Section 18 in Bihar and Orissa Public Demands Recovery Act, 1914
18. Property liable to attachment and sale in execution of a certificate.
(1)The following property is liable to attachment and sale in execution of a certificate under this Act, namely lands, houses or other buildings, goods, money, bank-notes, cheques, bills of exchange, hundies, promissory notes. Government securities, bonds of other securities for money, debts, shares in Corporation and save as hereinafter mentioned, all other saleable property, movable or immovable belonging to the certificate-debtor, or over which or the profits of which, he has a disposing power which he may exercise for his own benefit, whether the same be held in the name of the certificate-debtor or by any other person in trust for him or on his behalf.Note. - Under Sections 2(1 )(a) and (b) and 33 of the Bengal Settled Estates Act, 1904, immovable property, securities and heir looms forming part of an estate settled under that Act can only be sold under the certificate procedure with the Special sanction of the State Government:Provided that the following particulars shall not be liable to such attachment or sale namely -(a)the necessary wearing-apparel, cooking vessels, beds and bedding of the certificate-debtor, his wife and children, and such personal ornaments as, in accordance with religious usage, cannot be parted with by any woman;(b)tools of artizans and where the certificate-debtor is an agriculturist his implements of husbandry and such cattle and seed grain as may, in the opinion of the Certificate Officer, be necessary to enable him to earn his livelihood as such, and such portion of agricultural produce or as of any class of agricultural produce may have been declared to be free from liability under the provision of the next following Section;(c)houses and other buildings (with the materials & the site thereof and the land immediately appurtenant thereto and necessary for their enjoyment) belonging to an agriculturist and occupied by him;(d)books of account;(e)a mere right to sue for damages;(f)any right of personal service;(g)stipends and gratuities allowed to pensioners of the Government or payable out of any service family pension fund notified in the Official Gazette by the Central or any State Government in this behalf and political pensions;(h)allowances (being less than salary) of any public officer or of any servant of a railway company or local authority while absent from duty;(i)the salary or allowances equal to salary of any such public officer or servant as is referred to in clause (h), while on duty, to the extent of -(i)the whole of the salary where the salary does not exceed twenty rupees monthly;(ii)twenty rupees monthly, where the salary exceeds twenty rupees and does not exceed forty rupees monthly; and(iii)one moiety of the salary in any other case;(j)the pay and allowances of persons to whom the Indian Articles of War apply;(k)all compulsory deposits and other sums in or derived from any fund to which the Provident Funds Act, 1897 (Act IX of 1897) for the time being applies in so far as they are declared by the said Act not to be liable to attachment;(l)the wages of labourers and domestic servants whether payable in money or in kind;(m)an expectancy of succession by survisorship or other merely contingent or possible right or interest;(n)a right to future maintenance;(o)any allowance declared by any Indian law in force in the State, to be exempt from liability to attachment or sale in execution of a decree;(p)where the Certificate debtor is a person liable for the payment of land revenue, and movable property which, under any law for the time being applicable to him, is exempt from sale for the recovery of an arrear of such revenue, and(q)any immovable property which under the Tenancy law for the time being in force in the local area in which the Certificate is to be executed, would not have been liable to sale had the certificate been a decree of a Court of ordinary jurisdiction.Explanation. - The particulars mentioned in clauses (g), (h), (i), (j) and (o) are exempt from attachment or sale whether before or after they are actually payable.(2)Nothing in this Section shall be deemed -(a)to exempt houses and other buildings (with the materials and sites thereof and the lands immediately appurtenant thereto and necessary or their enjoyment) from attachment or sale in execution of certificates for rent of any such house, building, site or land; or(b)to affect the provisions of the Army Act or of any similar law for the time being in force.
