Orissa Public Demands Recovery Act, 1962
(1) This Act may be called the Orissa Public Demands Recovery Act, 1962.
(2) It shall extend to the whole of Orissa.
(3) It shall come into force on such date as the State Government may, by notification, appoint.
In this, Act, unless the context otherwise requires-
(a) "arrear" shall include the whole or part of an instalment, if any, in respect of a public demand which is not paid on or before the due date for payment of such instalment;
(b) "certificate-debtor" means the person named as debtor in a certificate filed under this Act, and includes any person whose name is substituted or added as debtor by the Certificate Officer;
(c) "certificate-holder" means the Government or person in whose favour a certificate has been filed under the Act, and includes any person whose name is substituted or added as creditor by the Certificate Officer;
(d) "Certificate Officer" means a Collector, a Sub-divisional Officer, and any officer appointed by a Collector, with th
When the Certificate Officer is satisfied that any public demand payable to the Collector is due, he may sign an certificate in the prescribed form stating that the demand is due and shall cause certificate to be filed in his office.
CASE LAW :
Certificate - Filling up all the columns of the statutory form with details, necessary - Some columns are not properly filled in and some columns are left blank - Prejudicial to the certificate-debtor - Order for realisation of dues quashed - Service of certificate afresh with necessary correction, directed : ILR 1958 Cutt. 315 : 1974 (1) CWR 642.
(1) When any public demand payable to any person other than the Collector is due, such person may send to the Certificate Officer a written requisition in the prescribed form.
(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 a fee of the amount which would be payable under the Court-fees Act, 1870 (7 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.
(3) If after issue of a requisition under this section any payment towards or adjustment of or reduction in the certificate dues is made it shall be the duty of the Requisitioning Officer to intimate the Certificates Officer, as soon as possible, such payments, adjustment, or reduction, as the case may be.
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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 Sub-section (2) of Section 4 and shall cause the certificate to be filed in his office.
When a certificates had been filed in the office of a Certificate Officer under Section 3 or Section 5, he shall cause to be served upon the certificate-debtor, in the prescribed manner, a notice in the prescribed form and a copy of the certificate.
From and after the service of notice of any certificate under Section 6 upon a certificate-debtor -
(a) any private transfer or delivery of any of his immovable property situated in the district, or in the case of a revenue-playing estate, borne on the revenue roll of the district in which the certificate is filed or of any interest in 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 such property, to which every other charge created subsequently to the service of the said notice shall be postponed :
Provided that the Certificate Officer may, at any time for reasons to be recorded in writing direct an attachment of the whole or any part of the immovable
(1) The certificate-debtor may, within thirty days from the service of the notice required by Section 6 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 from, signed and verified in the prescribed manner, denying his liability only on the ground that -
(a) the certificate dues have been fully or partly paid; or
(b) the person on whom such notice has been served is not the person named as certificate-debtor in the certificate :
Provided that a certificate-debtor in respect of dues other than those in relation to which the liability under any
The Certificate Officer in whose office the original certificate is filed may after hearing the petition and taking evidence, if necessary, confirm, set aside, modify or vary the certificate as he deems fit.
CASE LAW :
Misappropriation of Govt. money - Disciplinary action taken - No clear finding of such misappropriation - Held, under such circumstance, certificate proceedings should not have been initiated : AIR 1976 Ori. 189 : 1976 CWR 227.
Subject to the law of limitation, the Certificate Officer may at any time and shall upon receipt of intimation, if any, under Sub-section (3) of Section 4 amend the certificate by addition, omission, or substitution of the name of any certificate-holder or certificate-debtor, or by alteration of the amount claimed therein, as the case may be :
Provided that when any such amendment is made, a fresh notice and copy shall be issued as provided in Section 6.
CASE LAWS :
Certificate Officer is to amend the certificate if so intimated by certificate-holder - When there has been alteration in the certificate, the Certificate Officer is bound to issue notice to the certificate-debtor so that he can exercise his right to challenge - Notice is to be served as provided under Section 6 of the Act : 1992
A certificate filed under Section 3 or Section 5 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 Sub-section (1) of Section 12.
(1) A Certificate Officer in whose office, a certificate is filed may send a copy thereof for execution, to any other Certificate Officer.
