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Bengal Presidency - Section

Section 84 in 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.Note.— It has been laid down by the Calcutta High Court in the case reported in 58 CWN 573-586, that the certificate form is a statutory form and the effect of any error or omission in filling it is fatal to the certificate and to the entire proceeding which is liable to be quashed. The following defects, namely—
(i)misdescription in the name of the certificate-holder in the certificate, or
(ii)omission to mention correctly in the certificate other particulars including the period for which the demand is due and the reason for the imposition of penalty, or
(iii)omission to sign by the Certificate Officer the certificate which is filed in his office, renders the certificate invalid— Vide Board's `D' Group, C.P. Branch File No. 23 of 1954.
AppendixForms(See rule 84)Form No. 1(West Bengal Form No. 1027)Certificate of Public Demand[See sections 4 and 6]Certificate No............................filed in the office of .............................
Name and address of certificate-holder
Amount of public demand [including interest, if any, andincluding the fee paid under section 5, sub-section (2), if any]for which this certificate is signed, and period for which suchdemand is due. Rs. P.
Name and address of certificate-debtor :
Further particulars of the public demand for which thiscertificate is signed.
*Name of districtI certify that the sums mentioned hereinbefore are due to the certificate-holder by the certificate-debtor(s) and that they are justly recoverable, the recovery by suit not being barred by law.Dated this..............................day of........................ 20.........................................Certificate OfficerForm No. 2(Bengal Form No. 1028)Requisition for 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 Nature of the public demand of which thisrequisition 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 .... 20 ....A.B.,
(Designation)Form No. 3
(Bengal Form No. 1029)Notice 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 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 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 realization) 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 here to annexed.You may remit the amount by money order, quoting the number and year of the certificate.Dated this .........................day of................... 20.................A.B.,Certificate Officer ofForm No. 4(Bengal Form No. 1031)Petition denying Liability(See section 9)ToThe Certificate Officer ofThe humble 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 section .......... of the Bengal Public Demands Recovery Act, 1913.That your petitioner respectfully denies his liability to pay the said sum of Rs............. (or where the liability to pay part is admitted, denies his liability to pay more than Rs............), and this 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.,
(Petitioner)Form No. 5
(Bengal Form No. 1032)Notice to show cause why sale should not be set aside[See proviso to section 25(2)]To......................................................................Whereas the undermentioned property was sold on the................ day of .......... 20.... in execution of certificate No., dated the., 20................... 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......................, 20................ . when the said application will be heard and determined.Given under the seal of the Court, this...................day of................., 20 ................... . Description of property.Certificate OfficerForm No. 6Summons to appear and answer charge of obstructing execution of Certificate[See section 27(2)]Certificate No.................... of 20............To.......................................................Whereas ......................., 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 ... 20...., at........ a.m. to answer the said complaint.Given under the seal of the Court, this................. day of ............... 20 .................Certificate Officer ofForm No. 7(Bengal Form No. 1045)Warrant of Committal(See section 28)ToThe Officer in Charge of the Civil Prison at .........................Whereas the undermentioned property has been sold to ............ the purchaser at auction sale in execution of certificate case No............, dated .......... 20...., and whereas the Court is satisfied that ....................... without any just cause resisted (or obstructed) and is still resisting (or obstructing) the said...................... inobtaining 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 ...... to the civil prison and to keep him imprisoned therein for the period of ... ... days.Give under the seal of the Court, this .................day of.................... 20....................Certificate OfficerForm No. 8(Bengal Form No. 1034)Warrant of Arrest(See section 29)To............................................................Whereas a certificate No...................... was filed in this office on the ...................... 20 ....................... 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;
Original demand …....... …...... …........ Rs. P.
Interest …........ …....... …......    
Costs …........ …........ ….......    
Execution …........ …........ …........    
    Total …........    
and 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 executing 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...................... 20........., with an endorsement certifiying 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................. 20..........Certificate OfficerForm No. 9(Bengal Form No. 1036)Order committing Certificate-debtor to the Civil Prison(See section 29)ToThe Officer in charge of Civil Prison at.......................Whereas, who has been brought before me this.................. day of.................., 20....................... under a warrant in execution of certificate No......................, filed in this office on the............................, 20............................. under section of Bengal Public Demands 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................20................Certificate OfficerForm No. 10Order for the release of a person imprisoned in execution of a Certificate(See sections 31 and 32)District............................Certificate No...................... of 20.........................ToThe Officer in Charge of the Civil Prison at.........................Under order passed this day, you are hereby directed to set free......................... certificate-debtor, now in your custody.Dated this........................ day of................., 20 ...............Certificate OfficerForm No. 11(Bengal Form No. 1037)Notice to Legal Representative of Certificate-debtor(See section 43)To......................................(Name of the 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....................., 20................., 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 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 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 cost 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 number and year of the certificate.Dated this .................. day of..............., 20..............A.B.Certificate OfficerForm No. 11AWarrant of Attachment of Movable Property(See sections 13 and 14)ToWhereas a certificate No. .......... was filed in this office on the...............20................., 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:
Original demand …....... …...... …........ Rs. P.
Interest …........ …....... …......    
Costs …........ …........ ….......    
Execution …........ …........ …........    
