Note on Public Demands Recovery

The Public Demands Recovery Act, of 9. To prescribe a clear procedure for

1913 execution of recovery proceedings.
The Public Demands Recovery Act, 1913 is
a special law that establishes a summary, Reasons for Considering the PDR Act,
quasi-judicial, and administrative 1913 as a Self-Contained Act
mechanism for the recovery of certain a) Easy Intelligibility
specified dues, known as public demands, by The Act is clear and understandable without
empowering designated revenue officers needing to rely on other laws.
(called Certificate Officers) to determine Example:
liability and enforce recovery through a A Certificate-officer can determine who is a
process known as a certificate proceeding, certificate-debtor or what constitutes a public
which operates in substitution of the ordinary demand directly from Section 3, without
civil court process. consulting any external statute.

Objectives of the Public Demands b) Special, Speedier, and Easier Procedure

Recovery Act, 1913 The Act provides a simplified and faster
1. To determine various types of dues, mechanism for recovery of mostly
which are generally undisputed in undisputed dues.
nature. Example:
2. To create a speedier and simpler Instead of filing a civil suit for recovery of
procedure for recovery of such dues. arrears of land revenue, the authority can
3. To facilitate recovery of public directly initiate a certificate case and proceed
demands payable to the Government. to attachment and sale.
4. To enable recovery of public
demands payable to persons other c) Limited Applicability of the Code of
than the Government (where Civil Procedure, 1908
authorized). The Act functions independently, and CPC
5. To remove doubts regarding the applies only in a limited manner. This was
interpretation of provisions of the affirmed in Sadhu Saran vs. Panch Deo Lal.
earlier Public Demands Recovery Example:
Act, 1895. After an auction sale is completed under the
6. To remedy administrative anomalies PDR Act, issues like confirmation of sale or
and incorporate necessary provisions further objections are governed by the Act
identified in practice. itself, not by CPC provisions.
7. To consolidate the law and make the
Act self-contained and d) Prescription of Procedure for Sale
comprehensive. The Act itself prescribes how attached
8. To prescribe a clear procedure for property is to be sold.
sale (especially of attached property). Example:
If a debtor fails to pay a সরকারর due, the

2
Certificate-officer can attach and sell ব্যক্তি is found legally responsible (e.g., legal
movable property (such as crops or goods) representative, transferee, or joint obligor),
following the procedure laid down in the Act, the Certificate-officer may include them.
without referring to external auction laws. Practical significance:
 Ensures flexibility in enforcement.
e) Prescription of Procedure for Execution  Prevents evasion by transfer of
The Act contains a complete framework for liability or property.
execution of recovery proceedings.
Example: 2. Certificate-holder
Once a certificate is signed, the Certificate- A certificate-holder is the entity in whose
officer can proceed with attachment, arrest favour the certificate is filed.
(where applicable), or sale of property—all Key elements:
under the Act’s own provisions, without  Typically, the Government.
filing an execution case in a civil court.  May also be a private ব্যক্তি, if the
law permits recovery through this
f) Incorporation of New Provisions mechanism.
The Act incorporates specific provisions to  Includes substituted or added
address practical issues in recovery of public creditors.
demands. Interpretation:
Example: Although primarily a tool for recovery of
Provisions allowing substitution of parties
রাষ্ট্রীয় dues, the Act allows certain দারব্দার
(e.g., adding a legal representative as
(claimants) to use this mechanism where
certificate-debtor) ensure that recovery does
authorized by law.
not fail due to death or transfer of liability.
Practical significance:
 Recognizes both state and non-state
claims.
Section 3
 Facilitates administrative recovery
1. Certificate-debtor
without resorting to lengthy civil
A certificate-debtor is the ব্যক্তি (person) litigation.
against whom a certificate for recovery of Example:
public demand has been filed. 1. Agricultural Loan by a Bank (Non-
Key elements: Government Claimant)
 The person must be named in the
Suppose a কৃষক takes a loan from a bank
certificate.
such as Sonali Bank Limited or even a legally
 It includes substituted or added
authorized financial institution.
persons by the Certificate-officer.
 The borrower defaults.
Interpretation:
 Under specific laws or government
This definition is intentionally broad.
notifications, such loan dues may be
Liability is not confined to the originally
declared as “public demand” (listed
named ব্যক্তি. If, during proceedings, another in Schedule I).

