Bihar and Orissa Act No. 4 of 1914

1st July 1914

An Act to consolidate and amend the law relating to the recovery of Public Demands in Bihar and Orissa.

S.3 Definitions

In this Act, unless there is anything repugnant in the subject or context -

(1) "certificate debtor" means the person named as debtor in a certificate filed under this Act and includes any person whose name is substituted or added as debtor by the Certificate Officer;
(2) "Certificate Holder" means the Government or person in whose favour a certificate has been filed under this Act, and includes any person whose name is substituted or added as creditor by the Certificate Officer;
(3) "Certificate-Officer" means a 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;
(4) "Movable Property" includes growing crops;
(5) "Prescribed" means prescribed by Rules;
(6) "Public Demand" means any arrear or money mentioned or referred to in Schedule I, and includes any interest which may by law, be chargeable thereon upto th

S.Part-II Filing, Service and Effect of Certificates, and Hearing of Objections thereto

S.4 Filing of certificate for public demand payable to Collector

When the Certificate-Officer is satisfied that any 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.

S.5 Requisition for certificate in other cases

(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:

Provided that in the case of an order framed by a liquidator under the Cooperative Societies Act, 1912 [2 of 1912] the written requisition shall be sent by the Registrar of Co-operative Societies, Bihar and Orissa.

(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 (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.

S.6 Filing of certificate on requisition

On receipt of any such requisition the Certificate Officer, if he is satisfied that the demand is recoverable and that recovery by suit is not barred by law, may sign a certificate, in the prescribed form, stating that the demand is due and shall include in the certificate the fee if any paid under Section 5, sub-section (2); and shall cause the certificate to be filed in his office.

S.7 Service of notice and copy of certificate on certificate debator

When a certificate has been filled in the office of a certificate officer under section 4 or section 6, he shall cause to be served upon the certificate-debator, in the prescribed manner, a notice in the prescribed form and a copy of the certificate.

S.8 Effect of service of notice of 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 or, in the case of a Revenue paying 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.

S.9 Filing of petition denying liability

(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 verified in the prescribed manner, denying his liability, in 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.

S.10 Hearing and determining of such petition

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 bonafide claim of right to property, he shall refer the petition to the Collector for orders, and the Collector, if he is satisfied that a bonafide claim or right of property is involved, shall make an order cancelling the certificate.

S.11 Power to amend certificate by addition, omission or substitution of parties

Subject to the law of limitation the Certificate Officer may at any time amend a certificate by the addition, omission or substitution of the name of any certificate-holder or certificate-debtor or by the alteration of the amount claimed therein:

Provided that when any such amendment is made a fresh notice and copy shall be issued as provided in Section 7.

S.Part-III Execution of Certificates

S.12 Who may execute 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 13 sub-section (1).

S.13 Transmission of certificate to another Certificate Officer for execution

(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 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 7.

S.14 When certificate may be executed

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 Sections 7 and 11, 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 is liable to attachment under this Act, 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.

S.15 Modes of execution

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 civil prison, or
(c) by both of the methods mentioned in clauses (a) and (b).

Explanation to clause (c). - The Certificate Officer may, in his discretion, refuse execution at the same time against the person and property of the certificate-debtor.

S.16 Certain sales by whom to be held

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:

Provided that in the latter case previous notice of the sale shall be sent to the Collector of the district on the revenue roll of which the estate or share is borne.

S.17 Interest, cost and charges recoverable

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 per centum per annum from the date of the signing of the certificate up to the date of realisation;
(b) such costs as are directed to be paid under Section 54 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 or realising the demand.

S.18 Property liable to attachment and sale in execution of a certificate

(1) The following property is liable to attachment and sale in execution of a certificate under this Act, namely lands, houses or other buildings, goods, money, bank-notes, cheques, bills of exchange, hundies, promissory notes. Government securities, bonds of other securities for money, debts, shares in Corporation and save as hereinafter mentioned, all other saleable property, movable or immovable belonging to the certificate-debtor, or over which or the profits of which, he has a disposing power which he may exercise for his own benefit, whether the same be held in the name of the certificate-debtor or by any other person in trust for him or on his behalf.

