal Act 1 of 1895); and
(b) The Bengal Public Demands Recovery (Amendment) Act, 1897 (Bengal Act 1 of 1897).
In this Act, unless there is anything repugnant in the subject of context —
(1) “certificate debtor” means the persons named as debtor in a certificate filed under this Act, and includes any person whose name is substituted or added as debtor by the Certificate Officer;
(2) “certificate holder” means the Government or person in whose favour a certificate has been filed under this Act, and includes any person whose name is substituted or added as creditor by the Certificate Officer;
(3) “Certificate Officer” means a Collector a Sub-Divisional Officer, and any officer appointed by a Collector, with the sanction of the Commissioner, to perform the functions of a Certificate Officer under this Act;
(4) “movable property” includes growing crops;
(5) “prescribed” means prescribed by rules:
(6) “public demand” means any arrear or money me
When the Certificate Officer is satisfied that the public demand payable to the Collector is due, he may sign a certificate in the prescribed Form stating that the demand is due and shall cause the certificate to be filed in his office.
(1) When any public demand payable to any person other than Collector is due, such person may send to the Certificate Office a written requisition in the prescribed Form :
Provided that no action shall be taken under this Act on a requisition made by a liquidator in pursuance of an order under Clause (b) or Clause (d) of sub-section (2) of Section 42 of the Co-operative Societies Act, 1912, unless the requisition be countersigned by the Registrar of Co-operative Societies, Bengal.
(2) Every such requisition shall be signed and verified in the prescribed manner, and, except in such cases as may be prescribed, shall be chargeable with the fee of the amount which would be payable under the Court Fees Act, 1870 (VII of 1870) in respect of a plaint for the recovery of a sum of money equal to that stated in the requisition as being due.
On receipt of any such requisition the Certificate Officer, if he is satisfied, that the demand is recoverable and that recovery by suit is not barred by law, may sign a certificate, in the prescribed form, stating that the demand is .due; and shall include in the certificate the fee (if any) paid under Section 5, sub-section (2) and shall cause the certificate to be filed in his office.
When a certificate has been filed in the office of a Certificate Officer under Section 4 or Section 6, he shall cause to be served upon the certificate debtor, in prescribed manner, a notice in the prescribed form and copy of the certificate.
From and after the service of notice of any certificate under Section 7 upon a certificate debtor—
(a) any private transfer or delivery of any of his immovable property situated in the district in which the certificate is filed or of any interest n any such property, shall be void against any claim enforceable in execution of the certificate; and
(b) the amount due from time to time in respect of the certificate shall be a charge upon the immovable property of the certificate debtor, wherever situated to which every other charge cheated subsequently to the service of the said notice shall be postponed.
(1) The certificate debtor may, within thirty days from the service of the notice required by Section 7, or, where the notice has not been duly served then within thirty days from the execution of any process for enforcing the certificate, present to the Certificate Officer in whose office the certificate is filed, or to the Certificate Officer who is executing the certificate a petition, in the prescribed form, signed and certified in the prescribed manner, denying his liability, in the whole or in part.
(2) If any such petition is presented to a Certificate Officer other than the Certificate Officer in whose office the original certificate is filed, it shall be sent to the latter officer for disposal.
The Certificate Officer in whose office the original certificate is filed shall hear the petition, take evidence (if necessary) and determine whether the certificate debtor is liable for the whole or any part of the amount for which the certificate was signed; and may set aside, modify or vary the certificate accordingly:
Provided that if the Certificate Officer, is not the Collector and considers that the petition involves a bona fide, claim of right to property he shall refer the petition to the Collector for orders; and the Collector if he satisfied that a bona fide claim of right of property is involved, shall make an order cancelling the certificate.
A certificate filed under Section 4 or Section 6 may be executed by—
(a) the Certificate officer in whose office the original certificate is filed, or
(b) the Certificate Officer to whom a copy of the certificate is sent for execution under Section 12, sub-section (1).
(1) A Certificate Officer in whose office a certificate is filed, may send a copy thereof, for execution to any other Certificate Officer in the same district or to the Collector of any other district.
(2) When a copy of a certificate is sent to any such officer, he shall cause it to be filed in his office, and thereupon the provisions of Section 8 with respect to certificate filed in the office of a Certificate Officer apply as if such copy were an original certificate:
Provided that it shall not be necessary to serve a second notice and copy under Section 7.
No step in execution of a certificate shall be taken until the period of thirty days has elapsed since the date of the service of the notice required by Section 7, or when a petition has been duly filed under Section 9, until such petition has been heard and determined :
Provided that if the Certificate Officer in whose office a certificate is filed is satisfied that the certificate debtor is likely to conceal, remove or dispose of the whole or any part of such of his movable property as would be liable to attachment in execution of a decree of a Civil Court, and that the realization of the amount of the certificate would in consequence be delayed or obstructed, he may at any time direct, for reasons to be recorded in writing an attachment of the whole or any part of such movable property.
