I
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.(iv)Rents, fees and royalties due to Government for the use or occupation of land or water, whether property of Government or not, or on account of any products thereof and all moneys falling due to Government under any grant, lease or contract which provides that they shall be recoverable as arrears of land revenue.(v)Any rent, cess, water-rate or irrigation cess, or similar other dues payable to a Sarbarakar, Gountia or similar revenue collecting agents who, under the term of settlement made with him, has previously paid the amount thereof to Government.(vi)Any plough contribution due to a Sardar or Mootha Mallik in the Khondmals district who has previously paid the amount thereof to Government.(vii)In the case of property which, under the provisions of any law for the time being in force is under the charge of, or is managed, by the Court of Wards or the Revenue Authorities on behalf of a private individual any arrear of rent, or of any demand which is recoverable as rent whether such arrear became due before or after the management devolved upon such Court or such authorities :Provided that this clause shall not apply to any arrears of rent at an enhanced rate unless such enhanced rate has been agreed to by the person liable to pay the same or has been confirmed by a competent Court.(viii)Any money awarded as fees or costs by a Revenue Authority under any law or any rule having the force of law.(ix)Any money which is recoverable under any law, custom or usage for the time being in force as an arrear or revenue of land revenue or by the process authorised for the recovery of arrears of land revenue or of the public revenue or of Government revenue.(x)Any money which is declared by an enactment or required by any custom or usage for the time being in force -(a)to be a demand or a public demand ;(b)to be recoverable as arrears of a demand or public demand, or as a demand or public demand.(xi)[ Any money payable to -] (c)the Orissa State Electricity Board constituted under the Electricity (Supply) Act, 1948 (54 of 1948);(d)any corporation, public sector undertaking or joint sector undertaking which is owned, controlled or managed by the Stage Government and notified by them from time to time ;(e)any improvement Trust or Special Planning Authority constituted under the Orissa Town Planning and Improvement Trust Act, 1956 (Orissa Act 10 of 1957) which is notified by the State Government from time to time;(f)the Orissa State Housing Board constituted under the Orissa Housing Board Act, 1968 (Orissa Act 11 of 1969); or(g)any Scheduled Bank or Regional Rural Bank on account of any loan advanced by such Bank under a State Sponsored Scheme, in respect of which the person liable to pay the same has agreed, by a written instrument that it shall be recoverable as a public demand.Explanation. - For the purpose of this item -(a)"Scheduled Bank" means a Bank included in the Second Schedule to the Reserve Bank of India Act, 1934 (2 of 1934);(b)"Regional Rural Bank" means a Bank established under Section 3 of Regional Rural Bank Act, 1976 (21 of 1976);(c)"State Sponsored Scheme" means a scheme notified as such by the State Government for financial assistance by a Scheduled Bank or a Regional Rural Bank [* * *] .(xii)In the case of a person to whom the collection of tolls has been framed out under Section 8 of the Canals Act, 1864 (Bengal Act 5 of 1864) or of the sureties of such persons any money due in respect of such farm.(xiii)Any money due from a purchaser on a seal held in the execution of a certificate under this Act, whether the sale is subsisting or not.(xiv)In the case of property belonging to any institution referred to in Section 52 of the Orissa Hindu Religious Endowments Act, 1951 (Orissa Act 2 of 1952) any arrear of rent whether such arrear became due before or after the control developed upon the Government.(xv)Any money due from a person who is a surety for the payment of any sum recoverable in accordance with the provisions of this Act.
II
Rules[See Section 46]Signature and verification of requisitions for certificates1. 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.Service of Notices2. Mode of service. - Service of a notice issued under Section 6, or under any other provision of this Act, shall be made by delivering or tendering a copy thereof, signed by the Certificate Officer or such ministerial officer as he authorises in this behalf, and sealed with the seal of the Certificate Officer.
3. Service on certificate-debtor or his agent. - Wherever it is practicable, service shall be made on the certificate-debtor in person, unless he has an agent empowered to accept service, in which case service on such agent shall be sufficient.
4. Service on adult male member of certificate-debtor's family - Where the certificate-debtor cannot be found, and has no agent empowered to accept service of the notice on his behalf, service may be made on any adult male member of the certificate-debtor who is residing with him.
Explanation. - A servant is not a member of the family within the meaning of this rule.5. Persons served to sign acknowledgement. - Where the serving officer delivers, or tenders a copy of the notice to the certificate-debtor personally, or to an agent or other person on his behalf, he shall require the signature of the person to whom the copy is so delivered or tendered to an acknowledgement of service endorsed on the original notice.