(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 7 with respect to certificates filed in the office of a Certificate Officer shall 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 6.
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 notice required by Sections 6 and 10 or, when a petition has been duly filed under Section 8, until such petition has been heard and determined :
Provided that where the whole or any part of the movable property of the certificate-debtor is liable to attachment under this Act, the Certificate Officer may, at any time for reasons to be recorded in writing direct an attachment of the whole or any part of such movable property.
CASE LAW :
Section 13 - No step in execution can be taken under Section 13 until petition under Section 8 of the Act is heard and determined - Proviso to Section 13 authorises attachment - But in that case reasons are to be recorded in writing
There shall be recoverable, in the proceedings in execution of every certificate filed under this Act -
(a) interest upon the public demand to which the certificate relates, at the rate of twelve and a half per centum per annum from the date of the signing of the certificate upto the date of realisation:
Provided that in cases where the Certificate Officer is satisfied that the certificate-debtor has made default in payment of the dues wilfully and without reasonable cause such interest may be charged at a rate not exceeding 1[eighteen] per centum per annum;
(b) such costs as are directed to be paid under Section 53; and
(c) all charges incurred in respect of -
(i) the service of notice under Section 6
Subject to such conditions and limitations as may be prescribed, a Certificate Officer may order execution of a certificate -
(a) by attachment and sale, if necessary, of any property or in the case of immovable property by sale without previous attachment; or
(b) by arresting the certificate-debtor and detaining him in the civil prison; or
(c) by both of the methods mentioned in Clauses (a) and (b).
Explanation - The Certificate Officer may, in his discretion, refuse execution at the same time against the person and property of the certificate-debtor.
(1) Notwithstanding anything contained in any other law or contract to the contrary, the Certificate Officer may at any time or from time to time, by notice in writing, a copy of which shall be forwarded to the certificate-debtor at his last address known to the Certificate Officer, require -(a) any person from whom any money is due or may become due to the certificate-debtor ; or
(b) any person who holds or may subsequently hold any money for or an account of the certificate-debtor.
to pay to the Certificate Officer either forthwith or upon the money becoming due or being held or at or within the time specified in the notice (not being before the money becomes due or is held) so much of the money as is sufficient to pay the amount due in respect of the certificate or the whole of the money when it is equal to or less than such amount.
Property liable to attachment and sale in execution of a decree of a Civil Court under Section 60 of the Code of Civil Procedure, 1908 (5 of 1908) may be attached and sold in execution of a certificate under this Act.
The State Government may, by general or special order published in the Gazette, declare that such portion of agricultural produce, or of any class of agricultural produce as may appear to the State Government to be necessary for the purpose of providing until the next harvest for the due cultivation of the land for the support of the certificate-debtor and his family shall, in the case of all agriculturists or of any class of agriculturists, be exempted from liability to attachment or sale in execution of a certificate.
Where an attachment has been made in execution of a certificate, any payment to the certificate-debtor of any debt, dividend or other money, contrary to such attachment, shall be void as against all claims enforceable under the attachment.
(1) Where any claim is preferred to or any objection is made to the attachment or sale of, any property in execution 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.
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 6, or
(b) in the case of movable property at the date of attachment.
he had some interest in, or was possessed of, the property attached.
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 6, 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 proper
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 or 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.
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.
(1) Where property is sold in execution of a certificate there shall vest in the 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 a certificate, and such sale has become absolute, the purchaser's 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 XVI of the Orissa Tenancy Act, 1913 (B. and O. Act 2 of 1913) 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 26 of the
(1) No suit shall be maintained, against any person claiming title under a purchase 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 one through whom the plaintiff claims.
(2) Nothing in this section shall bar a suit to obtain a declaration that the name of 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 to 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.