3
  The bank (not acting as  Collector
“Government” strictly, but as a  Upazila Nirbahi Officer (UNO)
creditor authorized by law) can file a  Upazila Magistrate
certificate case.  Any officer appointed by the
Here, the bank becomes the certificate- Collector with approval of the
holder, even though it is not the Government Commissioner
in the strict sense.  Usually AC Land regarding Land
Issues
2. Cooperative Society Dues Interpretation:
A member of a registered cooperative society This reflects a quasi-judicial administrative
(e.g., under Co-operative Societies Act, framework. The Certificate-officer
2001) fails to repay dues. exercises powers similar to a civil court in
 The law may allow such dues to be limited respects.
recovered as public demand. Practical significance:
 The cooperative society can initiate  Decentralizes recovery authority.
recovery under the PDR mechanism.  Enables speedy execution of public
The society acts as a certificate-holder demands at the local administrative
(private claimant). level.

3. Statutory Corporation Claims 4. Movable Property

A statutory body (e.g., development Defined broadly to include growing crops.
authority, utility provider) is owed money. Interpretation:
 If the relevant statute declares such dues Ordinarily, crops attached to land might raise
recoverable as public demand, classification issues. The Act explicitly
 That body can proceed under the PDR includes them as movable property for
Act. recovery purposes.
Example: RAJUK Practical significance:
 A person buys a plot from RAJUK  Expands the scope of attachable
 Fails to pay installment or development assets.
charges  Important in an agrarian economy
 The law allows RAJUK to recover dues like Bangladesh.
as public demand
→ RAJUK can file a case under the PDR Act 5. Prescribed
to recover the money Means prescribed by rules.
Interpretation:
3. Certificate-officer This connects the Act to its subordinate
A Certificate-officer is the authority legislation (rules and forms), ensuring
responsible for conducting recovery procedural flexibility.
proceedings. Practical significance:
Includes:

4
  Many procedural aspects are not in  Allows adaptation over time without
the Act itself but in the rules. amending the Act.
 Highlights the importance of
Schedule II and rule-making
power.

6. Public Demand Public Demands:

A public demand is the central concept of the 3. Money recoverable as arrears of
Act. revenue
Defined as: Any money which the law says can be
 Any arrear or sum listed in Schedule recovered like land revenue.
I, plus Example:
 Any legally chargeable interest up to Unpaid land tax or government revenue can
the signing of the certificate be recovered through certificate proceedings.
Interpretation:
The Act does not apply to all debts. Only 4. Money declared as public demand by
those specifically categorized as “public law
demand” fall within its scope. If any law specifically says a certain amount
Practical significance: is a public demand or recoverable like one.
 Limits jurisdiction of Certificate- Example:
officers. A statute declares unpaid electricity dues as
 Ensures statutory certainty—only recoverable as public demand.
listed দারব্গুল া recoverable under
PDR. 5. Money due from sureties of a farmer
If a person guarantees (acts as surety) for a
7. Rules farmer’s revenue payment, and the farmer
Refers to: fails, the surety must pay.
 Rules and forms in Schedule II, and Example:
 Rules made under section 39 of the A guarantor of a leaseholder must pay
Act revenue if the leaseholder defaults.
Interpretation:
This establishes a dual source of procedural 6. Fees or costs awarded by Revenue
law: authority
 Built-in procedural framework Any fees or costs imposed by a revenue
(Schedule II) authority under law.
 Delegated legislation (rules framed Example:
by authority) Penalty or administrative cost imposed by a
Practical significance: land revenue officer.
 Provides procedural completeness.