6. Procedure where certificate-debtor refuses to accept service or cannot be found. - Where the certificate-debtor or his agent, or such other person aforesaid, refuses to sign the acknowledgement, or where the serving officer, after using all due and reasonable diligence, cannot find the certificate-debtor, and there is no agent empowered to accept service of the notice on his behalf, nor any other person on whom service can be made, the serving officer shall -
(a)affix a copy of the notice on the outer door or some other conspicuous part of the house in which the certificate-debtor ordinarily resides or carries on business or personally works for gain ; or(b)if there be land affected by the notice, affix a copy of the notice on some conspicuous place in the office of the Certificate Officer and also on some conspicuous part of the land.and shall then return the original to the Certificate Officer by whom it was issued, with a report endorsed thereon or annexed thereto stating that he has so affixed the copy, the circumstances under which he did so, and the name and address of the person, if any, by whom the house or land was identified and in whose presence the copy was affixed.7. Endorsement of time and manner of service. - The serving officer shall, in all cases in which the notice has been served under Rule 5 endorse or annex, or cause to be endorsed or annexed, on or to the original notice, a return stating the time when and the manner in which the notice was served, and the name and address of the person, if any, identifying the person served and witnessing the delivery or tender of the notice.
8. Examination of serving officer. - Where a notice is returned under Rule 6, the Certificate Officer shall, if the return under that rule has not been verified by the affidavit of the serving officer on oath, or cause him to be so examined by another Certificate Officer, or, subject to any general order of the Collector, by an Assistant Collector, Deputy Collector or Sub-Deputy Collector, touching his proceedings and may make such further inquiry in the matter as he thinks fit; and shall either declare that the notice has been duly served or order such service as he thinks fit.
9. Service by post. - Notwithstanding anything hereinbefore contained, the notice may, if the Certificate Officer so directs, be served by post.
Petitions under Section 8 denying liability10. Signature and verification of petition denying liability. - (1) Every petition filed under Section 8 shall be signed and verified at the foot by the certificate-debtor 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 be signed by the person making it, and shall state the date on which it is signed.11. Transfer of such petitions. - (1) The Certificate Officer may, subject to any general or special order of the Collector, transfer to any Assistant Collector or Deputy Collector subordinate to the Collector any petition filed under Section 8; and such Assistant Collector or Deputy Collector shall hear and determined such petition accordingly :
Provided that the Collector may retransfer any petition so transferred, and order that if be heard and determined by the Certificate Officer.(2)The Provisions of Section 9 shall be applicable to any Assistant Collector or Deputy Collector to whom any such petition has been transferred under Sub-rule (1).Execution of certificates12. Execution in another district. - Where a copy of the certificate is sent for execution to the Collector of another district under Sub-section (1) of Section 12 of the certificate may be executed by him or may be transferred by him to any Certificate Officer in his district.
13. Attachment of movable property other than agricultural produce in possession of certificate-debtor. - Where the property to be attached is movable property other than agricultural produce, in the possession of the certificate-debtor, the attachment shall be made by actual seizure, The attaching officer may keep the property in his own custody or in the custody of one of his subordinates, or may make it over to any Chaukidar or respectable resident of the village, willing to be responsible for its safe keeping who shall give a receipt therefore. If no such person can be found to taken custody of the property the attaching officer shall bring it to the Court at once at the certificate-holder's expense. In the event of the certificate-holder failing to provide the necessary funds the property may be released :
Provided that when the property seized is subject to speedy and natural decay or when the expense of keeping it in custody it in custody is likely to exceed its value, the attaching officer may sell it at once;Provided further that in the case of live-stock the same may be kept in the custody of the certificate-debtor, who shall give a receipt therefore and shall be subject to the conditions laid down in the rules, if any, made in this behalf by the Board of Revenue.14. Attachment of agricultural produce. - Where the property to be attached is agricultural produce, the attachment shall be made by affixing a copy of the warrant of attachment -
(a)where such produce is a growing crop on the land on which such crop has grown; or(b)where such produce has been cut or gathered on the threshing floor or place of treading out grain or the like, or fodder-stock, on or in which it is deposited.and another copy on the outer door or on some other conspicuous part of the house in which the certificate-debtor ordinarily resides, or, with the leave of the Certificate Officer on the outer door or on some other conspicuous part of the house in which he carries on business or personally works for gain, or in which he is known to have last resided or carried on business or personally worked for gain;and the produce shall thereupon be deemed to have passed into the possession of the Certificate Officer.15. Provisions as to agricultural produce under attachment. - (1) Where agricultural produce is attached the Certificate Officer shall make such arrangements of the custody thereof as he may deem sufficient, and, when the produce is a growing crop, shall have regard to the time at which it is likely to be fit to be cut or gathered.