    Total …........    
and whereas the said sum of Rs. has not been paid to the certificateholder in satisfaction of the said certificate; these are to command you to attach the movable property of the said [certificate-debtor] [When the order is to attach part of the movable property only, add here to the value of Rs...............] and, unless the said certificate-debtor shall pay to you the said sum of Rs. together with Rs........................, for the costs of executing this process to hold the same until further orders from the Court.You are further commanded to return this warrant on or before the ...................... .... day of.................... , 20 ........................ 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..................., 20 ......................Certificate OfficerForm No. 11BNotice to persons added to the Original Certificate[See rule 83B(2)]To......................................You are hereby informed that a certificate against
(a).................................
(b).................................
(c).................................
etc.for Rs....................... on account of................... was filed in this office on the....................., 20 under section..................of the Bengal Public Demands Recovery Act, 1913. It now appears that the certificate-debtor,
(a)or
(b)o
(c)etc.
had died before the said certificate was filed and that you are liable as his legal representative to satisfy the said demand and your name has accordingly been added in the certificate. 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 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 said Act, unless you pay Rs....................... (Rs....................... on account of demand and Rs. ... .... on account of cost 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 number and year of certificate.Dated this.................... day of...................., 20............Certificate Officer ofForm No. 11CNotice to Surviving Certificate-debtor[See rule 83B(2)]To.........................................Whereas a certificate against (a) or
(b)or
(c)etc.
for Rs.............. on account of................... was filed in this office on the................ 20.......................and a copy of the said certificate and a notice under section 7 of the Bengal Public Demands Recovery Act, 1913, has been served on you and whereas the said
(a)or
(b)or
(c)etc.
having died before the filing of the said certificate the name of his legal representative (X) has been added in and the name of the said
(a)or
(b)or
(c)etc.
has been struck out from the said certificate, a copy of the certificate as amended is hereby annexed for your information.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 the certificate-debtor[See rule 18(1)(a) and (c)]To.........................Whereas......................... has failed to satisfy certificate No..................... of 20 ................., for Rs................ it is ordered that defendant be and is hereby prohibited and restrained until the further order of this Court, from receiving [from you] [A certain debt alleged now to be due, or certain movable property in your possession be alleged to belong.] to the said certificate-debtor, namely, and that you, the said ........................be, and you are hereby prohibited and restrained, until the further order of the Court [from] [Making payment of the said debt or giving delivery of the said movable property.] to any person whomsoever, or otherwise than into this Court.Given under the seal of the Court this ...................day of.................., 20.....................Certificate Officer ofForm No. 13Attachment to ExecutionProhibitory order, where the property consists of shares in the capital of a Corporation[See rule 18(1)(b)]To..............................., certificate-debtor and to, Secretary of Corporation.Whereas....................... has failed to satisfy certificate No. .......................... of 20.............., for Rs. ..............; it is ordered that you, the defendant, be and you are hereby, prohibited and restrained until the further order of this Court from making any transfer of shares 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.................., 20.............Certificate Officer ofForm 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 or right of some other person to the immediate possession thereof[See rule 18(1)(c)]ToWhereas has failed to satisfy certificate No................ of 20............. for Rs. .... it is ordered that the certificate-debtor be, and is hereby, prohibited and restrained, until the 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............, 20.......................Certificate Officer ofForm 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.................... 20..................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 allowance 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 allowance of the said........................... in 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............................, 20....................Certificate Officer ofForm 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 .... 20................. for the attachment of......................., you are hereby directed to seize the said and bring the same into Court.Given under the seal of the Court, this.................... day of ..................., 20...................Certificate OfficerForm No. 17AttachmentProhibitory order, where the property consists of money or of any security in the custody of a Court of Justice or officer of Government(See rule 22)Certificate case No....................of 20................To..............................Sir.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] [Here state how the money is supposed to be in the hands of the person addressed, on what account, etc.];I request that you will hold the said money subject to the further order of this Court.I have the honour to be,Sir,Your most obedient servant,Certificate Officer ofDated the........................... day of .................... 20...............Form No. 18(Bengal Form No. 1038)Notice to Certificate-holder(See rule 39)Whereas..................has made application to this Court for the removal of attachment on......................... placed at your instance in execution of Certificate No..................., of ............. 20 ..........; this is to give you notice to appear before me on ................... the ......................, day of............., 20..............., 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 ..................., 20....................Certificate Officer ofForm No. 19(Bengal Form No. 1039)Warrant 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 due proclamation, the undermentioned property attached in execution of certificate No. .... in favour of................, or so much of the said property as shall realize 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................, 20................, with an endorsement certifying the manner in which it has been executed or on the reason why it has not been executed.Given under the seal of the Court, this................... day of, 20............ .Specification of propertyCertificate OfficerForm No. 20(Bengal Form No. 1040)Notice of the day fixed for settling a Sale Proclamation(See rule 46)To.................................. Certificate-debtor.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.................. 20...................., 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 interest is...........................Given under the seal of the Court, this day of , 20 . . .Specification of propertyCertificate OfficerForm No. 21(Bengal Form No. 1041)Proclamation of Sale(See rule 46)Certificate No...................., of 20...................., under which ................... is the certificate holder and.................... is the certificate-debtor.NOTICE is hereby given that, under rule 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 the 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 put 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 of the costs of the sale, being tendered or paid before the knocking down of any lot, the sale will be stopped.At the sale the public generally are invited to bid, either personally or by duly authorized agent. The following are the further.Conditions of Sale