Section 16 in The Orissa Public Demands Recovery Act, 1962
16. Special mode of recovery.
(1)Notwithstanding anything contained in any other law or contract to the contrary, the Certificate Officer may at any time or from time to time, by notice in writing, a copy of which shall be forwarded to the certificate-debtor at his last address known to the Certificate Officer, require -(a)any person from whom any money is due or may become due to the certificate-debtor ; or(b)any person who holds or may subsequently hold any money for or an account of the certificate-debtor.to pay to the Certificate Officer either forthwith or upon the money becoming due or being held or at or within the time specified in the notice (not being before the money becomes due or is held) so much of the money as is sufficient to pay the amount due in respect of the certificate or the whole of the money when it is equal to or less than such amount.(2)Where a person on whom a notice is served under Sub-section (1) proves to the satisfaction of the Certificate Officer that the money demanded or any part thereof was not due to the certificate-debtor or that he did not hold any money for or on account of the certificate-debtor at the time the notice was served on him, nor is the money demanded or any part thereof likely to become due to the certificate-debtor or be held for or on account of the certificate-debtor nothing contained in this section shall be deemed to require such person to pay such money or part thereof to the Certificate Officer.(3)The Certificate Officer may, at any time or from time to time, amend or revoke any such notice or extend the time for making any payment in pursuance of the notice.(4)The Certificate Officer shall grant a receipt for any amount paid in compliance with notice issued under Sub-section (1) and the person making such payment shall be deemed to have made the payment under the authority of the certificate-debtor and the receipt granted by the Certificate Officer shall constitute a good and sufficient discharge of the liability of such person to the certificate-debtor to the extent of the amount specified in the receipt.(5)Any person discharging any liability to the certificate-debtor after service on him of the notice issued under Sub-section (1) shall, if the liability is discharged in any manner other than that required in the said notice be personally liable to the Certificate Officer to the extent of the liability so discharged or to the extent of the liability of the certificate-debtor, whichever is less.(6)Any amount of money which a person is required to pay under Sub-section (1) or for which he is personally liable to the Certificate Officer under Sub-section (5) shall, if it remains unpaid, be recoverable as a public demand under this Act.(7)Nothing in this section shall operate, to effect any action that may have been taken or prevent any action that may be or is being taken under the other provisions of this Act for recovery of the dues in respect of the certificate from the certificate-debtor.Attachment