(2)Subject to such conditions as may be imposed by the Certificate Officer in this behalf either in the order of attachment or in any subsequent order, the certificate-debtor may tend, cut, gather and store the produce and do any other act necessary for maturing or preserving it; and, if the certificate-debtor fails to do all or any of such acts, the certificate-holder may, with the permission of the Certificate Officer and subject to the like conditions, do all or any of them either by himself or by any person appointed by him in this behalf, and the costs incurred by the certificate-holder shall be recoverable from the certificate-debtor as if they were included in the certificate.(3)Agricultural produce attached as a growing crop shall not be deemed to have cased to be under attachment or to require re-attachment merely because it has been served from the soil.(4)Where an order for the attachment of a growing crop has been made at a considerable time before the crop is likely to be fit to be cut or gathered, the Certificate Officer may suspend the execution of the order for such time as he thinks fit and may, in his discretion, make a further order prohibiting the removal of the crop pending the execution of the order of attachment.(5)A growing crop which from its nature does not admit of being stored shall not be attached under this rule at any time less than twenty days before the time at which it is likely to be fit to be cut or gathered.16. Attachment of debt, share and other movable property not in possession of a certificate-debtor. - (1) in the case of -
(a)a debt not secured by a negotiable instrument;(b)a share in the capital of a Corporation; or(c)other movable property not in the possession of the certificate-debtor, except property deposited in, or in the custody of, any Court,the attachment shall be made by a written order prohibiting -(i)in the case of the debt - the creditor from recovering the debt and the debtor from making payment thereof until further order of the Certificate Officer;(ii)in the case of the share - the person in whose name the share may be standing from transferring the same or receiving any dividend thereon;(iii)in the case of other movable property (except as aforesaid) - the person in possession of the same from giving it over to the certificate-debtor.(2)A copy of such order shall be affixed on some conspicuous part of the office of the Certificate Officer, and another copy shall be sent, in the case of the debt to the debtor, in the case of the share to the proper officer of the Corporation and, in the case of the other movable property (except as aforesaid), to the person in possession of the same.(3)A debtor prohibited under Clause (i) of Sub-rule (1) may pay the amount of his debt to the Certificate Officer, and such payment shall discharge him as effectually as payment to the party entitled to receive the same.17. Attachment of share in movable. - Where the property to be attached consists of the share or interest of the certificate-debtor in movable property belonging to him and another as co-owners, the attachment shall be made by a notice to the certificate-debtor prohibiting him from transferring the share or interest or changing it in any way.
18. Attachment of salary or allowances of Public Officer or servant of Railway Company or local authority. - (1) Where the property to be attached is the salary or allowances of a Public Officer or of a servant of a Railway Company or local authority, the Certificate Officer, whether the certificate-debtor or the Disbursing Officer is or is not within the local limits of the Certificate Officer's jurisdiction, may order that the amount shall be withheld from such salary or allowances, either in one payment or by monthly instalments as the Certificate Officer may direct; and, upon notice of the order to such officer as the State Government may, by notification, appoint, in this behalf the officer or other person whose duty it is to disburse such salary or allowances shall withhold and remit to the Certificate Officer the amount due under the order, or the monthly instalments, as the case may be.
(2)Where the attachable proportion of such salary or allowances is already being withheld and remitted to a Certificate Officer or to a Civil Court in pursuance of a previous and unsatisfied order of attachment, the officer appointed by the State Government in this behalf shall forthwith return the subsequent order to the Certificate Officer issuing it, with a full statement of all the particulars of the existing attachment.(3)Every order made under this rule, unless it is returned in accordance with the provisions of Sub-rule (2), shall, without further notice or other process, bind the Government or the Railway Company or local authority, as the case may be; and the Government or the Railway Company or local authority, as the case may be, shall be liable for any sum paid in contravention of this rule.19. Attachment of negotiable instrument. - Where the property is a negotiable instrument not deposited in a Court not in the custody of a Public Officer, the attachment shall be made by actual seizure and the instrument shall be brought before the Certificate Officer and held subject to his order.
20. Attachment of property in custody of Court or Public Officer. - Where the property to be attached is in the custody of any Court or Public Officer, the attachment shall be made by a notice to such Court or officer, requesting that such property, and any interest or dividend becoming payable thereon may be held subject to the further orders of the Certificate Officer by whom the notice is issued :
Provided that where such property is in the custody of a Court, any question of title or priority arising between the certificate-holder and any other person not being the certificate-debtor claiming to be interested in such property by virtue of any assignment, attachment or otherwise, shall be determined by such Court.21. Attachment of decree. - (1) Where the property to be attached is a decree, either for the payment of money or for sale in enforcement of a mortgage or charge, the attachment shall be made by the issue to the Civil Court of a notice requesting the Civil Court to stay the execution of the decree unless and until -
(i)the Certificate Officer cancels the notice, or(ii)the certificate-holder or the certificate-debtor applied to the Court receiving such notice to execute the decree.(2)Where the Civil Court receives an application under Clause (ii) of Sub-rule (1) it shall, on the application of the certificate-holder or the certificate-debtor and subject to the provisions of the Code of Civil Procedure, 1908 (5 of 1908), proceed to execute the attached decree and apply the net proceeds in satisfaction of the certificate.(3)The certificate-holder shall be deemed to be the representative of the holder of the attached decree and to be entitled to execute such attached decree in any manner lawful for the holder thereof.22. Attachment of immovable property. - Where the property is immovable, no attachment need to be made before sale.
23. Removal of attachment on satisfaction of cancellation or certificate. - Where -
(a)the amount due, with costs and all charges and expenses resulting from the attachment of any property or incurred in order to a sale, are paid to the Certificate Officer; or(b)the certificate is cancelled, the attachment shall be deemed to be withdrawn, and, in the case of immovable property, the withdrawal shall, if the certificate-debtor so desires, be proclaimed at this expense, and a copy of the proclamation shall be affixed in the manner prescribed by Sub-rule (1) of Rule 26.24. Power to order sale of attached property. - Any Certificate Officer executing a certificate may order that any property liable to sale, or such portion thereof as may deem necessary to satisfy the certificate, shall be sold.
