Topic: ( Public demand recovery Act 1913 )
Introduction
This is an Act to consolidate and amend the law relating to the recovery of public demands in Bengal, whereas it is expedient to consolidate and amend the law relating to the Recovery of public demands in Bengal. According to the Public Demand Recovery Act 1913, Section 3(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 up to the date on which a certificate is signed.
This Act, 1913 is a self-contained law. It is an amended and consolidated Act. It can also be regarded as an exhaustive and complete code in itself.
Consolidation, however, has been effected for the purpose of recovery of public demands as defined in Schedule- of this Act. The Public Demands Recovery Act (No-3 of) 1913, provides the speedier and easier procedure in the matter of realization of various kinds of dues, which are basically undisputed in nature such as; fines, fees, rents, rates, land revenue and charges payable to the government, local authorities and court of wards.
Some of the Public Demands falling under Schedule-1:
1. Money due to government under the Indian Forest Act 2. Recovery of fees under the Elephant Preservation Act 3. Loan for land improvement, interest and costs 4. Income tax 5. Entertainment tax and betting taxes 6. Fees under the Court fees Act 7. Recovery of postal money order paid to a wrong person 8. Fines imposed by the board on persons failing to attend in person when required 9. Fines imposed on properties, farmers etc refusing to attend with accounts before collector.
Nature and Object of this PDR Act, 1913,
There are so many causes for considering PDR Act, 1913 as a self-contained Act; some of those are discussed below:
a) Easy Intelligibility: This Act is easily Intelligible without reference to the provisions of other law or code. Hence, it is considered to be self-contained.
b) Special, speedier and easier procedure: This Act is a self-contained one, as it provides the special speedier and easier procedure in the matter of realization of various kinds of public demands, which are basically undisputed in nature, payable either to the Collector or any other public authorities.
c) Inapplicability of the CPC: In the case of Sadhu Saran vs. Panch Deo Lal, it was held that provisions of CPC could only be applicable, with regard to the recovery procedures of public demands, only up to the stage of auction sale to an execution proceeding issued to enforce a certificate, not to any later stage.
d) Prescription of procedure of Sale: The Act is a self-contained one, because it provides the procedure to be followed in respect of the matter of conducting sale under this Act.
e) Prescription of procedure of execution: This act is self-contained, as it provides the complete law and complete procedure for execution.
f) Incorporation of new provisions: This Act is self-contained, as certain new provision, concerning the realization of public demands have been incorporated therein. But, however, Section-36, in the Act (No-3 of) 1913, was inserted providing that no sale shall be void on the ground of mere irregularity in the absence of substantial injury suffered by the certificate-debtor.
OBJECTIVE OF PUBLIC DEMAND RECOVER Act, 1913
1. Determine various types of dues: One of the important objectives of the Public Demand Recovery Act 1913 is to determine various types of dues; the dues are basically undisputed in nature
2. Speedier and easier procedure: One of the important objectives of the Public Demand Recovery Act 1913 is to create a speedier and easier procedure
3. Public demands payable to the government: One of the important objectives of the Public Demand Recovery Act 1913 is to recover public demands payable to the government
4. Public demands payable to any other person other than the government: One of the important objectives of the Public Demand Recovery Act 1913 is to recover public demands payable to any other person other than the government
5. Add certain necessary provisions: One of the important objectives of the Public Demand Recovery Act 1913 is to remedy certain anomalies which have come to notice in the administration of the Act and to add certain necessary provisions
6. Self contained and complete: One of the important objectives of the Public Demand Recovery Act 1913 is to consolidate the law and render the Act self contained and complete
7. Prescribe the procedure for sale: One of the important objectives of the Public Demand Recovery Act 1913 is to prescribe the procedure for sale
8. Prescribe the procedure for execution: One of the important objectives of the Public Demand Recovery Act 1913 is to prescribe the procedure for execution
Fulfillment of the Objectives 1. Determine various types of dues:
The Public Demand Recovery Act 1913 provides the speedier and easier procedure in the matter of determination of various types of dues; the dues are basically undisputed in nature such as:
a. Fine and fees b. Land revenue c. Rate and charges of payable to the government, local authority or court of wards
2. Speedier and easier procedure: The Public Demand Recovery Act 1913 provides the speedier and easier procedure and it is not bound by the civil procedural code. The provisions of the CPC could only i the recovery procedures of public demands, only up to the stage of auction sale not to any later stage. applicable with regard to
3. Public demands payable to the government: Section 4 of the Public Demand Recovery Act 1913 describes the essential conditions to fulfill by the collector before issuing a certificate when he satisfies that any amount is due to the government, like:
*The certificate must be filed in the prescribed form *Form number 1 is essential to fulfill *Mere subjective satisfaction of the certificate officer is not sufficient, he must be confirmed *The due amount must be expressly and clearly stated in the certificate
Example “I hereby certify that the above mentioned sum of TK.. . is due to the above named.. ….. from the above named..
4. Public demands payable to any other person other than the government: Section 5 & 6 of the Public Demand Recovery Act 1913 describes the procedure to recover and public demand due to a person other than the government
5. The Public Demand Recovery Act, 1895: If there is any dispute between Public Demand Recovery Act 1913 and Public Demand Recovery Act 1985then the Public Demand Recovery Act 1913 will prevail.