(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 sale for the recovery of which the sale was ordered, with interest thereon at the rate of six and a quarter per centum per annum, calculated from the date of the sale of the date when the deposit is made;
(b) for payment to the purchaser, as penalty, as sum equal to five per cent of the purchaser money but not less than on rupee; and
(c) for payment to the Collector (where the certificate is for a public demand payable to
(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 the sale, apply to the Certificate officer to set aside the sale, on the ground that notice was not served under Section 6 or on the ground of a material irregularly in the certificate proceedings or in publishing or conducting the sale :
Provided that -
(a) no sale shall be set aside on the ground of any such material irregularity unless the Certificate Officer is satisfied that the application has sustained substantial injury thereby; and
(b) In the case of an application by the certificate-debtor the Certificate Officer shall, before passing an order setting aside
The purchaser, at any sale of immovable property in execution of a certificate may, at any time within sixty days from the date of the sale, apply to Certificate Officer to set aside the sale on the ground that the certificate-debtor had no saleable interest in the property sold, or that the property did not exist at the time of the sale, or that the purchaser has suffered substantial injury owing to any misdescription in the sale proclamation of the interest of the certificate-debtor in the property sold.
CASE LAW :
Section 29 - Setting aside the sale - Grounds and scope indicated : AIR 1990 Ori. 149.
(1) Where no application is made under Section 27, 28 and 29 or where such an application is made and disallowed, the Certificate Officer shall make an order confirming the sale, and thereupon the sale shall, subject to the provisions of Sub-section (2) of Section 28, become absolute.
(2) Where such an application is made and allowed, and where in the case of an application under Section 27, the deposit required by that section is made within thirty days from the date of the sale, the Certificate officer shall made 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.
(1) Whenever assets are realised, by sale or otherwise in execution of a certificate, they shall be disposed off in the following manner, namely :
(a) there shall 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 upon 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) sh
(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 the certificate-debtor or by some person on his behalf, he shall direct that the applicant be put into possession of his 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 made an order dismissing the application.
(1) Where any person, other than the certificate-debtor, is dispossessed by the purchaser of immovable property which had been sold in execution of a certificate he may make an application to the Certificate Officer complaining of such dispossession.
(2) The Certificate Officer shall thereupon fix a day for investigating the matter and shall summon the party against whom the application is made to appear and answer the same.
Where the Certificate Officer is satisfied that the applicant was in possession of the property on his own account or on account of some person other than the certificate-debtor, he shall direct that the applicant be put into possession of the property.
Any person, not being certificate-debtor, against whom an order is made under Section 35 or Sub-section (2) of Section 33 may institute a suit in a Civil Court to establish the right which he claims to the present possession of the property; but subject to the result of such suit, if any the order shall be conclusive.
(1) No order for the arrest and detention in civil prison of a certificate-debtor in execution of a certificate shall be made unless the Certificate Officer has issued and served a notice upon the certificate-debtor calling upon him to appear before him on a day to be specified in the notice and to show cause why he should not be committed to civil prison, and unless the Certificate Officer, for reasons recorded in writing, is satisfied -
(a) that the certificate-debtor, with the object or effect of obstruction or delaying the execution of the certificate has, after the filing of the certificate in the office of Certificate Officer, dishonestly transferred, concealed, or removed any part of his property; or
(b) that the certificate-debtor has or had since the date of the filing of the certificate, the means to pay the amount for which th
(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 the 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 in 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 specified in Sub-section (1) of Section 39.
Provided that if such order is passed by the Certificate Officer other than the Collector, the previous sanction of the Collector shall be necessary.
(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 two hundred and 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 release 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
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(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 serious illness of the certificate-debtor.
(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 of 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 c
- Notwithstanding anything in this Act, the 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, subject to the provisions of any other law for the time being in force, at any time within six months -
(1) from the service upon him of the notice required by Section 6; or
(2) If he has filed under Section 8, a petition denying liability from the date of the determination of the petition; or
(3) if he has filed an appeal under Section 60 from an order passed under Section 9 from the date of the 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 entitled :
Provided that no such suit shall be entertained -
(a) where the relief prayed for is merely on any one or more of
(1) No certificate duly filed under this Act shall be cancelled by a Civil Court, except on any one or more 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 the 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 irre
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 6 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 :
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 27 to set aside the sale.
Except as otherwise expressly provided in this Act, every question arising between the certificate-holder and the certificate-debtor, or their representatives, relating to the making, execution, discharge or satisfaction of a certificate duly filed under this Act, or relating to the confirmation or setting aside by an order under this Act, of a sale held in execution of such certificate shall be determined, not by suit, but by order of 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 a 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 Chapter.