25. Proclamation of sale by public auction. - (1) Where any immovable property exceeding twenty rupees in value, is ordered to be sold by public auction, the Certificate Officer shall cause a proclamation of the intended sale to be made in the language of the Courts of the district.
(2)Such proclamation shall be drawn up after notice to the certificate-debtor and shall state the time and place of sale, and shall specify, as fairly and accurately as possible -(a)the property to be sold;(b)where the property to be sold is an interest in an estate or in part of an estate paying revenue to the Government, the revenue assessed upon the estate or part of the estate;(c)the amount for the recovery of which the sale is ordered; and(d)every other thing which the Certificate Officer considers it material for a purchaser to know in order to judge of the nature and value of the property.(3)Where a tenure, or a raiyati holding at fixed rates situated in an area in which Chapter XVI of the Orissa Tenancy Act, 1913 (Bihar and Orissa Act 2 of 1913), is in force, is to be sold in execution of a certificate for arrears of rent due in respect thereof, the said proclamation shall also state that the tenure or holding with first be put up to auction subject to registered and notified encumbrances, and will be sold subject to those encumbrances if the sum bid is sufficient to liquidate the amount specified in the certificate and costs; and that otherwise it will, if the certificate-holder so desires, be sold on a subsequent day, of which due notice will be given, with power to annual all encumbrances.(4)Where an occupancy holding, situated in an area in which Chapter XVI of the Orissa Tenancy Act, 1913 (Bihar and Orissa Act 2 of 1913), is in force is to be sold in execution of a certificate for arrears of rent due in respect thereof, the said proclamation shall also state that the holding will be sold with power to annual all encumbrances.(5)Where the certificate-holder is a co-sharer landlord and the certificate is for this share of the rent only, the provisions of Sub-rules (3) and (4) shall not apply.(6)For the purpose of ascertaining the matters to be specified in the proclamation, the Certificate Officer may summon any person whom he thinks necessary to summon, and may examine him in respect to any such matters and require him to produce any document in his possession or power relating thereto.26. Mode of making proclamation. - (1) Every proclamation for the sale of immovable property shall be made at some place on or near such property by best of drum or other customary mode, and a copy of the proclamation shall be affixed on a conspicuous part of the property and then upon a conspicuous part of the office of the Certificate Officer. A copy of the proclamation shall also be sent by registered post to the certificate-debtor or, if there be more than one certificate-debtor, to such one or more of them as the Certificate Officer may select, in this behalf.
(2)Where the Certificate Officer so directs, such proclamation shall also be published in the Gazette or in a local newspaper, or in both; and the costs of such publication shall be deemed to be costs of the sale.(3)If a tenure, a raiyati holding at fixed rates or an occupancy holding situated in an area in which Chapter XVI of the Orissa Tenancy Act, 1913 (Bihar and Orissa Act 2 of 1913), is in force, is to be sold in execution of a certificate for arrears of rent due in respect thereof, the proclamation shall also be published in the Malkachari or rent office of the estate and at the local police-station.(4)Where property is divided into lists for the purpose of being sold separately it shall not be necessary to make a separate proclamation for each lot, unless proper notice of the sale cannot, in the opinion of the Certificate Officer, otherwise be given.27. Time of sale. - Save in the case of property of the kind described in the first proviso to Rule 13, no sale hereunder shall, without the consent in writing of the certificate-debtor, take place until after the expiration of at least thirty days in the case of immovable property, or of at least fifteen days in the case of movable property exceeding twenty rupees in value, calculated from the date on which a copy of sale proclamation has been affixed in a conspicuous part of the office of the Certificate Officer :
Provided that if a tenure, a raiyati holding at fixed rates or an occupancy holding situated in an area in which Chapter XVI of the Orissa Tenancy Act, 1913, is in force, is to be sold in execution of a certificate for arrears of rent due in respect thereof, the sale shall not, without the consent in writing of the certificate-debtor, taken place until after the expiration of at least thirty days calculated from -(a)the date on which a copy of the sale proclamation has been affixed in a conspicuous part of the office of the Certificate Officer; or(b)the date on which the sale proclamation has been published in the Malkachari or rent office of the estate and at the local police-station.whichever is later.28. Adjournment of stop page of sale. - (1) The Certificate Officer may, in his discretion adjourn any sale hereunder to a specified day and hour and the officer conducting any such sale may in his discretion adjourn the sale, recording his reasons for such adjournment :
Provided that, where the sale is made in, or within the precincts of the office of the Certificate Officer, no such adjournment shall be made without the leave of the Certificate Officer.(2)Where a sale is adjourned under Sub-rule (1) for a longer period than seven days, a fresh proclamation under Rule 26 shall be made, unless the certificate-debtor consents to waive it.(3)Every sale shall be stopped if, before the lot is knocked down, the debt and costs (including the costs of the sale) are tendered to the officer conducting the sale, or proof is given to his satisfaction that the amount of such debt and costs has been paid to the Certificate Officer who ordered the sale.29. Defaulting purchaser answerable for loss on resale. - Any deficiency of price which may happen on a resale by reason of the purchaser's default, and all expenses attending such resale, shall be, certified to the Certificate Officer by the officer or other person holding the sale, and shall, at the instance of either the certificate-holder or the certificate-debtor, be recoverable from the defaulting purchaser under the procedure provided by this Act.