Subject to such conditions and limitations as may be prescribed, a Certificate Officer may order execution of a certificate—
(a) by attachment and sale, or by sale (without previous attachment), of any property or
(b) by attachment of any decree, or
(c) by arresting the certificate debtor and detaining him in the civil prison; or
(d) by any of the methods mentioned in Clauses (a), (b) and (c).
Explanation to Clause (d).—The Certificate Officer may, in his discretion refer execution at the same time against the person and property of the certificate debtor.
Where a revenue paying estate or any share therein is liable to sale in execution of a certificate, such sale may be held either—
(a) by the Certificate Officer exercising jurisdiction in the district to the revenue-roll of which the estate or share appertains; or
(b) by the Certificate Officer exercising jurisdiction in the district in which such estate or share is situated.
There shall be recoverable in he proceedings in execution of every certificate filed under this Act-f
(a) interest upon the public demand to which the certificate relates, at the rate of six and a quarter per centum per annum from the date of the signing of the certificate up to the date of realization;
(b) such cost as are directed to be paid under Section 45; and
(c) all charges incurred in respect of:
(i) the service of notice under Section 7 and of warrants and other processes; and
(ii) all other proceedings taken for realising the demand. Attachment
Property liable to attachment and sale in execution of a decree of Civil Court may be attached and sold in execution of a certificate under this Act.
Where an attachment has been made in execution of a certificate any payment to the certificate debtor of any debt, dividend or other moneys, contrary to such attachment, shall be void as against all claims enforceable under the attachment.
(1) The attachment of a Civil Court decree for the payment of money or for sale in enforcement of a mortgage or charge shall be made by the issues to the Civil Court of a notice requesting the Civil Court to stay the execution of the decree unless and until—
(i) the Certificate Officer cancels notice; or
(ii) the certificate holder or the certificate debtor applies to the Court receiving such notice to execute the decree.
(2) Where a Civil Court receives an .application under Clause (ii) of sub-section (1), it shall on the application of the certificate holder or the certificate debtor, and subject to the provisions of the Code of Civil Procedure, 1908, proceed to execute the attached decree and apply the net proceeds in satisfaction of the certificate.
(3) The certificate holder shall be deemed to be the representative of the holder of attached decree, and to be entit
(1) Where property is sold in execution of a certificate there shall vest in purchaser merely the right, title and interest of the certificate debtor at the time of the sale, even though the property itself be specified.
(2) Where immovable property is sold in execution of certificate, and such sale has become absolute, the purchasers right title and interest shall be deemed to have vested in him from the time when the property is sold, and not from the time when the sale becomes absolute.
(3) Notwithstanding anything contained in sub-section (1), in areas in which Chapter XIV of the Bengal Tenancy Act, 1885 (VII of 1885) is in force, where a tenure or holding is sold in execution of a certificate for arrears of rent due in respect thereof, the tenure or holding shall, subject to the provisions of Section 22 of the Act, pass to the purchaser subject to the interests defined in that Chapter as “protected interests” but wit
(1) No suit shall be maintained against any person claiming title under a purchase certificate certified by the Certificate Officer in such manner as may be prescribed on the ground that the purchase was made on behalf of the plaintiff or on behalf of some on through whom the plaintiff claims.
(2) Nothing in this section shall bar a suit to obtain a declaration that the name of the any purchaser certified as aforesaid was inserted in the certificate fraudulently or without the consent of the real purchaser, or interfere with the right of a third person or proceed against that property though ostensibly sold to the certified purchaser on the ground that it is liable to satisfy a claim of such third person against the real owner.
Setting aside sale
(1)Where immovable property has been sold in execution of a certificate the certificate debtor, or any person whose interests are affected by the sale may at any time within thirty days from the date of the sale, apply to the Certificate Officer to set aside the sale, on his depositing—
(a) for payment to the certificate holder, the amount specified in the proclamation of a sale as that for the recovery of which the sale was ordered, with interest thereon at the rate of twelve and a half per centum per annum calculated from the date of the certificate to the date when the deposit is made;
(b) for payment to the purchaser as penalty a sum equal to five per cent of the purchase money, but not less than one rupee; and
(c) for payment to the Collector (where the certificate is for a public demand payable to the Collector), such outstanding charges due to the Government under any law for the time b
(1) Where immovable property has been sold in execution of a certificate, the certificate holder, the certificate debtor, or any person whose interests are affected by the sale may, at any time .within sixty days from the date of sale, apply to the Certificate Officer to set aside the sale on the ground of a material irregularity in the certificate proceeding or conducting the sale:
Provided as follows:
(a) no sale shall be set aside on any such ground unless the Certificate Officer is satisfied that the application has sustained substantial injury by reason of the non-service or irregularity; and
(b) an application made by a certificate debtor under this section shall be disallowed unless the applicant either deposits the amount recoverable from him in execution of the certificate or satisfies the Certificate Officer that he is not liable to pay such amount.