5
7. Demand related to land or similar rights Example:
Money payable to the Collector for enjoying A member must contribute to cover losses of
rights over land, forest, fisheries, etc. a dissolved cooperative society.
Example:
Fee for using government land or fishing 12B. Money due to land mortgage bank
rights in a government water body. Loans or interest payable to a land mortgage
bank or its assignee.
8. Arrears from estates managed by Example:
Government Unpaid agricultural loan taken from a
When Government manages property (e.g., cooperative land mortgage bank.
trust or estate), unpaid rent or dues can be
recovered. 13. Money due from purchaser in
Example: certificate sale
Rent due from tenants of a property under If someone buys property in a certificate sale
Court of Wards management. but fails to pay the price.
Example:
9. Money agreed (by written registered A bidder wins an auction but does not pay the
document) to be public demand purchase money.
If someone agrees in writing (registered)
that a debt can be recovered as public 14. Money payable to local authorities
demand. Dues payable to local government bodies.
Example: Example:
A contractor signs a registered agreement Holding tax or municipal tax payable to a
that unpaid dues will be recoverable as public Paurashava (municipality).
demand.
15. Money payable to nationalized banks
9A. Government loan recoverable as Dues payable to government-owned banks.
public demand Example:
Loans given by Government (or its officer), Loan default to a nationalized bank like
if agreed in writing, can be recovered this Sonali Bank.
way.
Example: 16. Money payable to Palli-Karma
Agricultural loan taken from Government Sahayak Foundation
with agreement for recovery as public Loans or dues payable to this government-
demand. backed financial institution.
Example:
12A. Contribution ordered by liquidator Microcredit loan taken from PKSF and not
(Co-operative Society) repaid.
Money ordered to be paid during liquidation
of a cooperative society.

6
 Section 4: Filing of certificate for public
demand payable to Collector
When the Certificate-officer is satisfied that
any public demand payable to the Collector
is due, he may sign a certificate, in the
prescribed form, stating that the demand is
due, and shall cause the certificate to be filed
in his office.

Analysis:
When the Certificate Officer believes that
someone owes money to the Collector
(government), he can officially start the
recovery process.
Step-by-step idea
1. Check the dues
The Certificate Officer first checks and
becomes satisfied that a public demand
(government dues) is actually unpaid.
2. Prepare a certificate
He then writes and signs a certificate (an
official document) stating:
“This person owes this amount to the
government.”
3. File the certificate
After signing, he files (records) the
certificate in his office.

7
Under the Public Demands Recovery Act, Form No. 1, the officer certifies that this
1913, Certificate Officer Mr. Anowar is amount is justly recoverable from the debtor
proceeding to file a formal certificate against and that the recovery by suit is not barred by
Mr. Rafiq, son of Mr. Shafiq, of Dhaka, for a law.
public demand totaling BDT 20,000 (Twenty
Thousand). This sum is due on account of
land revenue covering the specific period
from January 2025 to December 2025. In
accordance with the legal requirements of

8
 certificate, in the prescribed form, stating that
the demand is due; and shall include in the
certificate the fee (if any) paid under section
5, sub-section (2); and shall cause the
Section 6: Filing of certificate on certificate to be filed in his office.
requisition:
On receipt of any such requisition, the Analysis:
Certificate-officer, if he is satisfied that the This section explains what the Certificate
demand is recoverable and that recovery by Officer does after receiving a requisition
suit is not barred by law, may sign a (application for recovery of money):

9
 1. Check the requisition that Mr. Rafiq, son of Mr. Shafiq, residing in
The Certificate Officer first checks: Manikganj, obtained a loan from the said
o Whether the money (demand) bank on 1 January 2022. However, he has
is legally recoverable failed to repay the loan till date, and the total
o Whether filing a normal outstanding amount now stands at BDT
lawsuit is still allowed (i.e., 500,000. Accordingly, Mr. Maruf, on behalf
not time-barred) of the bank, has made a requisition to the
2. If satisfied Certificate Officer for recovery of the said
If both conditions are fulfilled, the amount under the Public Demands Recovery
officer will: Act, 1913
o Sign a certificate stating that
the money is due
o Use the prescribed format
3. Include fees
Any fee paid under Section 5(2) must
be added to the certificate
4. Official filing
The officer then files the certificate
in his office, making it an official

record

Mr. Maruf, the Managing Director of a

সরকারর ব্যাাংক named Golapi Bank, states

10
 2. Who performs the action?
 The Certificate-officer
Section 7: Service of notice and copy of → He is legally responsible for
certificate on certificate-debtor ensuring service of notice.
When a certificate has been filed in the office
of a Certificate-officer, under section 4 or 3. What must the Certificate-officer
section 6, he shall cause to be serve upon the do?
certificate-debtor, in the prescribed manner, a He must cause to be served (i.e.,
notice in the prescribed form and a copy of ensure service of):
the certificate. 1. A notice, and
2. A copy of the certificate
Analysis: → Both must be given to the debtor.
1. When does this section apply?
This section applies after a 4. To whom is it served?
certificate is filed:  The certificate-debtor
 under Section 4 (by the
→ The person against whom
Collector), or
the claim is made.
 under Section 6 (on
requisition by another person)
5. How is it served?
→ So, filing of certificate = starting  “In the prescribed manner”
point
→ Meaning:

11
  The Act itself does not Rule 6 – Procedure where debtor refuses or
explain the method cannot be found
o The method is given in rules  If refusal or debtor not found after
(Schedule II) effort:
o (a) Affix notice on house
SCHEDULE II (door/conspicuous place), OR
o (b) If land involved, affix on
Service of Summon land + office of Certificate-
officer
Rule 2 – Mode of service  Officer must report details (how,
 Notice must be served by delivering where, witnesses, etc.)
or tendering a copy
 It must be signed by the Certificate- Rule 7 – Endorsement of time and manner of
officer (or authorized officer) service
 Must be sealed with official seal  Serving officer must record:
o Time of service
Rule 3 – Service on certificate-debtor or his o Manner of service
agent o Details of
 Preferably serve personally on the witnesses/identifiers
debtor
 If he has an authorized agent, Rule 8 – Examination of serving officer
service on the agent is valid  If service is doubtful (especially
under Rule 6):
Rule 4 – Service on adult male member of o Officer may examine serving
family officer on oath
 If debtor cannot be found and has no o Can make further inquiry
agent  Then decides:
 Serve on adult male family member o Service valid, or
living with him o Order fresh service
 ️ Servant is not considered a family
member Rule 9 – Service by post
 Notice may also be served by post
Rule 5 – Person served to sign  Only if directed by Certificate-
acknowledgement officer
 Person receiving notice must sign
acknowledgement
 Signature is taken on the original
notice 6. What form should the notice be?
 “In the prescribed form”
→ So:

12
  The notice must follow a fixed legal 🔸 Clause (a) – Transfer becomes
format void
 Not any random or informal notice ✔️ Rule:
After notice is served:
###Key Purpose of Section 7  If the debtor sells, gifts, or
→ To inform the debtor officially that: transfers his immovable
 A certificate (claim) has been filed property (land, house, etc.)
against him  That transfer will be void
 He now has a chance to respond or against the certificate claim
object (under Section 9) → Meaning:
The transfer is not effective against
the certificate-holder

Section 8: Effect of service of notice of Example:

certificate Rafiq owes money under a certificate.
After receiving notice:
From and after the service of notice of any  He sells his land to Karim
certificate under section 7 upon a certificate- →Result:
debtor,- (a) any private transfer or delivery of  This sale is ignored for
any of his immovable property situated in the recovery purposes
district in which the certificate is filed, or of  Government can still attach
any interest in any such property, shall be and sell that land to recover
void against any claim enforceable in money
execution of the certificate; and
(b) the amount due from time to time in
🔸 Clause (b) – Charge on property
respect of the certificate shall be a charge
✔️ Rule:
upon the immovable property of the
 The amount due becomes a
certificate-debtor, wherever situated, to
which every other charge created “charge” on all immovable
property of the debtor
subsequently to the service of the said notice
 This applies everywhere (not
shall be postponed.
just the district)
→ Also:
Analysis:  Any new charge created
Once notice is served, the debtor loses after notice (like mortgage,
freedom to deal with his property loan)
normally, and the law protects the  Will be secondary
creditor’s claim. (postponed) to the certificate
claim