30. Restriction on binding or purchase by officers. - (1) No officer or other person having any duty to perform in connection with any sale shall, either directly or indirectly, bid for acquire or attempt to acquire any interest in the property sold.
(2)Nothing in Sub-rule (1) shall be construed so as to produce the State Government from purchasing any property at any such sale through their officers other than those referred to in Sub-rule (1) duly authorised in that behalf.31. Sale of agricultural produce. - (1) Where the property to be sold is agricultural produce the sale shall be held -
(a)if such produce is a growing crop - on or near the land on which such crop has grown, or(b)if such produce has been cut or gathered - at or near the threshing floor or place for trading out grain or the like, or fodder stock, on or in which it is deposited :Provided that the Certificate Officer may direct the sale to be held at the nearest place of public resort if he is of opinion that the produce is thereby likely to sell to grater advantage.(2)Where on the produce being put up for sale -(a)a fair price, in the estimation of the person holding the sale is not offered for it; and(b)the owner of the produce, or a person authorised to act in his behalf applies to have the sale postponed till the next day or, if a market is held at the place of sale, the next market day;the sale shall be postponed accordingly and shall be then completed, whatever price may be offered fro the produce.32. Special provisions relating to growing crops. - (1) Where the property to be sold is a growing crop, and the crop from its nature admits of being stored, but has not yet been stored, the day of the sale shall be so fixed as to admit to the crop being made ready for storing before the arrival of such day, and the sale shall not be held until the crop has been cut or gathered and it ready for storing.
(2)When the crop from its nature does not admit of being stored, it may be sold before it is cut and gathered; and the purchaser shall be entitled to enter on the land, and to do all that is necessary for the purpose of tending and cutting or gathering the crop.33. Sale public auction. - (1) Where movable property is sold by public auction the price of each lot shall be paid at the time of sale or as soon after as the officer or other person holding the sale directs, and in default of payment the property shall forthwith be resold.
(2)On payment of the purchase-money, the officer or other person holding the sale shall grant a receipt for the same, and the sale shall become absolute.(3)Where the movable property to be sold is a share in goods belonging to the certificate-debtor and a co-owner, and two or more persons, of whom one is such co-owner respectively, bid the same sum for such property or for any lot, the bidding shall be deemed to be the bidding of the co-owner.34. Irregularity not to vitiate sale but any person injured may sue. - No irregularity in publishing or conducting the sale of movable property shall vitiate the sale; but any person sustaining substantial injury by reason of such irregularity at the hand of any other person, may institute as suit in a Civil Court against him for compensation, or if such other person is the purchaser, for the recovery of the specific property and for compensation in default of such recovery.
35. Delivery of movable property debts and shares. - (1) Where the property sold is movable property of which actual seizure has been made, it shall be delivered to the purchaser.
(2)Where the property sold is movable property in the possession of some person other than the certificate-debtor, the delivery thereof to the purchaser shall be made by giving notice to the person in possession, prohibiting him from delivering possession of the property to any person except the purchaser.(3)Where the property sold is a debt not secured by a negotiable instrument or is a share in a Corporation, the delivery thereof shall be made by a written order of the Certificate Officer prohibiting the credit from receiving the debt or any interest thereon, and the debtor from making payment thereof to any person except the purchaser, or prohibiting the person in whose name the share may be standing from making any transfer of the share to any person except the purchaser or receiving payment of any dividend or interest thereon, and the manager, secretary or other proper officer of the Corporation from permitting any such transfer or making any such payment to any person except the purchaser.36. Transfer of negotiable instrument and share. - (1) Where the execution of a document, or the endorsement of the party in whose name a negotiable instrument or a share in a Corporation is standing, is required to transfer such negotiable instrument or share, the Collector, or such officer as he may appoint in this behalf, may execute such document or made such endorsement as may be necessary; and such execution or endorsement shall have the same effect as an execution or endorsement by the party.
(2)Such execution or endorsement may be in following from, namely :"AB, by CD, Collector of the district in a proceeding under the Orissa Public Demands Recovery Act, 1962 against AB."(3)Until the transfer of such negotiable instrument or share, the Certificate Officer may, by order, appoint some person to receive any interest or dividend due thereon, and to sign a receipt for the same; and any receipt so signed shall be a valid and effectual fro all purposes as if the same has been signed by the party himself.37. Vesting order in case of other property. - In the case of any movable property not hereinbefore provided for, the Certificate Officer may make an order vesting such property in the purchaser or as he may direct; and such property shall vest accordingly.