(2) Notwithstandi
The purchaser at any sale of immovable property in execution of a certificate may, at any time within sixty days from the date of sale, apply to the Certificate Officer to set aside the sale on the ground that the certificate debtor had no salable interest in the property sold or that the property did not exist at the time of the sale.
(1) Where no application is made under Sections 22, 23 or 24 where such an application is made and disallowed, the Certificate Officer shall make an order confirming the sale, and thereupon the sale shall become absolute.
(2) Where such an application is made and allowed, and where, in the case of an application under Section 22 the deposit required by that section is made within thirty days from the date of the sale, the Certificate Officer shall make an order setting aside the sale :
Provided that no order shall be made unless notice of the application has been given to all persons affected thereby.
Disposal of proceeds or execution
(1) Whenever assets are realised, by sale or otherwise in execution of a certificate, they shall be disposed of in the following manner:
(a) there shall first be paid to the certificate holder the costs incurred by him;
(b) there shall, in the next place, be paid to the certificate holder the amount due to him under the certificate in execution of which the assets were realised.
(c ) if there remains a balance after these sums have been paid, there shall be paid to the certificate holder therefrom any other amount recoverable under the procedure provided by this Act which may be due to him upon the date on which the assets were realised; and
(d) the balance (if any) remaining after the payment of the amount (if any) referred to in Clause (c) shall be paid to the certificate debtor. If the certificate debtor disputes any claim made by the certificate holder to receive any amoun
(1) If the purchaser of any immovable property sold in execution of a certificate is resisted or obstructed by any person in obtaining possession of the property, he may apply to the Certificate Officer.
(2) The Certificate Officer shall fix a day for investigating the matter, and shall summon the party against whom the application is made to appear and answer the same.
(1) If the Certificate Officer is satisfied that the resistance or obstruction was occasioned without any just cause by certificate debtor or by some person on his behalf, he shall direct that the applicant be put into possession of the property; and if the applicant is still resisted or obstructed in obtaining possession, the Certificate Officer may also, at the instance of the applicant, order the certificate debtor or such other person to be detained in the civil prison for a term which may extend to thirty days.
(2) If the Certificate Officer is satisfied that the resistance or obstruction was occasioned by any person (other than the certificate debtor) claiming in good faith to be in possession of the property on his own account or on account of some person other than the certificate debtor, the Certificate Officer shall make an order dismissing the application.
A certificate debtor may be arrested in execution of a certificate at any hour and on any day, except as provided in Section 47, and when so arrested, shall as soon as practicable, be brought before the Certificate Officer; and his detention may be in the civil prison of the district in which the Certificate Officer ordering the detention exercise jurisdiction, or, where such civil prison does not afford suitable accommodation, in any other placed which the State Government may appoint for the detention of persons ordered by the Civil Courts of such district to be detained :
Provided that, if the certificate debtor pays the amount entered in the warrant of arrest as due under the certificate, and the cost of the arrest, to the officer arresting him, such officer shall at once release him.
(1) The Collector may order the release of a certificate debtor who has been arrested in execution of a certificate upon being satisfied that he has disclosed whole of his property and has placed it at the disposal of the Certificate Officer and that he has not committed any act of bad faith.
(2) If the Certificate Officer has ground for believing the disclosure made by a certificate debtor under sub-section (1) to have been untrue, he may order the re-arrest of the certificate debtor in execution of the certificate but the period of his detention in the civil prison shall not in the aggregate exceed that authorised by Section 31, sub-section (1).
(1) Every person detained in the civil prison in execution of a certificate may be so detained—
(a) where the certificate is for a demand of an amount exceeding fifty rupees, for a period of six months, and
(b) in any other case, for a period of six weeks : Provided that he shall be released from such detention—
(i) on the amount mentioned in the warrant for his detention being paid to the officer-in-charge of the civil prison, or
(ii) on the certificate being otherwise fully satisfied, or cancelled, or
(iii) on the request of the person (if any) on whose requisition the certificate was filed or of the Collector; or
(iv) on the omission by the person (if any) on whose requisition the certificate was filed to pay the subsistence allowance fixed by the Certificate Officer:
Provided also that he
(1) At any time after a warrant for the arrest of a certificate debtor has been issued, the Certificate Officer may cancel it on the ground of his serious illness.