13
 (The debtor’s land or house (2) If any such petition is presented to a
automatically becomes security for Certificate-officer other than the Certificate-
the debt. This applies to all his officer in whose office the original certificate
immovable property, anywhere) is filed, it shall be sent to the latter officer for
disposal.
Example:
After notice: Analysis:
 Rafiq takes a loan from a bank This section explains the right of the
and mortgages his house certificate-debtor (the person owing
→Result: money) to challenge or deny their
 The certificate claim comes liability through a formal petition
first process.
 Bank’s claim will be paid Key Points to Remember
later (if anything remains) Who can file? The certificate-debtor
(the person against whom the
Exception: certificate is filed).
Rule 66 of Schedule II When can they file? Within 30
days from either:
If property is ordered to be sold,  Service of notice under section 7,
 The debtor can request time to OR
arrange money himself (by If notice wasn't properly served, then
mortgage, lease, or private within 30 days from when any
sale), enforcement action begins
 If the officer is satisfied, he Where to file? Submit to the
may delay the sale on suitable Certificate-officer who has
terms and time. jurisdiction, specifically:
Section 9: Filing of petition denying The Certificate-officer in whose
liability office the certificate is originally
(1) The certificate-debtor may, within thirty filed, OR
days from the service of the notice required The Certificate-officer who is
by section 7, or, where the notice has not been executing/enforcing the certificate
duly served, then within 30 days from the What to submit? A petition that
execution of any process for enforcing the must be:
certificate, present to the Certificate-officer In the prescribed form (standard
in whose office the certificate is filed, or to official format)
the Certificate-officer who is executing the  Signed by the debtor
certificate, a petition, in the prescribed form,  Verified in the prescribed manner
signed and verified in the prescribed manner, (officially attested/authenticated)
denying his liability, in whole or in part.  Denying liability "in whole or in
part" (completely or partially)

14
 Analysis:
Important Rule (Subsection 2) This section explains what happens
If a debtor mistakenly files their after the debtor files a petition
petition with the wrong Certificate- denying liability. It describes the
officer, don't worry—that officer will process the Certificate-officer must
simply forward it to the correct follow to decide whether the debtor
officer who originally filed the actually owes the money.
certificate. This ensures the case
reaches the right authority. Main Process (The Officer’s
Authority)
Simple Example Who decides? The Certificate-
Imagine Ram has a debt certificate officer in whose office the original
filed against him. He gets a notice on certificate is filed.
January 1st. He has until January What do they do? The officer must:
31st to file a petition saying "I don't  Hear the petition – Listen to
owe this money" or "I only owe half." arguments from the debtor
He must file it with the proper  Take evidence if necessary –
Certificate-officer, and if he files with Collect proof/documents if
the wrong one, it gets redirected needed
automatically.  Determine liability – Decide
whether the debtor owes the
full amount, part of it, or
Section 10: Hearing and determining of nothing at all
such petition Possible outcomes: Based on their
The Certificate-officer in whose office the decision, the Certificate-officer can:
original certificate is filed shall hear the  Set aside the certificate –
petition, take evidence (if necessary), and Cancel it completely (debtor
determine whether the certificate-debtor is owes nothing)
liable for the whole or any part of the amount  Modify the certificate –
for which the certificate was signed; and may Change the amount owed
set aside, modify or vary the certificate  Vary the certificate – Adjust
accordingly: Provided that, if the Certificate- the terms as needed
officer is not the Collector, and considers that
the petition involves a bona fide claim of The Important Exception (The
right to property, he shall refer the petition to “Provided” Clause)
the Collector for orders; and the Collector, if This is a special rule when a property
he is satisfied that a bona fide claim of right right issue comes up:
of property is involved, shall make an order When does this apply?
canceling the certificate.

15
  The Certificate-officer is EXECUTION OF CERTIFICATE
NOT a Collector (i.e., a
lower-ranking officer), AND Section 11: Who may execute certificate:
 The petition involves a Certificate Officer
genuine/bona fide claim of
right to property
What must happen? Section 13: When certificate may be
 The Certificate-officer must executed:
refer the case to the No step in execution of a certificate shall be
Collector (higher authority) taken until the period of 30 days has elapsed
What does the Collector do? since
 If the Collector agrees there’s  the date of the service of the
a genuine property right notice required by section 7,
issue, they must order the or,
certificate to be canceled  when a petition has been duly
completely filed under section 9, until
such petition has been heard
Simple Example and determined:
Scenario 1 (Normal case): Raj’s Provided that, if the Certificate-officer in
debt certificate says he owes ₹50,000. whose office a certificate is filed is satisfied
In his petition, he shows receipts that the certificate-debtor is likely to conceal,
proving he already paid ₹30,000. The remove or dispose of the whole or any part of
Certificate-officer reviews the such of his movable property as would be
evidence and modifies the certificate liable to attachment in execution of a decree
to ₹20,000. of a Civil Court, and that the realization of the
Scenario 2 (Property issue): Priya’s amount of the certificate would in
debt certificate was issued because consequence be delayed or obstructed, he
she “stole” something. She petitions may at any time direct, for reasons to be
saying “That’s my property, not recorded in writing, an attachment of the
stolen.” The junior Certificate-officer whole or any part of such movable property:
realizes this is a property dispute and Provided further that if the certificate-debtor
refers it to the Collector. The whose movable property has been so attached
Collector agrees it’s her property and furnishes security to the satisfaction of the
cancels the entire certificate. Certificate-officer, such attachment shall be
cancelled from the date on which such
security is accepted by the Certificate-officer.