Sale of immovable property38. Sale of tenure or holding at fixed rates subject to registered and notified encumbrances. - (1) When a tenure or a holding at fixed rates, situated in an area in which Chapter XVI of the Orissa Tenancy Act, 1913 (B. and O. Act 2 of 1913) is in force, has been advertised under Rule 25 for sale in execution of a certificate for arrears of rent due in respect thereof, it shall be put up to auction subject to registered and notified encumbrances; and, if the bidding reaches a sum sufficient to liquidate the amount of the certificate and the costs of the sale, the tenure or holding shall be sold subject to such encumbrances.
(2)The purchaser at such sale may, in manner provided by Section 221 of the Orissa Tenancy Act, 1913 and not otherwise, annual any encumbrance upon the tenure or holding, not being registered and notified encumbrance.39. Sale of tenure of holding at fixed rates, with power to avoid all encumbrances. - (1) If the bidding for a tenure or a holding at fixed rates put up to auction under Rule 38, does not reach a sum sufficient to liquidation the amount of the certificate and costs as aforesaid, and if the certificate-holder thereupon desires that the tenure or holding be sold with power to avoid all encumbrances, the person holding the sale shall adjourn the sale and make a fresh proclamation under Rule 25 announcing that the tenure or holding will be put up to auction and sold with power to avoid all encumbrances, on a future day specified therein, not less than fifteen or more than thirty days from the date of the postponement; and on that day the tenure or holding shall be put up to auction and sold with power to avoid all encumbrances.
(2)The purchaser at a sale under this rule may, in manner provided by Section 221 of the Orissa Tenancy Act, 1913 (B. and O. Act 2 of 1913) and not otherwise, annual any encumbrance on the tenure or holding.40. Sale of occupancy holding with power to all encumbrances. - (1) When an occupancy holding situated in an area in which Chapter XVI of the Orissa Tenancy Act, 1913 (B. and O. Act 2 of 1913) is in force, has been advertised under Rule 25 for sale in execution of a certificate for arrears of rent due in respect thereof, it shall be put up to auction and sold with power to avoid all encumbrances.
(2)The purchaser at a sale under this rule may in manner provided by Section 221 of the Orissa Tenancy Act, 1913 (B. and O. Act 2 of 1913) and not otherwise, annual any encumbrances on the holding.41. Rules 38 to 40 not to apply in certain cases to certificate-holders who are co-sharer landlords. - Where the certificate-holder is a co-sharer landlord and the certificate is for his share of the rent only, the provisions of Rules 38, 39 and 40 shall not apply.
42. Postponement of sale to enable certificate-debtor to raise amount due under certificate. - (1) When an order for the sale of immovable property has been made, if the certificate-debtor can satisfy the Certificate Officer that there is reason to believe that the amount of the certificate may be raised by the mortgage or lease or private sale of such property, or some part thereof, or of any other immovable property of the certificate-debtor, the Certificate Officer may, on his application, postpone the sale of the property comprised in the order for sale, on such terms and for such period as he thinks proper, to enable him to raise the amount.
(2)In such case the Certificate Officer shall grant a certificate to the certificate-debtor, authorising him, within a period to be mentioned therein, and notwithstanding anything contained in Section 7 of Section 19 to make the proposed mortgage, lease or sale :Provided that all moneys payable under such mortgage, lease or sale shall be paid, not to the certificate-debtor, but to the Certificate Officer:Provided also that no mortgage, lease or sale under this rule shall become absolute until it has been confirmed by the Certificate Officer.43. Prohibition of purchase of tenure or holding by certificate-debtor. - (1) When a tenure of holding, situated in an area in which Chapter XVI of the Orissa Tenancy Act, 1913 (B. and O. Act 2 of 1913) is in force, is put up for sale in execution of a certificate for arrears of rent due in respect thereof, the certificate-debtor shall not bid for or purchase the tenure or holding.
(2)If a certificate-debtor purchases, by himself or through another person a tenure or holding so sold, the Certificate Officer may, if he thinks fit, on the application of the certificate-holder of any other person interested in the sale, by order, set aside the sale, and the costs of the application and order, any deficiency of price which may happen on the re-sale, and all expenses attending it, shall be paid by the certificate-debtor.44. Deposit by purchaser and resale in default. - On every sale of immovable property, the person declared to be the purchaser shall pay, immediately after such declaration, a deposit of twenty-five percent on the amount of his purchase-money, to the officer or other person conducting the sale; and in default of such deposit, the property shall forthwith be resold.
45. Time for payment of purchase-money in full. - The full amount of purchase-money payable shall be paid by the purchaser to the Certificate Officer on or before the fifteenth day from the sale of the property.
46. Procedure in default of payment. - In default of payment within the period mentioned in Rule 45, the deposit may, if the Certificate Officer thinks fit, after defraying the expenses of the sale, be forfeited to the Government and the property shall be resold, and the defaulting purchaser shall forfeit all claim to the property or to any part of the sum for which it may subsequently be sold.
47. Notification on re-sale. - Every-sale of immovable property, In default of payment of the purchase-money within the period allowed for such payment, shall be made after the issue of a fresh proclamation in the manner and for the period hereinbefore prescribed for the sale.
48. Bid of co-sharer to have preference. - Where the property sold is a share of undivided immovable property and two or more persons, of whom one is a co-sharer respectively bid the same sum for such property or for any lot, the bid shall be deemed to be the bid of the co-sharer.