(2) Where a certificate debtor has been arrested the Certificate Officer may release him, if, in the opinion of the Certificate Officer, he is not in a fit state of health to be detained in the civil prison.
(3) Where a certificate debtor has been committed to the civil prison, he may be released therefrom—
(a) by the Collector, on the ground of the existence of any infectious or contagious disease, or
(b) by the Certificate Officer, or the Collector on the ground of his suffering from any serious illness.
(4) A certificate debtor released under this section may be re-arrested, but the period of his detention in the civil prison shall not in the aggregate exceed that authorised by Sectio
Notwithstanding anything in this Act, Certificate Officer shall not order the arrest or detention in the civil prison of—
(a) a woman; or
(b) any person who, in his opinion, is a minor or of unsound mind.
The certificate debtor may, at any time within six months—
(1) from the service upon him of the notice required by Section 7; or
(2) if he lies, in accordance with Section 9, a petition denying liability from the date of the determination of the petition; or
(3) if he appeals, in accordance with Section 51, from an order passed under Section 13 from the date of decision of such appeal,
bring a suit in a Civil Court to have the certificate cancelled or modified and for any further consequential relief to which he may be entitled “ Provided that no such suit shall be entertained—
(a) in any case, if the certificate debtor has omitted to file, in accordance with Section 9, a petition denying liability or to state in his petition denying liability, the ground upon which he claims to have the certificate cancelled or modified and cannot satisfy th
(1) No certificate duly filed under this Act shall be cancelled by a Civil Court, except on one of the following grounds, namely:
(a) that the amount stated in the certificate was actually paid or discharged before the signing of the certificate;
(b) that no part of the amount stated in the certificate was due by the certificate debtor to the certificate holder; or
(c) that, in case of fines imposed, or costs, charges, expenses damages, duties or fees adjudged, by a Collector or a public officer under any law or any rule having the force of law, the proceedings of such Collector or public officer were not in substantial conformity with the provisions of such law or rule, and that in consequence the certificate debtor suffered substantial injury from some error, defect or irregularity in such proceedings.
(2) No certificate duly filed under this Act shall be modified by a Civil
Notwithstanding anything hereinbefore contained a sale of immovable property in execution of a certificate shall not be held to be void on the ground that the notice required by Section 7 has not been served; but a suit may be brought in a Civil Court to recover possession, of such property or to set aside such sale on the ground that such notice has not been served, and that the plaintiff has sustained substantial injury by reason of the irregularity :
Provided that no such suit shall be entertained—
(a) if instituted more than one year from the date on which possession of the property was delivered to the purchaser, or
(b) if the certificate debtor has made appearance in the certificate proceeding or has applied to the Certificate Officer under Section 22 or Section 23 to set aside the sale.
Except as otherwise expressly provided in his Act, every question between the certificate holder and the certificate debtor, or there representatives, relating to the making execution discharge or certification of a certificate duly filed under this Act, or relating to the confirmation of setting aside by an order under this act, of a sale held in execution of such certificate, shall be determined not by a suit, but by order to the Certificate Officer before whom such question arises or of such other Certificate Officer as he may determine :
Provided that a suit may be brought in Civil Court in respect of any such question upon the ground of fraud.
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.
(1) The Commissioner may, after previous publication and with the previous sanction of the State Government, make rules regulating the procedure to be followed by person making requisitions under Section 5 and by Collector and Certificates Officer 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, 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 or requisitions made under Section 5;
(b) the Certificate Officers to whom such requisitions should be addressed;
(c) the case in which such requisitions shall not be chargeable with a fee;
(d) the service of notices issu
(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 shall be construed as referring to that Schedule as for the time being amended by such rules.
Where the Certificate Officer is satisfied that the certificate debtor is a minor or of unsound mind, he shall in any proceeding under this Act, permit him to be represented by any suitable person.
No certificate shall cease to be in force by reason of—
(a) the property to which the demand relates ceasing to be under the charge of management of the Court of Wards of the revenue-authorities;
(b) the death of the certificate holder.
Where a certificate debtor dies before the certificate has been fully satisfied, the Certificate Officer may, after serving upon the legal representative of the deceased a notice in the prescribed form, proceed to execute the certificate against such legal representative; and the provisions of this Act shall apply as if such legal representative were the certificate debtor and as if such notice were a notice under Section 7:
Provided that where the certificate is executed against such legal representative, he shall be liable only to the extent of the property of the deceased which has come to his hands and has not duly disposed of; and tor the purpose of ascertaining such liability, the Certificate Officer executing the certificate, may, of his own motion or on the application of the certificate holder, compel, such legal representative to produce such accounts as the Certificate Officer thinks fit.