Provided that the following particulars shall not be liable to such attachment or sale namely -

(a) the necessary wearing-apparel, cooking vessels, beds and bedding of the certificate-debtor, his wife and children, and such personal ornaments as, in accordance with religious usage, cannot be parted with by a

S.19 Partial exemption of agricultural produce

The State Government may, by general or special order published in the local Official 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 and 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.

S.20 Payment of moneys, contrary to attachment, to be void

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.

S.21 Investigation by Certificate Officer

(1) Where any claim is preferred to or any objection is made to the attachment or sale of any property in execution 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.

S.22 Evidence to be adduced

The claimant or objector must adduce evidence to show that -

(a) (in the case of immovable property) at the date of the service of the notice under Section 7, or
(b) (in the case of movable property) at the date of the attachment, he had some interest in, or was possessed of the property attached.

S.23 Release of property from attachment or sale

Where upon the said investigation, the Certificate Officer is satisfied that for the reason stated in the claim or objection, such property was not -

(a) (in the case of immovable property) at the date of the service of the notice under Section 7, or
(b) (in the case of movable property) at the date of the attachment, in the possession of the certificate-debtor or of some person in trust for him or in the occupancy of a tenant or other person paying rent to him, or that, being in the possession of the certificate-debtor at the said date it was so in his possession, not on his own account or as his own property but on account of or in trust for some other person, or partly on his own account and partly on account of some other person.

The Certificate Officer shall make an order releasing the property, wholly or to such extent as he thinks fit, from attachment or sale.

S.24 Disallowance of claim to property attached

Where the Certificate Officer is satisfied that the property was at the said date, in the possession of the certificate-debtor as his own property and not on account of any other person, or was in the possession of some other person in trust for him, or in the occupancy of a tenant or other person paying rent to him, the Certificate Officer shall disallow the claim.

S.25 Saving of suits to establish right to attached property

Where a claim or an objection is preferred, the party against whom an order is made may institute a suit in a Civil Court to establish the right which he claims to the property in dispute; but subject to the result of such suit (if any), the order shall be conclusive.

S.26 Purchaser's title

(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 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 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 said Act, pass to the purchaser subject to the interest defined in the said Chapter as "protected interests", but with power to annul the interests defined in the said

S.27 Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff

(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.

S.28 Application to set aside sale of immovable property on deposit

(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 deposit in, -

(a) for payment to the certificate-holder; the amount specified in the proclamation of sale as that 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 to the date when the deposit is made;
(b) for payment to the purchaser, as penalty, a sum equal to ten percent of the purchase money, but not less than one rupee;
(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 being in force as the Collector certifies to be payable by the certi

S.29 Application to set aside sale of immovable property on ground of non-service of notice or irregularity

(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 7 or on the ground of a material irregularity in the certificate proceedings or in publishing or conducting the sale:

Provided as follows -

(a) no sale shall be set aside on the ground of any such material irregularity unless the Certificate Officer is satisfied that the applicant has sustained substantial injury thereby; and
(b) before the Certificate Officer passes an order setting aside a sale under this Section he shall require the certificate-debtor to pay the amount actually found due from him.

(2) Notwithstanding anything contained in sub-section (1) the Certificate Officer may entertain an

S.30 Application to set aside sale on ground that certificate-debtor had no saleable interest or that property did not exist

The purchaser at any sale or immovable property in execution, of a certificate 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 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 mis-description in the sale proclamation of the interest of the certificate-debtor in the property sold.

S.31 Sale when to become absolute or be set aside

(1) Where no application is made under Section 28, Section 29 or Section 30, 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 29 become absolute.

(2) Where such an application is made and allowed, and where in the case of an application under Section 28, 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.

S.32 Disposal of proceeds of execution

(1) Whenever assets are realised, by sale or otherwise in execution of certificate, they shall be disposed of in the following manner -

(a) there shall first be paid to the certificate-holder the cost 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) shall be paid to the certificate-debtor.

(2) If the certificate debtor disputes any claim made by the certificate-holder to receive any amount referred to in clause (c), the Certificate Offic

S.33 Application by purchaser resisted or obstructed in obtaining possession of immovable property

(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.

S.34 Procedure on such application

(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 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.