49. Return of purchase money in certain cases. - Where a sale of immovable property is set aside, any money paid or deposited by the purchaser on account of the purchase, together with the penalty (if any) referred to in Clause (b) of Section 27, and such interest as the Certificate Officer may allow, shall be paid to the purchaser.
50. Certificate to purchaser. - (1) Where a sale of immovable property has become absolute, the Certificate Officer shall grant a certificate specifying the property sold and the name of the person who at the time of sale is declared to be the purchaser.
(2)Such certificate shall bear date of the day on which the sale became absolute.51. Delivery of property in occupancy of certificate-debtor. - Where the immovable property sold is in the occupancy of the certificate-debtor, or of some person on his behalf, or of some person claiming under a title created by the certificate-debtor subsequently to the service of the notice issued under Section 6 and a certificate in respect thereof has been granted under Rule 50, the Certificate officer shall, on the application of the purchaser, order delivery to be made by putting such purchaser, or any person whom he may appoint to receive delivery on his behalf, in possession of the property, and if needed by removing any person who refused to vacate the same.
52. Delivery of property in occupancy of tenant or other person. - Where the property sold is in the occupancy of a tenant or other person entitled to occupy the same, and a certificate in respect thereof has been granted under Rule 50, the Certificate officer shall, on the application of the purchaser, order delivery to be made by affixing a copy of the certificate of sale in some conspicuous place on the property, and proclaiming to the occupant by beat of drum or other customary mode at some convenient place, that the interest of the certificate-debtor has been transferred to the purchaser.
Arrest and Detention53. Subsistence allowance. - (1) When a certificate has been signed either in accordance with the provisions of Section 3, or on a requisition made under Section 4, no certificate-debtor shall be arrested in execution of the certificate unless and until the certificate-holder pays into Court such sum as the Certificate Officer thinks sufficient for the subsistence of the certificate-debtor from the time of his arrest until he can be brought before the Certificate Officer.
(2)When a certificate-debtor is committed to the civil prison in execution of a certificate, the Certificate officer shall fix for his subsistence such monthly allowance as he may be entitled to according to the scale fixed by the State Government for the subsistence of arrested judgement-debtors, or, where no such scale has been fixed, as the Certificate Officer considers sufficient with reference to the class to which the certificate-debtor belongs.(3)The monthly allowance fixed by the Certificate Officer shall be supplied by the person upon whose requisition the certificate was signed, by monthly payments in advance before the first day of each month.(4)The fist payment shall be made to the Certificate officer for such portion of the current month as remains unexpired before the certificate-debtor is committed to the civil prison; and the subsequent payments, if any, shall be made to the Officer-in-charge of the civil prison.(5)Sums disbursed by the certificate-holder for the subsistence of the certificate-debtor in the civil prison shall be deemed to be costs in the proceeding :Provided that the certificate-debtor shall not be detained in the civil prison or arrested on account of any sum so disbursed.Supplemental54. Register of certificates. - (1) Every Certificate Officer shall cause to be kept in his office a register of certificate field in his office under this Act, and shall cause particulars of all such certificates to be entire in such register.
(2)Such register shall be open during office hours, for not less than two hours daily, and act such time as may be fixed by the Collector, for inspection by any person who desired to inspect the same; and a fee of ten naye paise shall be charged for every such inspection.55. Payment by instalments. - (1) Payment of the amount due under any certificate may be made by instalments, if the Certificate Officer in whose office the certificate is filed so directs.
(2)The payment of every such instalment shall be entered in the register referred to in Rule 54.56. Remittance to Certificate Officer of sums received under a certificate transferred for execution. - When a copy of a certificate has been sent to another officer under Sub-section (1) of Section 12 ail sums received by such officer under such certificate shall be remitted by him to the Certificate Officer in whose office the original certificate is filed.
57. Entry of satisfaction. - When the whole or any portion of the amount due under certificate has been realised, the Certificate Officer in whose office the original certificate is filed shall cause an entry of the fact to be made upon the certificate and in the register referred to in Rule 54.
58. Communication of satisfaction to other persons. - When a copy of a certificate has been sent to another officer under Sub-section (1) of Section 12; or when a certificate has been signed upon a requisition, any satisfaction of the certificate, whether in whole or in part, shall be certified to such officer, or to the sender of such requisition, as the case may be.
Forms59. Forms in Appendix. - The forms set forth in the Appendix shall be used, with such variations as circumstances may require.
60. Other forms. - Where no form is set forth in the Appendix, the appropriation form in use in Civil Courts shall be use i, with such modifications as may appear to be necessary.
Forms[See Rule 59]Form - 1Certificate of public demand[See Sections 3 and 5]Filed in the office of Certificate Officer of ........ (name of district)
| No. of certificate |
Name and address of certificate-holder |
Name and address of certificate-holder |
Name and address of sureties |
Amount of public demand including interest, ifany, and including the fee paid under Section 4, Sub-section (2),if any for which this certificate is signed and period for whichsuch demand is due
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Further particulars of the public demand forwhich this certificate is signed.