(1) The Certificate Officer shall cancel any certificate at the request of the certificate holder.
(2) The Certificate Officer may cancel any certificate filed under Section 6 if the certificate holder is not reasonably diligent.
Subject to such limitations as may be prescribed, the award of any costs of and incidental to any proceeding under this Act shall be in the discretion of the officer presiding, and he shall have full power to direct by whom and to what extent such costs shall be paid.
If the Certificate Officer is satisfied that any requisition under Section 5 was made without reasonable cause, he may award to the certificate debtor such compensation as the Certificate officer thinks fit; and the amount so awarded shall be recoverable from the certificate holder under the procedure provided by this Act for the recovery of costs.
(1) No person executing any warrant of arrest issued under this Act directing or authorising the attachment of movable properly shall enter any dwelling-house after sunset or before sunrise.
(2) No outer door of a dwelling house shall be broken open unless dwelling-house or a portion thereof is in the occupancy of the certificate debtor and he or any other occupant of the house refuses or in any way prevents access thereto; but when the person executing any such warrant or other process has duly gained access to any dwelling house, he may break open the door of any room and enter, if he has reason to believe that entering into the room is necessary in order to enable him to execute the process.
(3) Where a room in a dwelling-house is in the actual occupancy of a woman who according to the customs of the country, does not appear in public, the person executing the process shall give notice to her that she is at liberty to
Every Collector, Certificate Officer, Assistant Collector or Deputy Collector acting under this Act, and every servant of the Government making a requisition under Section 5, shall, in the discharge of his functions under this Act, be deemed to be acting judicially within the meaning of the Judicial Officer’s Protection Act, 1850.
Every Collector, Certificate Officer, Assistant Collector or Deputy Collector acting under this Act shall have the powers of a Civil Court for purposes of receiving evidence, administering oaths, enforcing the attendance or witnesses and compelling the production of documents.
All Certificate Officers (not being Collectors), Assistant Collectors and Deputy Collectors shall in the performance of their duties under this Act, be subject to the general supervision and control of the Collector.
(1) An appeal from any original order made under this Act shall lie —
(a) if the order was made by an Assistant Collector or a Deputy Collector or by a Certificate Officer not being the Collector— to the Collector; or
(b) if the order was made by the Collector— to the Commissioner:
Provided that no appeal shall lie from any order made under Section 22.
(2) Every such appeal must be presented, in case (a) within fifteen days, or in case (b), within thirty days, from the date of the order.
(3) The Collector may, by order, with the previous sanction of the Commissioner, authorise —
(i) any Sub-Divisional Officer; or
(ii) any officer appointed under Clause (3) of Section 3;
to perform the functions of a Certificate Officer to exercise the appellate powers of the Collector under sub-sec
No appeal shall lie from an order of a Collector, or any officer authorised under Section 51, sub-section (3), hen passed on appeal.
The Collector may revise any order by a Certificate Officer, Assistant Collector or Deputy Collector under this Act.
The Commissioner may revise any order passed by a Collector under this Act.
And the State Government may revise any order passed by a Commissioner under this Act.
Legal Comments
Introduction - Section 53 of the Bengal Public Demands Recovery Act, 1913 empowers the Commissioner to revise any order passed by a Collector under the Act; it functions as a statutory revision remedy aimed at correcting errors, with a strong preference for a prior appeal. [N. C. MUKHERJEE VS UNION OF INDIA (UOI)]
What Section Says - The core provision grants the Commissioner power to revise Collector’s orders under the PDRA; the statutory design contemplates appellate avenues first, with revision as a secondary remedy where an appeal is not available. [N. C. MUKHERJEE VS UNION OF INDIA (UOI)]
Essential ingredients - The essential triggers for invoking Section 53 include: (i) an order by a Collector under the PDRA, (ii) an application for revision to the Commissioner (or equivalent Revising Authority), and (iii) exhaustion or non-availability of an effective appeal. Substantively, revision is not a substitute for an available appeal. [Inspector of Co. operative Societies, Jorhat Circle VS Golok Chandra Khaund ], [N. C. MUKHERJEE VS UNION OF INDIA (UOI)]
Scope of Section - Section 53 contemplates revising orders made under the PDRA by the Commissioner (and by extension the Board of Revenue in some contexts), as opposed to creating a parallel appellate track; it has been interpreted in various cases to cover revisional proceedings by Revenue authorities at successive tiers. [Inspector of Co. operative Societies, Jorhat Circle VS Golok Chandra Khaund ], [Sethani Chhoti Debi VS UNION OF INDIA]
Procedure and sequencing - The prevailing practice illustrated in case law is: pursue an appeal first under Section 51, and resort to revision under Section 53 only if an appeal is not available or exhausted; courts emphasize not truncating the statutory sequence. [HAZI SIDDIQUE VS CERTIFICATE OFFICER, BURDWAN]