6. Self contained and complete: Public Demand Recovery Act 1913 is a self contained law and complete in nature.
It doesn’t need help of any other provisions in the following cases: Akubali Hawlader vs Najamali Hawlader, 50 CWN 382 Justice Mukharjee said that: it has not been disputed and can’t be disputed that Public Demand Recovery Act 1913 is a self-contained Act, which is complete by itself. #Kalipada Ray vs Mukunda Lal Ray, 34 CN 131 In this case, it was decided that civil procedure code is self contained law because in it there is a provision that the Decree of a civil court is not binding on minors whose interest could be affected by the decree.
Procedure for Sale
Where any property of the certificate debtor is sold in execution of the debt it is only the right title and interest of the certificate debtor will pass to the purchasers by the sale from the date when the property is sold and not from the time when the sale become absolute (According to the section: 20 of the Public Demand Recovery Act 1913)
Rule: 46 Before making proclamation, a notice must be served upon the certificate debtor. Notice is mandatory in respect of immoveable property and property moveable exceeding 40 taka in value A notice must contain about the following things:
*Time and place of sale *The property to be sold *The revenue assessed upon the estate or part of the estateThe amount for recovery of which the sale is ordered *Any other things which the certificate debtor considers material for the purchase
Rule: 47 Mode of Proclamation: Proclamation for the sale of immovable property shall be made at some place near such property by beat of drum or other customary mode. Copy fixing: A copy of proclamation for the sale shall be affixed in a conspicuous part of the property and the office of the certificate officer, Publication: Proclamation shall be published in the official gazette or in the newspaper or both and the cost of such publication shall be deemed to be costs of sale. In case of divided property: When the property is divided into lots for the purpose of being sold separately, it shall not necessary to make separate proclamation otherwise it’s not possible to make appropriately
Rule: 47 Time limit in case of moveable property: After the written consent of the Certificate debtor before the expiration of 30 days calculated from the date on which a copy of the sale proclamation has been affixed in a conspicuous part of the property or the office of the certificate officer, whichever is later. Time limit in case of immoveable property: After the written consent of the Certificate debtor before the expiration of 15 days calculated from the date on which a copy of the sale proclamation has been affixed in a conspicuous part of the office of the certificate officer.
Case References: Kalipada Ray vs Mukundalal Ray (34 CWN) Khyarennesa vs Satya Bhanu (AIR 1930
Execution of certificate
Who may execute:
A certificate may be executed by the
*The original certificate officer
The transferee certificate officer Under section 11 of the Public Demand Recovery Act 1913 Transmission of certificate to another certificate officer for execution:
The original certificate officer in whose office a certificate is filed may send a copy for execution to any other certificate officer and it will get the same force as the original Under section 12 of the Public Demand Recovery Act 1913
When a certificate can be executed:
A certificate can only be executed after: 1. The expiry of 30 days from the date of service of notice II. The expiry of 30 days from the date of demand notice III. Until a objection petition is heard & determined Exception: If the certificate officer satisfied that the certificate creditor is going to dispose, remove or conceal the property that is liable to attachment. Under section 13 of the Public Demand Recovery Act 1913 Other Important Provisions for Fulfilling the Objectives
Attachment of property: Under section 17 of the Public Demand Recovery Act 1913 we can see that a person who has no other source of income to maintain himself and his family than his house of occupation is exempted from attachment.
Case reference: MI. Bhula vs BisesharAIR 1925 Under section 18 of the Public Demand Recovery Act 1913 payment of any kind contrary to attachment shall be void
Setting aside sale:
Under section 22 of the Public Demand Recovery Act 1913 the certificate debtor or any other party whose interests are affected by the sale may apply to the certificate officer to set aside the sale within 30m days from the date of sale Under section 23 of the Public Demand Recovery Act 1913 where a party sustains any kind of injury by the sale through non service or irregularity of notice than within 60 days from the date of sale a application can be made for setting aside the sale Under section 23 of the Public Demand Recovery Act 1913 the purchaser has a right to file an application to set aside the sale within 60 days from the date of sale on the ground that the Certificate debtor has no saleable interest in the property Section 23 of the Public Demand Recovery Act 1913 says when the sale becomes absolute. Jurisdiction of the civil court: Section 34 to 37 of the Public Demand Recovery Act 1913 gives the right to a certificate debtor to bring a suit in the civil court to have the certificate cancelled or modified and for any other consequential relief.
Case references: Halimunnessa vs Hamebdra Kumar [PLD 1960 (Dhaka)768] • Tarangini vs Govinda (9 DLR 65) • Tikendrajit vs Mritunjit (AIR 1940 Cal.554) Appeal To the Collector: When the order has been made by: The Assistant collector • The Deputy collector • The certificate officer Time limit 15 days To the Commissioner: When the order has been made by the Collector Time limit 30 days.TIGS maue by The Assistant collector The Deputy collector The certificate officer Time limit 15 days To the Commissioner: When the order has been made by the Collector Time limit 30 days.
CONCLUSION
So from the above discussion it is very much clear that the main objective of the Public Demand Recovery Act 1913 is to settle and determine various types of dispute relating to debt which are payable to the government or any other person rather than the government. For fulfilling the objectives Public Demand Recovery Act 1913 adapts various types of procedure from issuing a certificate to sale execution of the property and in the end it shall be said that “it has not been disputed and can’t be disputed that Public Demand Recovery Act 1913 is a self-contained Act, which is complete by itself.”