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3 |
4 |
5 |
6 |
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| Name of certificate-debtor |
Address of certificate-debtor |
Name of surety |
Address of surety |
Amount of public demand for which thisrequisition is made
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Nature of the public demand for which thisrequisition is made
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| 1 |
2 |
3 |
4 |
5 |
6 |
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Rs. nP. |
Whereas a Certificate No. ....... was filed inthis office on the .....20....... under section ...... of theOrissa Public Demands Recovery Act, 1962, againstcertificate-debtor, and the sum of Rs. ...... as noted in themargin is due from him in respect of the said certificate; andwhereas the said sum of Rs......... has not been paid to thecertificate-holder in satisfaction of the said certificate, theseare to command you to arrest the said certificate-debtor andunless the said certificate-debtor should pay to you the said sumof Rs together with Rs for the cost of executing this process orshould produce a receipt showing payment of the amount to theCertificate Officer to bring him before the Court with allconvenient speed;
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| Original demandInterestCostsExecution |
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| Total |
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* Certificate No. of 20....... under which is thecertificate-holder and is the certificate-debtor.
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Notice is hereby given that, under Rule 24 inSchedule II to the Orissa Public Demands Recovery Act, 1962 anorder has been passed by me for the sale of the propertymentioned in the annexed Schedule, in satisfaction of the claimof the certificate-holder under the certificate mentioned in themargin* amounting with costs and interest up to date of sale, tothe sum of.......
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2. The amount by which the biddings are to be increased shall be determined by the officer conducting the sale. In the event of any dispute arising as to the amount bid or as to the bidder, the lot shall at once be again put up to auction.
3. The highest bidder shall be declared to be the purchaser of any lot; provided always that he is legally qualified to bid; and provided that it shall be in the discretion of the officer holding the sale to decline acceptance of the highest bid when the price offered appears so clearly inadequate as to make it advisable to do so.
4. For reasons recorded it shall be in the discretion of the officer conducting the sale to adjourn it, subject always to the provisions of Rule 28 in Schedule II to the Orissa Public Demands Recovery Act, 1962.
5. In the case of movable property, the price of each lot shall be paid at the time of sale or as soon after as the officer holding the same directs and in default of payment the property shall forthwith be again put up and re-sold.
6. In the case of immovable, property the person declared to be the purchaser shall pay immediately after such declaration a deposit of 25 per cent on the amount of his purchase money to the officer conducting the sale and in default of such deposit the property shall forthwith be put up again and re-sold.
7. The full amount of the purchase money shall be paid by the purchaser before the office of the Certificate Officer closes on the fifteenth day after the sale of the property exclusive of such day or if the fifteenth day be a Sunday of other holiday, then on the first office day after the fifteenth day.
8. In default of payment of the balance of purchase money within the period allowed the property shall be re-sold after the issue of a fresh notification of sale. The deposit after defraying the expense of the sale may if the Certificate Officer thinks fit be forfeited to the Government and the defaulting purchaser shall forfeit all claims to the property or to any part of the sum for which it may be subsequently sold.
Given under my hand and seal, this........day of......20......Certificate Officer
of property
| No. of lot |
Description of property to be sold with the nameof each owner where there are more certificate-debtors than one
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The revenue assessed upon the estate or part ofthe estate, if the property to be sold is an interest in anestate or a part of an estate paying revenue to the Government
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Claims (if any) which have been put forward tothe property and any other known particulars bearing its natureand value
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3 |
4 |
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2. Process fees or costs under Sections 54 and 55 of the Orissa Public Demands Recovery Act, 1962 should be shown separately in Sub-Column (a) of Column 13.
3. Delay due to appeals should be noted in Column 15.
4. Certificates received on transfer from other districts are to be shown in red ink.
5. Every amendment of a certificate and every payment made on it will be noted in this register under the initials of the Certificate Officer.
6. Column 6-A is only to be used for cases of wards and encumbered, etc., estates.
| Serial No. of the year |
Serial No. of requisition in Register 9, or nameof other district from which received.
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Date of receipt by Certificate Officer. |
Name and address of debtor. |
Nature of claim. |
Amount of claim. |
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2 |
3 |
4 |
5 |
6 |
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| Amount with date of Court or process fees. |
Date of certificate. |
Section of Act under which certificate is made. |
Petitions under Section 8 |
| Date of receipt |
Date of hearing by Certificate Officer, orsubmission to Requiring Officer.
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Date of disposal or return. |
| (a) |
(b) |
(c) |
| 6(a) |
7 |
8 |
9 |
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Amount of claim decreed on objection with costs,if any, allowed under section 10.
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Amount of claim, with costs, if any, under orderof Appellate Court.
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Notice under Section 6 and subsequent processes |
Realisations |
Entry of satisfaction by Certificate Officer. |
Remarks |
| Date of issue |
Kind of process i.e., whether notice underSection 6 or 16 or warrant of attachment, etc.
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Amount |
No. of Chalan |
Date |
| (a) |
(b) |
(a) |
(b) |
(c) |
| 10 |
11 |
12 |
13 |
14 |
15 |
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