Interplay with higher courts - Courts have cautioned against allowing Section 53 revisions to substitute for ordinary appellate remedies; the High Court will not lightly interfere with the exercise of discretion by the Collector or Commissioner in revision unless the discretion is improperly or arbitrarily exercised. [HAZI SIDDIQUE VS CERTIFICATE OFFICER, BURDWAN]
Jurisdictional limits for revision - It is settled that, as a matter of statutory structure, the Revenue Tribunal does not sit as the revising authority under Section 53; the revising powers lie with the Commissioner (and, in some contexts, the Board of Revenue), highlighting a vertical chain of revisional review rather than a horizontal tribunal-like revision. [Sethani Chhoti Debi VS UNION OF INDIA]
Practical implications from Balodev Khaund (Assam) - In Balodev Khaund v. Registrar, the Assam/Assam-like application of Section 53 led to a remand to the Board of Revenue to resolve questions such as limitation; the decision demonstrates that revision can trigger fresh consideration by higher authorities and potentially remand for proper adjudication. [Inspector of Co. operative Societies, Jorhat Circle VS Golok Chandra Khaund ]
Revenue Tribunal’s role clarified - The Assam matter and related Calcutta-line authorities show that the Revenue Tribunal’s authority to “revise” is constrained; revision under Section 53 is a function of the Commissioner/Board, not a general appellate power of tribunals. [Inspector of Co. operative Societies, Jorhat Circle VS Golok Chandra Khaund ], [Sethani Chhoti Debi VS UNION OF INDIA]
remedy hierarchy and final outcomes - In several leading cases, the remedy chosen under Section 53 has resulted either in remand to the Board of Revenue or in a formal revision by the Commissioner, with the aim of correcting legal defects or procedural flaws, rather than re-litigating merits afresh. [Inspector of Co. operative Societies, Jorhat Circle VS Golok Chandra Khaund ], [N. C. MUKHERJEE VS UNION OF INDIA (UOI)]
Relation to validity of certificates and notices - While Section 53 governs revisions of orders, cases often discuss the validity of the underlying certificates/notices (and even the validating Acts) in tandem; however, the core revisional power remains separate and is exercised only as permitted by the PDRA and its rules. See discussions on Section 53 alongside validity/revision themes. [N. C. MUKHERJEE VS UNION OF INDIA (UOI)], [Ajit Kumar Ganguli VS UNION OF INDIA]
Interplay with Article 226 (Judicial review) - Courts acknowledge that, where revision is sought, the suitable route may still invite scrutiny under Article 226, but they emphasize that the revisional route is governed by statutory preconditions; interference by the High Court is permissible only for improper exercise of discretion, not as a de facto substitute for revision. [HAZI SIDDIQUE VS CERTIFICATE OFFICER, BURDWAN]
Essential limitation on scope - The revisional power under Section 53 is not a general re-hearing of all issues; it targets errors in law or misapprehension of facts in the order of the Collector, and is constrained by the statutory framework and the availability of an appellate remedy. [N. C. MUKHERJEE VS UNION OF INDIA (UOI)], [Sethani Chhoti Debi VS UNION OF INDIA]
Certificate proceedings and formality considerations - In the PDRA context, the validity of certificates/notices can be attacked on certain grounds, but Section 53 review does not automatically cure all formality defects; the appropriate remedy must align with statutory procedures, including the validating provisions where applicable. [N. C. MUKHERJEE VS UNION OF INDIA (UOI)], [Ajit Kumar Ganguli VS UNION OF INDIA]
Revenue authorities and jurisdictional limits on revising orders - The jurisprudence consistently emphasizes that revision under Section 53 is a statutory remedy to be exercised by the Commissioner/Board, not by a general “super-revision” by any revenue officer; improper attempts to revise by other bodies can be set aside. [Sethani Chhoti Debi VS UNION OF INDIA], [Inspector of Co. operative Societies, Jorhat Circle VS Golok Chandra Khaund ]
Practical takeaway for practitioners - When facing a PDRA order, counsel should first pursue Section 51 appeal; if unavailably, then pursue Section 53 revision before the appropriate Revising Authority, while keeping in view the court’s caution about proper exercise of discretion and the potential for remand rather than outright reversal. [HAZI SIDDIQUE VS CERTIFICATE OFFICER, BURDWAN], [Inspector of Co. operative Societies, Jorhat Circle VS Golok Chandra Khaund ]
Notable jurisprudential trend - The line of decisions illustrates a consistent preference for preserving the statutory remedial sequence (appeal first, revision second) and for ensuring that revisory powers do not substitute for standard appellate review; where revision is permissible, outcomes frequently involve remand or corrective adjudication by the revising authority. [N. C. MUKHERJEE VS UNION OF INDIA (UOI)], [Inspector of Co. operative Societies, Jorhat Circle VS Golok Chandra Khaund ]
Conclusion - Section 53 serves as a focused, limited revisional remedy within the Bengal PDRA framework, designed to correct errors in Collector-level orders, with clear prerequisites (availability of an appeal, proper authority, and proper exercise of discretion) and with a judiciary that safeguards the integrity and sequencing of remedies. [N. C. MUKHERJEE VS UNION OF INDIA (UOI)], [HAZI SIDDIQUE VS CERTIFICATE OFFICER, BURDWAN], [Inspector of Co. operative Societies, Jorhat Circle VS Golok Chandra Khaund ]
Any order passed under this Act may, after notice to all persons interested, be reviewed b the officer who made the order or by his successor in office, on account of mistake or error either in the making of the certificate or in the course of any proceeding under this Act.