S.35 Dispossession by purchaser

(1) Where any person, other than the certificate debtor, is dispossessed by the purchaser of immovable property which has been sold in execution of certificate, he may make application to the Certificate Officer complaining of such dispossession.

(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.

S.36 Bona fide claimant to be restored to possession

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.

S.37 Orders conclusive subject to suit in a Civil Court

Any person not being a certificate-debtor, against whom an order is made under Section 36 or Section 34, sub-section (2), 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 (if any) the order shall be conclusive.

S.38 Power of arrest and detention

A certificate-debtor, may be arrested in execution of a certificate at any hour and on any day, except as provided in Section 56, 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 exercises jurisdiction or, where such civil prison does not afford suitable accommodation in any other place 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 amount entered in the warrant of arrest as due under the certificate, and the costs of the arrest, have been paid either to the Certificate Officer or to the officer arresting the certificate-debtor such officer shall at once release him.

S.39 Release from arrest and re-arrest

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 grounds for believing the disclosure made by a certificate-debtor under sub-section (1) to have been untrue he may order the rearrest 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 40, sub-section (1):

Provided that if such order is passed by a Certificate Officer other than the Collector, the previous sanction of the Collector shall be necessary.

S.40 Detention in, and release from prison

(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 office-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 shall not be released from such detention under clause (ii) or clause (iii) without the order of the

S.41 Release on ground of illness

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 infections 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 Section 40, sub-section (1).

S.42 Prohibition of arrest or detention of women and persons under disability

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.

S.Part-IV Reference to Civil Court

S.43 Suit in Civil Court to have certificate cancelled or modified

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 files, 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 60, from an order passed under Section 10 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 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 the Court that there was good reason for the omission, or
(b)

S.44 Grounds for cancellation or modification of certificate by Civil Court

(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 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 irregularity in such proceedings.

(2) No certificate duly filed under this Act shall be modified by a Civil Court except on one of the following grounds namely -

S.45 Suit to recover possession of, or to set aside sale of immovable property, where notice of certificate not served

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:

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 proceedings, or has applied to the Certificate Officer under Section 28 to set aside the sale.

S.46 General bar to jurisdiction of Civil Courts, save where fraud alleged

Except as otherwise expressly provided in this Act, every question arising, between the certificate-holder & 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 no 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.

S.Part-V Rules

S.47 Effect of Rules in Schedule II

The Rules in Schedule II shall have effect as if enacted in the body of this Act, until altered or annulled in accordance with the provisions of this part.

S.48 Power of Board of Revenue to make Rules as to procedure

(1) The Board of Revenue may, after previous publication and with the previous sanction of the State Government, make Rules, regulating the procedure to be followed by persons making requisitions under Section 5 and by Collectors and Certificate Officers acting under this Act, and may be such Rules, alter, add to or annul any of the Rules in Schedule II.

(2) Such Rules shall not be inconsistent with the provisions in the body of this Act, but subject thereto, may, in particular and without prejudice to the generality of the power conferred by sub-section (1), provide for all or any of the following matters, namely -

(a) the signature and verification of requisition made under Section 5;
(b) the Certificate Officers to whom such requisition should be addressed;
(c) the case in which such requisition shall not be chargeable with a fee;
(d) the service of notices issued under Section 7, the service of other notices or processes issued und

S.49 Publication and effect of Rules made under Section 48

(1) Rules made and sanctioned under Section 48 shall be published in the Official Gazette and shall, from the date of publication or from such other date as may be specified have the same force and effect as if they had been contained in Schedule II.

(2) All references in this Act to the said Schedule II shall be construed as referring to that Schedule as for the time being amended by such Rules.

S.Part-VI Supplemental Provisions

S.50 Persons under disability

Where the Certificate Officer is satisfied that the certificate-debtor is minor or of unsound mind he shall in any proceeding under this Act, permit him to be represented by any suitable person.

S.51 Continuance of certificate

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.

S.52 Procedure on death of certificate-debtor

(1) Where 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 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-holder compel such legal representative to produce such accounts as the Certificate Officer thinks fit.

(2) For the purposes of this Section, property in the hands of a

S.53 Cancellation of certificate

(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.

