Introduction

If you are a creditor or a debtor of any public demand in Bihar and Orissa, you need to know about the Bihar And Orissa Public Demand Recovery Act 1914. This Act is a legal framework for the recovery of public demands in these states. Public demands are any arrears or money that are due to the government or any person authorized by the government, such as taxes, fees, fines, penalties, rents, royalties, etc. The Act provides a procedure for filing, serving and enforcing certificates for public demands, and also for hearing objections and appeals against them.

In this article, we will explain the main features and provisions of the Bihar And Orissa Public Demand Recovery Act 1914 Pdf 67. We will also discuss the benefits and challenges of this Act, and how it can help you in recovering or paying your public demands. We will also provide some tips and resources for further information and assistance.

Filing, Service and Effect of Certificates

The first step in the recovery of public demands under the Act is the filing of a certificate by the Certificate Officer. The Certificate Officer is an officer appointed by the Collector, who is the head of the revenue administration in a district. The Certificate Officer can file a certificate for any public demand payable to the Collector, such as land revenue, cesses, tolls, etc. The Certificate Officer can also file a certificate for any public demand payable to any person other than the Collector, such as loans, advances, dues, etc., on receiving a written requisition from such person. The requisition should be signed and verified by the person and should be accompanied by a fee equal to the court fee for a suit for the same amount.

The certificate should be in the prescribed form and should state the name and address of the debtor, the amount and nature of the demand, and the date from which interest is chargeable. The certificate should also mention any movable or immovable property belonging to the debtor that can be attached or sold for the recovery of the demand. The certificate should be signed by the Certificate Officer and filed in his office.

After filing the certificate, the Certificate Officer should serve a notice and a copy of the certificate on the debtor. The notice should require the debtor to pay the amount within thirty days from the date of service, or to show cause why he should not pay it. The notice should also inform the debtor that if he fails to pay or show cause, he will be liable to have his property attached and sold, and that he can file an objection against the certificate within thirty days. The notice and the copy of the certificate should be served by delivering them to the debtor personally or by sending them by registered post or by any other prescribed method.

The filing of a certificate under the Act has the same effect as a decree of a civil court for the recovery of money. The certificate creates a charge on any immovable property belonging to the debtor that is mentioned in it. The certificate also bars any suit or other proceeding in any civil court in respect of any matter that is covered by it.

Hearing of Objections and Appeals

The second step in the recovery of public demands under the Act is the hearing of objections and appeals against the certificates. The debtor or any other person interested in the certificate can file an objection against it within thirty days from the date of service of notice. The objection should be in writing and should state clearly the grounds on which it is made. The objection should also be accompanied by a fee equal to one-fourth of the court fee for a suit for the same amount.

The Certificate Officer should hear and decide any objection filed against a certificate within six months from its filing. The Certificate Officer should follow the procedure prescribed by rules and act according to justice, equity and good conscience. The Certificate Officer can confirm, modify or cancel a certificate after hearing both parties and examining any evidence produced by them. The Certificate Officer can also dismiss an objection if it is frivolous or vexatious or if it is not filed within time or with proper fee.

Any person aggrieved by an order passed by a Certificate Officer on an objection can appeal against it to a District Judge within thirty days from its communication. The appeal should be in writing and should state clearly the grounds on which it is made. The appeal should also be accompanied by a fee equal to half of the court fee for a suit for the same amount.

The District Judge should hear and decide any appeal filed against an order of a Certificate Officer within six months from its filing. The District Judge should follow the procedure prescribed by rules and act according to justice, equity and good conscience. The District Judge can confirm, modify or reverse an order of a Certificate Officer after hearing both parties and examining any evidence produced by them. The District Judge can also dismiss an appeal if it is frivolous or vexatious or if it is not filed within time or with proper fee.

The order passed by a District Judge on an appeal is final and conclusive and cannot be challenged in any court. However, if there is any question of law involved in an order of a District Judge, he can refer it to the High Court for its opinion. The High Court can then decide the question of law and return its opinion to the District Judge, who shall dispose of the appeal accordingly.

Recovery of Public Demands by Attachment and Sale of Property

The third step in the recovery of public demands under the Act is the attachment and sale of property belonging to the debtor. If the debtor fails to pay the amount due or to show cause against the certificate within thirty days from the date of service of notice, the Certificate Officer can proceed to recover the amount by attaching and selling any movable or immovable property belonging to the debtor. The Certificate Officer can also recover the amount by arresting and detaining the debtor in prison, but only as a last resort.

The Certificate Officer can attach any movable property belonging to the debtor, except his wearing apparel, bedding, cooking vessels, tools of artisans and implements of husbandry. The Certificate Officer can also attach any immovable property belonging to the debtor, except his dwelling house and the land appurtenant thereto. The Certificate Officer can also attach any debt, share, interest or other property that is due or payable to the debtor by any person.

The attachment of any property under the Act has the same effect as an attachment of property under the Code of Civil Procedure, 1908 (V of 1908). The attachment prevents any transfer or charge of the property by the debtor or any other person. The attachment also gives priority to the certificate holder over any other creditor of the debtor.