The powers given by this Act shall be deemed to be in addition to and not in derogation of any powers conferred by any other Act now in force for the recovery o any due, debt or demand to which the provisions of this Act are applicable ; and, except where expressly so provided, no legal remedy shall be affected by this Act.
1— (1) Sections 6 to 9 of the Indian Limitation Act, 1908#2;, shall not apply to suits, appeals or applications under this Act.
(2) Except as declared in sub-section (1), the provisions of the Indian Limitation Act, 1908#2;, shall apply to the proceedings under this Act as if a certificate filed hereunder were a decree of a Civil Court.
A Certificate Officer shall be deemed to be a Court, and any proceeding before him shall be deemed to be a civil proceeding within the meaning of Section 14 of the Indian Limitation Act, 1908 (IX of 1908).#2;
Whoever fraudulently removes, conceals, transfers or delivers to any person any property or any interest therein, intending thereby to prevent that property or interest therein from being taken in execution of a certificate, shall be deemed to have committed an offence punishable under Section 206 of the Indian Penal Code (XLV of 1860).
(1) Any Certificate Officer may, by written order, authorise any ministerial officer to sign, on behalf of the Certificate Officer, any copy, issued by the Certificate Officer under this Act, of any document referred to therein.
(2) The State Government may, by notification in the official Gazette empower Certificate Officers to authorise ministerial officers, by written order, to sign on behalf of Certificate Officers any classes of original notices, summons or proclamations issued by Certificate Officers, under this Act which are specified in such notification.
SCHEDULE I
[See Sections 3(6) and 34(b)]
PUBLIC DEMANDS
1. Any arrears of revenue which remarks due to the following circumstances, namely:
When under the provisions of the Bengal Land Revenue Sales Act, 1859 (XI of 1859) or the Bengal Land Revenue Sales Act, 1868, (VII of 1868) or any other law for the time being in force, an estate or tenure, or any share of an estate or tenure, which has been sold for the recovery of arrears of revenue due thereupon, and, after deducting the expenses of such sale, the balance of sale proceeds remaining is insufficient to liquidate the arrears of revenue in discharge of which such sale proceeds may, under the said provisions, be applied.
2. Any arrear of revenue which is due from a farmer on account of an estate held by him in farm and is not paid on the last day of payment fixed under Section 3 of the said Bengal Land
SCHEDULE II
[See Section 38]
Signature and verification of requisitions for verification
1. Signature and verification or requisition for certificates.—(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 an the requisition is actually due.
(3) The verification shall be signed by the person making it, and shall state the date in which it is signed.
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 authorises in this behalf and sealed w
FORM No. 1
[See Sections 4 and 6]
[To be filed in the office of the Certificate Officer of.......(name of district)]
FORM No. 2
Requisition of a Certificate
[See Section 5]
FORM No. 3
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 this day 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 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
FORM NO. 4
Petition denying liability
[See Section 9]
To
The Certificate Officer of.........
The humbler 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 Sections ....... 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 of part is admitted, denies his liability to pay more than Rs...........), and this is 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
FORM No. 5
Notice to show cause why sale should not be set aside
[See Proviso to Section 25(2)]
To
Whereas the under-mentioned property was sold on the..........day of........19......., in execution of Certificate No......., dated the ......... 19........ 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.........19.....when the said application will be heard and determined.
Given under the seal of the Court, this........day of..........19….
Description of Property:
Certificate O
FORM No. 6
Summons to appear and answer charge of obstructing execution of certificate
[See Section 27(2)]
Certificate No..........of 19........