(3) The Certificate Officer may cancel any certificate under which only an amount not exceeding [Rs. 25.00 (Rs. twenty five)] on account of interest, cost and charges mentioned in Section 17 remains to be recoverable in a certificate proceeding if -

(i) the certificate-debtor has paid the entire amount mentioned in the certificate, as filed in the office of Certificate Officer under Section 4 or Section 6, without contest before or after the issue of notice under Section 7 of this Act;
(ii) the certificate-debtor is not traceable.

S.54 Cost

Subject to such limitation as may be prescribed, the award of any costs of, 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.

S.55 Compensation

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 recovery of costs.

S.55A Restitution consequent on reversal or modification of order

(1) When the order of a Certificate Officer is set aside or modified by reason of any order passed under Sections 60, 62 or 63 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 restored 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 thinks 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 deemed to be an original order.

S.56 Entry into dwelling-house

(1) No person executing any warrant of arrest issued under this Act, or any process issued under this Act directing or authorizing 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 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 wit

S.57 Application of Act XVIII of 1850

Every Collector, Certificate Officer, Assistant Collector or Deputy Collector acting under this Act, and every Government Officer 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 Officers' Protection Act, 1850.

S.58 Officer to have powers of Civil Court for certain purposes

Every Collector, Certificate Officer, Assistant Collector or 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.

S.59 Control over officers

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.

S.60 Appeal

(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 setting aside a sale on an application made under Section 28:

Provided further that no appeal against an order passed under Section 10 shall be entertained unless the appellate authority is satisfied that the appellant has paid forty percent of the amount determined under that Section or such amount as the appellant admits to be due from him, whichever is greater.

(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 -

S.61 Bar to second appeals

No appeal shall lie from any order of a Collector, or an officer authorized under Section 60, sub-section (3) when passed on appeal.

S.62 Revision

The Collector may revise any order passed 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 Board of Revenue may revise any order passed by a Commissioner under this Act:

Provided that no revision petition shall be entertained by any authority unless the certificate-debtor deposits forty per cent of the certificate dues at the time of its filing: Provided further that no certificate debtor shall be called upon to do so if he has already deposited this amount at any earlier stage.

S.63 Review

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 mistakes or error either in the making of the certificate or in the course of any proceeding under this Act.

S.64 Saving of other Acts

The powers given by this Act shall be deemed to be in addition to, and not in derogation from, any powers conferred by any other Act now in force for the recovery of 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.

S.65 Application of the Limitation Act, 1963

(1) Section 6 to 9 of the Limitation Act, 1963 (Act no. 36 of 1963) shall not apply to suits, appeals or applications under this Act.

S.66 Certificate Officer deemed to be a 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].

S.67 Penalties.

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).

S.68 Signature of documents by ministerial officers.

(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 authorize ministerial officers, by written order, to sign on behalf of Certificate Officers any classes of original notices, summonses or proclamations issued by Certificate Officers under this Act which are specified in such notification.

S.69 Amendments of the [Bengal Tenancy Act], 1885 (8 of 1885); the Orissa Tenancy Act, 1913 (B. & O. Act 2 of 1913); and the Chota Nagpur Tenancy Act, 1908 (Bengal Act 6 of 1908).

[Chapter XIII A and Sections 158B, 167,171 and 172] of the [Bengal Tenancy Act], 1885 (8 of 1885), Chapter XV and Sections 212, 221, 225 and 226 of the Orissa Tenancy Act, 1913 (B. & O. Act 2 of 1913); and Section 244 and 248 of the Chota Nagpur Tenancy Act, 1908 (Bengal Act 6 of 1908) are amended in the manner and to the extent shown in Schedule III.

S.1 Short title, commencement and extent

(1) This Act may be called the Bihar and Orissa Public Demands Recovery Act, 1914;

(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 Bihar and Orissa except the District of Angul and Sambalpur.

S.2 Repeal

The following enactments are hereby repealed, namely -

(a) The Public Demands Recovery Act, 1895 (Ben. Act I of 1895), and
(b) The Bengal Public Demands Recovery (Amendment) Act, 1897 (Ben. Act I of 1897).

S.Part-I Preliminary