Analysis:
This section explains when the
certificate can actually be enforced

16
against the debtor’s property. It sets What can the officer do?
strict timelines but also allows  Attach/seize the movable
emergency action in certain property immediately
situations. (without waiting 30 days or
petition hearing)
Main Rule: Wait Period Required  Must record reasons in
The certificate CANNOT be writing (must explain why
executed (enforced) until: emergency action was
1. 30 days have passed from needed)
when the notice (Section 7) What is “movable property”?
was served on the debtor, Things that can be moved: cash,
AND vehicles, jewelry, electronics,
2. Any petition filed has been livestock—NOT land or buildings.
heard and decided (if the
debtor filed a petition under Simple Example of Emergency
Section 9) Attachment
Why this waiting period? Scenario:
 Gives the debtor time to  Ravi has a ₹5,00,000
respond certificate filed against him on
 Ensures fair procedure Monday
 Allows debtor to challenge  The notice will be served on
the certificate first Tuesday
 But the Certificate-officer
hears that Ravi is planning to
The Exception: Emergency flee to another country on
Attachment (First “Provided”) Wednesday with all his cash
Sometimes waiting is risky. If the and jewelry
debtor might hide or remove their  There’s no time to wait 30
assets, the Certificate-officer can act days
immediately without waiting. What can happen?
When can they do this?  The Certificate-officer can
The Certificate-officer must be immediately attach Ravi’s
satisfied that: movable property (seize his
1. The debtor is likely to cash, jewelry, car, etc.)
conceal, remove, or dispose  Officer must write down
of movable property (things reasons: “Debtor planning to
like cash, jewelry, vehicles— flee country with assets”
not land), AND  This protects the creditor’s
2. This would delay or obstruct interests
collection of the debt

17
 The Second Exception: Security execution at the same time against the person
Cancels Attachment and property of the certificate-debtor.
If the debtor provides security
(guarantee):
The attached property is Section 20 Purchaser’s title
released/freed from that date. (1) Where property is sold in execution of a
What is “security”? certificate, there shall vest in the purchaser
 Pledge of another asset merely the right, title and interest of the
 Bank guarantee certificate-debtor at the time of the sale, even
 Deposit of money though the property itself be specified.
 Any guarantee satisfactory to (2) Where immovable property is sold in
the officer execution of a certificate, and such sale has
Simple example: become absolute, the purchasers' right, title
 Officer seized Ravi’s jewelry and interest shall be deemed, to have vested
worth ₹2,00,000 in him from the time when the property is
 Ravi says “Keep my jewelry, sold, and not from the time when the sale
but I’ll deposit ₹2,00,000 in a becomes absolute.
bank account as security” (3) Notwithstanding anything contained in
 Officer agrees sub-section (1) or in any other law for the
 Once Ravi deposits the time being in force, where a tenure or holding
money, the jewelry is is sold in execution of a certificate for arrears
released back to him of rent due in respect thereof or for the
recovery of any dues under the 10[* * *]
Agricultural Income-tax Act, 1944, the
Section 14: Modes of execution tenure or holding shall, subject to the
Subject to such conditions and limitations as provisions of section 90 of the 11[* * *] State
may be prescribed, a Certificate-officer may Acquisition and Tenancy Act, 1950, where
order execution of a certificate- that section is in force, pass to the purchaser
(a) by attachment and sale, or by sale with power to annual incumbrances:
(without previous attachment), of any Provided as follows-
property, or (a) an imcumbrance created by a
(b) by attachment of any decree, or registered instrument, of which a
(c) by arresting the Certificate-debtor and copy has, not less than three months
detaining him in the civil prison, or before the actual of the arrear, been
(d) by any two or all of the methods served on the Government shall not
mentioned in clauses (a), (b) and (c). be so annulled except in the case
prescribed; and
Explanation to clause (d).-The Certificate- (b) the power to annual shall be so
officer may, in his discretion, refuse exercisable only in the manner
prescribed.