(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 4 and by Collectors and Certificate Officer acting under this Act; and may, by such rules, after, add to or annual any of the rules in Schedule II.
(2) Such rules shall not be inconsistent with the provisions 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 4;
(b) the Certificate Officers to whom such requisition should be addressed;
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(1) Rules made under Section 47 shall be published in the 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 Scheduled II.
(2) All reference in this Act to the said Schedule II 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 his natural guardian or guardian appointed by a Court or in the absence of any such guardian 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 or management of the Court of Wards or the Revenue authorities; or
(b) the death of the certificate-holder.
(1) Where a certificate-debtor dies before the certificate has been fully satisfied, 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; 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 6 :
Provided that where the certificate is executed against such legal representative, he shall be liable only to the extent of the property of the deceased which has come to his hands and has not been duly disposed of; and for the purpose of ascertaining such liability, the Certificate Officer executing the certificate may of his own motion or on the application of the certificate-holde
(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 5 if the certificate-holder is not reasonably diligent.
Subject to such limitation as may be prescribed, the award of any costs of, and incidental to, any proceeding under this Act including costs occasioned by adjournment of any such proceedings at any stage thereof, shall be in the discretion of the officer presiding, and he shall have full power to directly whom and to what extent such costs shall be paid.
If the Certificate Officer is satisfied that any requisition under Section 4 was made without reasonable cause, he may award to the certificate-debtor such compensation as the Certificate Officer thinks fit and the amount so awarded shall be recoverable from the certificate-holder under the procedure provided by this Act for recovery of costs.
(1) When the order of a Certificate Officer is set aside or modified by reason of any order passed under Section 60, 61 or 62 the Certificate Officer shall have full power to give effect to such order and may for that purpose direct that the certificate-debtor shall be resorted to possession of the property sold in consequence of the order so set aside or modified, or receive such compensation from the certificate-holder as the Certificate Officer may think fit, and such compensation shall be recoverable as a public demand.
(2) An order passed under Sub-section (1) shall for the purposes of Section 60 be deemed to be an original order.
(1) No person executing any warrant of arrest issued under this Act, or any process issued under this Act directing or authorising the attachment of movable property, shall enter any dwelling-house after sunset or before sunrise.
(2) No outer door of a dwelling-house shall be broken open unless the dwelling-house or a portion thereof is in the occupancy of the certificate-debtor and he or any other occupant of the house refuses or in any way prevents access thereto; but, when the person executing any such warrant or other process has duly gained access to any dwelling-house he may break open the door of any room and enter, if he has reason to believe that entering into the room is necessary in order to enable him to execute the process.
(3) Where a room in a dwelling-house is in the actual occupancy of a woman who, according to the cus
Every Collector, Certificate Officer, Assistant Collector, Deputy Collector or Sub-Deputy Collector acting under this Act, and every Government officer making a requisition under Section 4, shall, in the discharge of his functions under this Act, be deemed to be acting judicially within the meaning of the Judicial Officers' Protection Act, 1850 (18 of 1850).
Every Collector, Certificate Officer, Assistant Collector, Deputy Collector, Sub-Deputy Collector acting under this Act, shall have the powers of a Civil Court for the purposes of receiving evidence administering oaths, enforcing the attendance of witnesses and compelling the production of documents.
All Certificates Officers (not being Collectors), Assistant Collectors, Deputy collectors and Sub-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 a Certificate Officer below the rank of an Additional District Magistrate, to the Additional District Magistrate;
(b) if the order was made by an Additional District Magistrate, to the Collector;
(c) if the order was made by a Collector, to the Revenue Divisional Commissioner :
Provided that no appeal shall lie from an order setting aside a sale on an application made under Section 27.
(2) Every such appeal shall be presented within thirty days from the date of the order appealed against.
(3) Pending the decision of any appeal, execution may be stayed if the ap
An order passed in an appeal under Section 60 may be revised by -
(a) if the order was passed by an Additional District Magistrate or by a Collector, the Revenue Divisional Commissioner;
(b) if the order was passed by a Revenue Divisional Commissioner, the Board of Revenue :
Provided that where the certificate-debtor makes an application under this section for revision of any appellate order, no such application shall be entertained unless he has paid all amounts due under the certificate to the Certificate Officer, whether or not, under protest made in writing at the time of payment, and produces a certificate from the Certificate Officer showing such payment to have been made.
