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State of Assam - Section

Section 84 in The Bengal Public Demands Recovery Act, 1913

84. Forms in Appendix. - The Forms set forth in the Appendix shall be used, with such variations as circumstances may require.

Form No. 1[See Sections 4 and 6][To be filed in the office of the Certificate Officer of..........(name of district)]
No. of certificate Name and address of certificate holder Name and address of certificate debtor Amount of public demand [including interest ifany, and including the fee paid under Section 5, sub-section (2)if any] for which this certificate is signed and period for whichsuch demand is due Further particulars of the public demand forwhich this certificate is signed.
1 2 3 4 5
         
I hereby certify that the above mentioned sum of Rs......... is due to the above named......... for the above named.........(If the certificate is signed on requisition and sent under Section 5 and.........).I further certify that the above-mentioned sum of Rs............. is justly recoverable and that its recovery by suit is not barred by law.Dated this...........day of......... 19....A.B., Certificate Officer of........Form No. 2Requisition of a Certificate[See Section 5][To the Certificate Officer of the district of.......]
Name of certificate debtor Address of certificate debtor Amount of public demand for which thisrequisition is made Name of the public demand and for which therequisition is made
1 2 3 4
       
I request you to recover the above-mentioned sum of Rs. .......... which I am satisfied after inquiry is due from the said..........in respect of.......Verified by me on the .......... day of ........... 19........A.B., (Designation)Form No. 3Notice to certificate debtor[See Section 7]To(Name of certificate debtor)You are hereby informed that a certificate against you for Rs...... due from you on account of......... , has this day been filed in my office, under section..............of the Bengal Public Demands Recovery Act, 1913;If you deny your liability to pay the said sum of Rs............ you may, within thirty days from the service, of this notice, file in my office a petition denying liability, in whole or in part;If within the said thirty days you fail to file such petition, or if you fail to show cause, or do not show sufficient cause, why such certificate should not be executed; it will be executed under the provisions of the said Act, unless you pay Rs......... (Rs........... on account of the demand and Rs....... on account of costs of realisation) into my office. Until the said amount is so paid you are hereby prohibited from alienating your immovable property, or any part of it, by sale gift, mortgage or otherwise;If you, in the meantime conceal, remove or dispose of any part of your movable property, the certificate would be executed would be executed immediately.A copy of the certificate above mentioned is hereto annexed.You may remit the amount by money order quoting the No. and year of the certificate.Dated this day of 19...A.B. Certificate Officer of..........Form No. 4Petition denying liability[See Section 9]ToThe Certificate Officer of......The humbler petition of.......(name of petitioner) of ..... (address)Sheweth-That a certificate No. ......... of .... (year), for the sum of Rs. .......... has been filed against your petitioner in your office under Sections ........ of the Bengal Public Demands Recovery Act, 1913;That your petitioner respectfully denise his liability to pay the said sum of Rs.........(or where the liability of part is admitted, denies his liability to pay more than Rs...........), and this is for the following reasons :That the facts above stated are true to the best of your petitioner's knowledge and belief.Your petitioner therefore, respectfully prays that the said certificate may be set aside (or modified or varied).A.B. PetitionerForm No. 5Notice to show cause why sale should not be set aside[See Proviso to Section 25(2)]ToWhereas the under-mentioned property was sold on the ............. day of .......... 19...., in execution of Certificate No..... , dated the ......... 19 ....... and whereas the ............... certificate holder (or certificate debtor) has applied to me to set aside the sale of the said property on the ground that...........Take notice that if you have any cause to show why the said application should not be granted you should appear with your proofs in this office on the ......... day of ....... 19...... when the said application will be heard and determined.Given under the seal of the Court, this...........day of ......... 19......Description of Property :Certificate OfficerForm No. 6Summons to appear and answer charge of obstructing execution of certificate[See Section 27(2)]Certificate No. .......... of 19........ToWhereas ............, the certificate holder in the above certificate has complained to this Court that you have resisted (or obstructed) the officer charged with the execution of the warrant for possession;You are hereby summoned to appear in this Court on the.......... day of........ 19......... at.........a.m., to answer the said complaint.Given under the seal of the Court, this.........day of.......19....Certificate Officer.Form No. 7Warrant of committal[See Section 23]ToThe Officer-in-charge of the Civil Prison at.........Whereas, the under mentioned property has been sold to the purchaser at auction sale in execution of certificate case No. .......... dated......... 19....... and whereas the Court is satisfied that ........ without any just cause resisted (or obstructed) and is still resisting (or obstructing) the said......... in obtaining possession of the property, and whereas the said.......... has made application to this Court that the said .......... be committed to the civil prison;You are, hereby commanded and required to take and receive the said............into the civil prison and to keep him imprisoned therein for the period of.........days.Given under the seal of the Court, this..........day of........19.......Certificate OfficerForm No. 8Warrant of arrest[See Section 29]ToWhereas a certificate No. ........... was filed in this office on the ........ 