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........19 ........at..........a.m., to answer the said complaint.
Given under the seal of the Court, this.........day of...... 19....
Certificate Officer.
FORM No. 7
Warrant of committal
[See Section 23]
The Officer-in-charge of the Civil Prison at..........
Whereas, the under mentioned property has been sold to the purchaser at auction sale in execution of certificate case No..........dated......... 19...... 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.........into the civil prison and to keep him imprisoned therein for the period of........days.
Given under the seal of the Court, this........day of.......19…..
Certificate Officer
FORM No. 8
Warrant of arrest
[See Section 29]
To
Whereas a certificate No.........was filed in this office on the…….19….. under Section.....of 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:
Rs. a. p.
Original demand
Interest
Cost of 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 execution this process, to bring him before the Cou
FORM No. 9
Order committing certificate debtor to the civil prison
[See Section 29]
To
The Officer-in-charge of the Civil Prison at........
Whereas..........., who has been brought before me this.....day of........19......under a warrant in execution of certificate No.......filed in this office on the.........19..., under Section........of the Bengal Public Demand 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 entitl
FORM No. 10
Order for the release of person imprisoned in execution of a certificate
[See Sections 31 and 32]
District….
Certificate No. of 19…
To
The officer-in-charge of the Civil Prison......at......
Under orders passed this day, you are hereby directed to set free…..certificate debtor, now in your custody.......
Dated this day of.......19.......
Certificate Officer.
FORM No. 11
Notice to legal representative of certificate debtor
[See Section 29]
To
(Name of 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.......19.........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 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, und
FORM No. 11A
Warrant of attachment of movable property
[See Sections 13 and 14]
To
Whereas a certificate No....... was filed in this office on ...... 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;
Rs. a. p.
Original Demand
Interest
Cost
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 attach the movable property of the said certificate debtor and unless the said certificate debtor shall pay to you the said sum of Rs. ……with
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 certificate debtor
[See Rule 18(l)(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 further order of this Court, from receiving from you*........to the said certificate debtor
namely.........
and that you, the said ........ be, and your are hereby prohibited and restrained, until the further order of.......this Court from**................. to any person whomsoever or otherwise than into this Court.
Given under the seal of the Court, this.......day of.....20.....
Certific
FORM No. 13
Attachment in Execution
Prohibitory order where the property consists of shares in the capital of a corporation
[See Rule 18 (1) (b)]
To
The.......certificate debtor......and to the 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 further order of this Court from making any transfer of.....share 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 of right of some other person to the immediate possession thereof
[See Rule 18 (l)(c)]
To
Whereas... 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 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 to th
FORM No. 15
Order to attach salary of Public Officer or servant of Railway Company or Local Authority
[See Rule 20]
To
Whereas... certificate debtor in certificate case No. .........of….... 20......is a#2; .... 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 allowances 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 allowances of the said.....in the 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......
FORM No. 16
Order of attachment of negotiable instrument
[See Rule 21]
To
The 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.
Give 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 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 further order of this Court.
I have the honour to be
Sir
Your most obedient servant,
Certificate Officer of.....
Dated the........day of......20…….
*Here state how the money is supposed to be in the hands of the person a
FORM No. 18
Notice to certificate holder
[See Rule 39]
Whereas......... has made application to the Court for the removal of attachment on........placed at your instance in execution of certificate No..........of 20....; this is to give your 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
FORM No. 19
Warrant of sale of property
[See Rule 44]
To
The............
These are to command you to sell by auction, after giving........ days previous notice, by affixing the same in this office, and after making the proclamation, the under-mentioned, property attached in execution of ....... 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 the reason why it has not been executed.
Given under the seal of the Court, this......day of.....20…...
Specification of proper
FORM No. 20
Notice of the day fixed for setting a sale for proclamation
[See Rule 46]
To
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.....19..., 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 interests is Rs........
Given under the seal of the Court, this........day of... 19....
Specification of property.......
Certificate Officer
FORM No. 21
Proclamation of sale
[See Rule 46]
FORM No. 22
Order on the Nazir for causing publication of proclamation of sale
[See Rule 47]
To
The Nazir of........
Whereas 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, you are hereby ordered to have the proclamation published by beat of drum within reach 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 proclamation ha
FORM No. 23
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 the re-sale 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 re-sale 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 the.......19......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(5)]
To
And to......, Secretary of.........Corporation.
Whereas ..........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 your are hereby prohibited from making any transfer of the said shares to any person except the said ............. the purchasers 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,
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
FORM No. 27
Certificate to certificate debtor authorising him to mortgage, lease or sell property
[See Rules 66]
Whereas in execution of certificate No........of.... 20..... an order was
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