The Certificate Officer can sell any attached property by public auction or by private contract, as he thinks fit. The Certificate Officer can also sell any attached property without waiting for the confirmation of attachment by a District Judge, if he thinks that such property is likely to deteriorate in value or incur expenses exceeding its value. The Certificate Officer can also sell any attached property in lots or parcels, as he thinks fit.

The Certificate Officer should apply the proceeds of sale towards the recovery of the amount due, after deducting any expenses incurred in conducting the sale. The Certificate Officer should pay any surplus amount to the debtor or any other person entitled to it. The Certificate Officer should also deliver any unsold property to the debtor or any other person entitled to it.

Benefits and Challenges of the Act

The Bihar And Orissa Public Demand Recovery Act 1914 Pdf 67 is a useful and effective law for the recovery of public demands in these states. The Act has several benefits and advantages, such as:

It provides a simple and speedy procedure for the recovery of public demands, without the need to file a suit in a civil court.
It ensures that the government and other public authorities can recover their dues and arrears without any loss or delay.
It protects the rights and interests of the certificate holders, who can recover their claims with minimum hassle and expense.
It also protects the rights and interests of the certificate debtors, who can file objections and appeals against the certificates and get a fair hearing.
It creates a charge and priority on the property of the debtor, which prevents any fraudulent or dishonest transfer or disposal of such property.
It also helps in maintaining public order and discipline, by preventing any evasion or defiance of public demands.

However, the Act also faces some challenges and difficulties, such as:

It may sometimes be misused or abused by some unscrupulous or corrupt officials, who may file false or exaggerated certificates against innocent or ignorant debtors.
It may also be resisted or opposed by some stubborn or dishonest debtors, who may try to avoid or delay the payment of public demands by filing frivolous or vexatious objections or appeals.
It may also be affected by some practical or technical problems, such as lack of proper records, documents, evidence, staff, infrastructure, etc., which may hamper the smooth functioning of the Act.
It may also be challenged or questioned by some legal or constitutional issues, such as violation of fundamental rights, natural justice, due process of law, etc., which may require judicial intervention or interpretation.

Tips and Resources for Further Information and Assistance

The Bihar And Orissa Public Demand Recovery Act 1914 Pdf 67 is a complex and technical law that requires careful and diligent application and compliance. If you are a certificate holder or a certificate debtor, you may need some guidance and help in understanding and following the provisions and procedures of the Act. Here are some tips and resources that may be useful for you:

Read and study the Act carefully and thoroughly. You can find the full text of the Act online at http://www.bareactslive.com/BIH/bh589.htm or download it as a PDF file at https://lawtrend.in/wp-content/uploads/bsk-pdf-manager/2022/07/Bihar-and-Orissa-Public-Demands-Recovery-Act-1914.pdf. You can also find the rules and forms prescribed under the Act online at http://www.bareactslive.com/BIH/bh590.htm or download them as a PDF file at https://lawtrend.in/wp-content/uploads/bsk-pdf-manager/2022/07/Bihar-and-Orissa-Public-Demands-Recovery-Rules-1914.pdf.
Consult a lawyer or a legal expert who is well-versed with the Act and its implications. You can find a list of lawyers who specialize in public demand recovery cases online at https://www.lawyersclubindia.com/lawyers_search/public-demand-recovery.asp or contact your local bar association or legal aid center for assistance.
Contact the Certificate Officer or the District Judge who is dealing with your case for any queries or clarifications. You can find their contact details online at http://gad.bih.nic.in/Districts.htm or visit their office personally during working hours.
Keep track of your case status and progress online at http://patnahighcourt.gov.in/PublicDemandRecovery.aspx or visit the Certificate Officer’s office or the District Judge’s court regularly for updates.
Pay your dues or file your objections or appeals in time and with proper fee and documents. You can pay your dues online at https://epayment.bihar.gov.in/ or visit any authorized bank or treasury for payment. You can file your objections or appeals online at http://patnahighcourt.gov.in/PublicDemandRecovery.aspx or visit the Certificate Officer’s office or the District Judge’s court for filing.
Cooperate with the Certificate Officer and the District Judge and follow their orders and directions. Do not try to evade or obstruct the recovery process or indulge in any fraudulent or dishonest activity.

Conclusion

The Bihar And Orissa Public Demand Recovery Act 1914 Pdf 67 is an important and useful law that enables the recovery of public demands in these states. The Act provides a simple and speedy procedure for filing, serving and enforcing certificates for public demands, and also for hearing objections and appeals against them. The Act also creates a charge and priority on the property of the debtor, and prevents any transfer or charge of such property by the debtor or any other person. The Act also protects the rights and interests of both the certificate holders and the certificate debtors, and ensures that they get a fair and just treatment.

However, the Act also has some challenges and difficulties, such as misuse or abuse by some officials, resistance or opposition by some debtors, practical or technical problems, and legal or constitutional issues. These challenges and difficulties require careful and diligent application and compliance of the Act, and also some guidance and help from lawyers, legal experts, Certificate Officers, District Judges, and other sources. The Act also requires constant review and amendment to keep pace with the changing times and circumstances.

The Bihar And Orissa Public Demand Recovery Act 1914 Pdf 67 is a valuable and effective law that can help in recovering public demands and maintaining public order and discipline in these states. It is a law that should be respected and followed by all concerned parties, and also be improved and updated as per the needs and demands of the society.

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