19 ...... under Section ....... of Bengal Public Demands Recovery Act, 1913 against .......... certificate debtor, and the sum of Rs as noted below is due from him in respect of the said certificate :Rs. a. p.Original demandInterestCost of ExecutionTotalAnd, whereas the said sum of Rs....... has not been paid to the certificate holder in satisfaction of the said certificate;These are to command you to arrest the said certificate debtor and unless the said certificate debtor shall pay to you the said sum of Rs....... together with Rs......... for the costs of execution this process, to bring him before the Court with all convenient speed;You are further commanded to return this warrant on or before the day of......... 19...., with an endorsement certifying the day on which and the manner in which it has been executed, or the reason why it has not been executed.Dated this ......... day of ........... 19........Certificate OfficerForm No. 9Order committing certificate debtor to the civil prison[See Section 29]ToThe Officer-in-charge of the Civil Prison at........Whereas............., who has been brought before me this......... day of .......... 19......... under a warrant in execution of certificate No........ filed in this office on the ........... 19..., under Section .......... of the Bengal Public Demand Recovery Act, 1913; and by which certificate it was ordered that the said ......... should pay ......... and whereas the said........has not paid the said sum nor satisfied me that he is entitled to be discharged from custody;You are hereby commanded and required to take and receive the said .......... into the civil prison and keep him imprisoned therein for a period not exceeding.........or until the said certificate shall be fully satisfied, or the said........shall be otherwise entitled to be released according to the terms and provisions of Section 31 or Section 32 of the said Act;And I hereby fix..............annas per diem as the rate of the monthly allowance for the subsistence of the said during his confinement under this order of committal.Dated this ......... day of.........19.......Certificate OfficerForm No. 10Order for the release of person imprisoned in execution of a certificate[See Sections 31 and 32]District.....Certificate No. of 19..ToThe officer-in-charge of the Civil Prison at..........Under orders passed this day, you are hereby directed to set free........certificate debtor, now in your custody.........Dated this day of ......... 19...Certificate Officer.Form No. 11Notice to legal representative of certificate debtor[See Section 29]To(Name of legal representative)You are, hereby informed that a certificate against....... deceased for Rs.......due from him on account of........ was filed in this office on the ........ 19 .......... under section of the Bengal Public Demands Recovery Act, 1913 and that a demand of Rs. .........., in respect of the said certificate proceeding is due from you as the legal representative of the said........ deceased. If you deny your liability to pay the sum of Rs., you may, within thirty days from the service of this notice, file in my office a petition denying liability, in whole or in part. If within the said thirty days, you fail to file such a petition, or if you fail to show cause, or do not show sufficient cause, why such certificate should not be executed, it will be executed, under the provisions of the said Act, unless you pay Rs........(Rs........ on account of the demand and Rs......... on account of costs of realisation) into my office. Until the said amount is so paid, you are hereby prohibited from alienating your immovable property, or any part of it, by sale, gift mortgage or otherwise. If you, in the meantime conceal remove or dispose of any part of your movable property, the certificate will be executed immediately.A copy of the certificate above-mentioned is hereto annexed. You may remit the amount by money-order quoting the No. and year of the certificate.Dated this .......... day of ..... 19...A.B. Certificate Officer of.......Form No. 11-AWarrant of attachment of movable property[See Sections 13 and 14]ToWhereas a certificate No........ was filed in this office on ....... 19 ... under Section ....... of the Bengal Public Demands Recovery Act, 1913 against ........... certificate debtor and the sum of Rs.... as noted below, is due from him in respect of the said certificate;Rs. a. p.Original DemandInterestCostExecutionTotaland whereas the said sum of Rs..........has not been paid to the certificate holder in satisfaction of the said certificate;These are to command you to attach the movable property of the said certificate debtor and unless the said certificate debtor shall pay to you the said sum of Rs. .. with Rs. ... for the costs of executing the process to hold the same until further order from the Court;You are further commanded to return this warrant on or before the day of.......... 19.... with an endorsement certifying the day on which and the manner in which it has been executed, or thereon why it has not been executed.Dated this ........ day of....... 19..Certificate OfficerForm No. 12Attachment in ExecutionProhibitory order, where the property consists of debts not being negotiable instruments, or of movable property not in the possession of certificate debtor[See Rule 18(l)(a) and (c)]ToWhereas.... has failed to satisfy certificate No....... of.... 19 for Rs...., it is ordered that defendant be and is hereby prohibited and restrained until further order of this Court, from receiving from you *........ to the said certificate debtor namely.......... ;and that you, the said ........... be, and your are hereby prohibited and restrained, until the further order of ......... this Court from †..................to any person whomsoever or otherwise than into this Court.Given under the seal of the Court, this day of 19-Certificate Officer of.....* "A certain debt alleged now to be due from you" or "certain movable property in your possession but a alleged to belong",† "Making payment of the said debt" or giving delivery of the said movable property."Form No. 13Attachment in ExecutionProhibitory order where the property consists of shares in the capital of a corporation[See Rule 18 (1) (b)]ToThe ........ certificate debtor ........ and to the Secretary of .... Corporation.Whereas.... has failed to satisfy certificate No. ........ of 19 ..... for Rs... it is ordered that you the defendant be and you are hereby prohibited and restrained, until further order of this Court from making any transfer of...... share in the aforesaid corporation namely ......... or from receiving payment of any dividends thereon; and you ........ the Secretary of the said corporation, are hereby prohibited and restrained from permitting any such transfer or making any such payment.Given under the seal of the Court, this ........ day of ....... 19...Certificate Officer of......Form No. 14Attachment in ExecutionProhibitory order, where the property to be attached consists of movable property, to which the certificate debtor is entitled subject to a lien of right of some other person to the immediate possession thereof[See Rule 18 (l)(c)]ToWhereas... has failed to satisfy certificate No.... of 19... for Rs. ..... it is ordered that the certificate debtor, be, and is hereby prohibited and restrained until further order of this Court, from receiving from..........the following property in the possession of the said .... that is to say,..... to which the certificate debtor is entitled, subject to any claim of the said ......... and the said ......... is hereby prohibited and restrained until the further order of this Court from delivering the said property to any person or persons whomsoever.Given under the seal of the Court this ......... day of... 19 ...Certificate Officer of....Form No. 15Order to attach salary of Public Officer or servant of Railway Company or Local Authority[See Rule 20]ToWhereas... certificate debtor in certificate case No. ..... of.... 19... is a [....] [Describe office of certificate debtor.] receiving his salary or allowance at your hands ; and whereas.... certificate holder in the said case, has applied in this Court for the attachment of the salary or allowances of the said.........to the extent of ..... due to him under the certificate, you are hereby required to withhold the said sum of ........ from the salary or allowances of the said ..... in the monthly instalments of and to remit the said sum or monthly instalments to this Court.Given under the seal of the Court, this .......... day of... 19....Certificate Officer.....Form No. 16Order of attachment of negotiable instrument[See Rule 21]ToThe Collectorate Nazir......Whereas an order has been passed by this Court on the .... day of 19 ..... for the attachment of ......... you are hereby directed to seize the said .............. and bring the same into Court.Give under the seal of the Court, this .......... day of ...... 19.Certificate OfficerForm No. 17AttachmentProhibitory order, where the property consists of money or any security in the custody of a Court of Justice or officer of Government[See Rule 22]Certificate case No....... of 19....ToSir,The certificate holder having applied under Rule 22 of Schedule II of the Bengal Public Demands Recovery Act, 1913 for an attachment of certain money now in your hands* ;I request that you will hold the said money subject to further order of this Court.I have the honour to beSir Your most obedient servant,Certificate Officer of......Dated the...........day of.........19* Here state how the money is supposed to be in the hands of the person addressed, on what account, etc.Form No. 18Notice to certificate holder[See Rule 39]Whereas........... has made application to the Court for the removal of attachment on......... placed at your instance in execution of certificate No............ of 19....; this is to give your notice to appear before me on.......... the ...... day of ....... 19....... either in person or by a pleader duly instructed to support your claim as attaching creditor.Given under the seal of the Court, this ......... day of ........ 19.......Certificate OfficerForm No. 19Warrant of sale of property[See Rule 44]ToThe.........These are to command you to sell by auction, after giving............ days' previous notice, by affixing the same in this office, and after making the proclamation, the under-mentioned, property attached in execution of ...... of certificate No ........ in favour of ..... or so much of the said property as shall realise the sum of Rs. ........ being the ........ of the said certificate and costs still remaining unsatisfied;You are further commanded to return this warrant on or before the .......... day of .......... 19 ........., with an endorsement certifying the manner in which it has been executed or the reason why it has not been executed.Given under the seal of the Court, this ...... day of ...... 19...Specification of property........Certificate OfficerForm No. 20Notice of the day fixed for setting a sale for proclamation[See Rule 46]To............Whereas, in execution of certificate No...........of..........a sale is about to be held of your property mentioned below ; you are hereby informed that the........day of.......19..., has been fixed for settling the terms of the proclamation of sale.The total amount due from you in respect of the certificate including costs and interests is Rs. ..........Given under the seal of the Court, this .......... day of... 19....Specification of property......Certificate OfficerForm No. 21Proclamation of sale[See Rule 46]Certificate No............. of ........ 19 .... under which is the certificate holder and is the certificate debtor.......Notice is hereby given that, under Section 44 in Schedule II to the Bengal Public Demands Recovery Act, 1913, an order has been passed by me for the sale of the property mentioned in annexed schedule, in satisfaction of the claim of the certificate holder under the certificate mentioned in the margin amounting with costs and interest up to date of sale to the sum of Rs........The sale will be by public auction, and the property will be paid up for sale in the lots specified in the Schedule. The sale will be of the property of the certificate debtor above named, as mentioned in the schedule below :In the absence of any order of postponement the sale will be held by ........... at the monthly sale commencing at ............ o'clock on the ............. at............. In the event, however, of the debt above specified, and the cost of the sale being tendered or paid before the knocking down in any lot, the sale will be stopped.At the sale the public generally are invited to bid, either personally or by duly authorised agent. The following are the further conditions of sale :Conditions of sale