ASSINGMENT

On
Public Demand Recovery Act,
1913

Submitted by Submitted to

Name : Samia Rahman Nusrat Hasina

Chowdhury
Senior Lecturer
I D nu : 1734050013 Department of Law,
Prog : LL.B (Hons) Leading University,Sylhet
Department Of Law,
Leading University,sylhet

Submission date: 2.10.2020

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

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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-1of 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

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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
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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

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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

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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 be applicable with regard to the recovery
procedures of public demands, only up to the stage of auction
sale not to any later stage.

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

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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

*A written requisition is necessary

*Charge under the Court Fees Act 1870 is payable by the

Certificate Holder

*The verification of the requisition is must

*There should be no legal bar

*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
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named………………..

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

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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 estate

*The 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

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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

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 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:

⦁ The expiry of 30 days from the date of service of notice

⦁ The expiry of 30 days from the date of demand notice

⦁ 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

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 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:

Ml. 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
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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:

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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.”

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