Section 5 in Bihar and Orissa Public Demands Recovery Act, 1914
5. Requisition for certificate in other cases.
(1)When any public demand payable to any person other than the Collector is due such person may send to the Certificate Officer a written requisition in the prescribed form:Provided that in the case of an order framed by a liquidator under the Cooperative Societies Act, 1912 [2 of 1912] [See now Bihar Co-operative Societies Act, 1935.] the written requisition shall be sent by the Registrar of Co-operative Societies, Bihar and Orissa.(2)Every such requisition shall be signed and verified in the prescribed manner, and except in such cases as may be prescribed, shall be chargeable with a fee of the amount which would be payable under the Court-fees Act, 1870 (VII of 1870) in respect of a plaint for the recovery of a sum of money equal to that stated in the requisition as being due.Note 1. - Damages under Section 68 of the Bengal Tenancy Act, or Section 175 of the Chota Nagpur Tenancy Act cannot be included in certificates for arrears of rent.[Note 2. - Requisitions made in respect of public demands payable to Government shall not be chargeable with any Court-fee (Board's Notification No. 4-4169, dated the 15th July, 1970)].Note 3. - Government are pleased to exempt the Encumbered estates in Chota Nagpur and all Court of Wards estates in Bengal having properties in this province from pre-payment of ad valorem and process fees in certificate cases on the understanding that no question of remission of the fees will be considered, however insolvent the estates will be.Government are also pleased to extend the concession to the Wards estates in Bihar which have difficulty in finding the money for purchase of stamps in advance on the aforesaid condition and also on the condition that estate should be exempted from pre-payment of fee for a given period.[Memo No. 11198 R-l W-64, dated the 26th October, 1934, of the Government of Bihar and Orissa, Revenue Department.]Note 4. - Government have exempted from pre-payment of ad valorem Court-fee, certificates issued under the Bihar and Orissa Co-operative Societies Act, 1935, on condition that the Court-fee will be the first charge on any sum realised in cash.The Court-fee payable on a requisition for a certificate under a liquidator's order under Section 44 or an award under Section 48 of the Bihar and Orissa Cooperative Societies Act, 1935, is a Court-fee of [75 paise and not an ad-valorem Court-fee] [Substituted for twelve annas].