Any order passed under this Act may, after notice to all persons interested, be reviewed by the officer who made the order, or by his successor-in-office, on account of mistake or error either in the making of the certificate or in the course of any processing 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 for the time being in force for the recovery of any due, debt or demand to which the provisions of the this Act are applicable; and, save as otherwise expressly provided, no legal remedy shall be affected by this Act.
(1) Sections 6 to 9 of the Limitation Act, 1963 (36 of 1963) shall not apply to suits, appeals or applications under this Act.
(2) Except as declared in Sub-section (1), or as otherwise provided in this Act, the provisions of the Limitation Act, 1963 (36 of 1963) shall apply to all proceedings under this Act as if a certificate filed hereunder where a decree of a Civil Court.
The Orissa Public Demands Recovery Act, 1962, is a legislative framework designed to facilitate the recovery of public demands in the state of Orissa. It provides a streamlined process for the recovery of dues owed to the government, ensuring that public funds are collected efficiently.
Section 64 of the Act addresses the application of the Limitation Act, 1963, specifically stating that certain sections of the Limitation Act do not apply to suits, appeals, or applications under the Orissa Public Demands Recovery Act.
The scope of Section 64 is limited to the procedural aspects of recovery under the Act. It ensures that the recovery of public demands is not impeded by the limitations that would typically apply to civil suits.
Section 64 does not prescribe any specific punishment; rather, it focuses on the procedural framework for recovery. The penalties for non-compliance with the Act are addressed in other sections.
A Certificate Officer shall be deemed to be a Court and any proceeding, before him shall be deemed to be a civil proceeding within the meaning of Section 14 of the Limitation Act, 1963 (36 of 1963).
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 (Act XLV of 1860).
(1) Where any person has been entrusted by the attaching officer with the custody of any movable property taken in execution of a certificate may, on the failure of such person to fulfil the conditions of the entrustment, be executed against him to the extent to which he has rendered himself personally liable.
(2) Without prejudice to the provisions of Sub-section (1) whenever the person referred to the therein wilfully and without sufficient cause fails to produce the property kept in his custody before any lawful authority in accordance with the terms of such entrustment such person shall be deemed to have committed an offence punishable under Section 206 of the Indian Penal Code (Act 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, empower Certificate Officers to authorise ministerial officers, by written order to sign on behalf to the Certificate Officers any classes of original notices, summonses or proclamations issued by Certificate Officers under this Act which are specified in such notification.
The enactments specified in the second column of the Table appended hereto are hereby repealed to the extent mentioned in the third column thereof.
__________________________________________________________________________________________________________
No. and year Enactment repealed Extent of repeal
1 2 3
_______________________________________________________________________________________________________________________________________________________________________________________________________________________________
1. Madras Act 2 of Madras Revenue Recovery The whole
1864 Act, 1864
All proceedings under any of the enactments repealed under Section 69 and pending on the date of commencement of this Act shall be continued and disposed of as if this Act had not been passed.
Public Demands
[See Section 2(g)]
(i) Any arrear of land revenue, cess or any dues payable to the Government on account of water-supply for irrigation.
(ii) Any arrear of land revenue which is due from a farmer on account of an estate held by him in farm and is not paid on the latest date of payment fixed for the purpose.
(iii) Any demand payable to the Collector by a person holding any interest in land, pasturage, forest-rights, fisheries, ghats, ferries, hats, trees, or the like whether such interest is or is not transferable when such demand is a condition to the use and enjoyment of such land, pasturage, forest-rights, fisheries, ghats, ferries, hats, tress or other things and for which an agreement has been executed by the persons concerned.
Rules
[See Section 46]
Signature and verification of requisitions for certificates
1. Signature and verification of requisitions for certificates - (1) Every requisition made under Section 4 shall be signed and verified at the foot by the person making it, 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 state that the person signing the requisition has been satisfied by enquiry that the amount sated 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.
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