18
(4) Notwithstanding anything contained Subsection (1): The purchaser only
elsewhere in this Act, no sale of any tenure or gets what the debtor actually
holding in execution of a certificate for owned.
arrears of rent or for the recovery of any dues Simple meaning:
under the 12[* * *] Agricultural Income-tax  If the debtor owned the property
Act, 1944, shall effect the title or interest of completely → purchaser gets
the House Building Finance Corporation complete ownership
established under the 13[Bangladesh House  If the debtor owned it partially →
Building Finance Corporation Order, 1973] purchaser gets only that partial
or the 14[Bangladesh Krishi Bank] share
established under the 15[Bangladesh Krishi  If the debtor had limited rights →
Bank Order, 1973] or a co-operative society purchaser gets only those limited
established under the 16[* * *] Co-operative rights
Societies Act, 1940 in respect of a registered Example:
and notified incumbrance mentioned in  Raj owes money; his house is sold
clause (i) of the proviso to sub-section (3), to recover the debt
unless a concise statement of the order of  Raj only owned 50% of the house
attachment and proclamation of sale has, in (wife owns the other 50%)
the prescribed manner and at the time of issue  The purchaser gets only 50%, not
of such proclamation, been sent by the the whole house
Certificate-officer by registered post to the  Wife's 50% remains with the wife
House Building Finance Corporation or the
17[Bangladesh Krishi Bank], or the co- Part 2: When Does Ownership
operative society, as the case may be. Transfer for Land?
(5) Where the certificate-holder is a co-sharer Subsection (2): For immovable
landlord and the certificate is for his share of property (land/buildings),
the rent only, the provisions of sub-section ownership passes to the
(3) shall not apply. purchaser immediately when sold,
not when the sale is finalized.
Analysis: Key Point:
This section explains what rights  Sale date = Ownership transfers
and ownership a purchaser gets  Final absolute sale date = Just a
when property is sold to recover a formality after this
debt certificate. It's about protecting Why this matters?
both the purchaser and lenders who  Purchaser's rights start
have claims on the property. immediately
 Protects purchaser's interests from
Part 1: Basic Rule - What the that moment
Purchaser Gets

19
 Part 3: Special Rule for Agricultural  The new purchaser cannot remove
Property (Tenures/Holdings) the bank's mortgage
Subsection (3): This applies Exception (b) - Prescribed Manner:
when agricultural land/farms are sold for  The power to annul encumbrances
unpaid rent or agricultural taxes. must be exercised only in the
Special power given to purchaser: The manner prescribed (according to
purchaser can annul/remove rules)
encumbrances (remove
debts/liens/mortgages on the property). Part 4: Protection for Financial
What are encumbrances? Institutions
 Mortgages Subsection (4): Special protection
 Pledges for three types of lenders:
 Liens 1. House Building Finance
 Other claims on the property Corporation (HBFC)
Simple example: 2. Bangladesh Krishi
 Farmer Mohan owes rent on his farm Bank (Agricultural Bank)
 The farm is sold to recover the debt 3. Co-operative societies
 The farm had a mortgage to a bank Protection given: These lenders'
(encumbrance) registered and notified
 The new purchaser can remove that mortgages cannot be affected by the
mortgage sale unless:
BUT IMPORTANT EXCEPTIONS  The Certificate-officer sends
(Proviso a & b): them written notice by registered
Exception (a) - Registered Incumbrance with post
Notice: If an encumbrance was:  Notice is sent at the time of issuing
 Created by a registered legal document, the proclamation of sale
AND  Notice contains a concise
 Notice was served on the Government at statement of the attachment and
least 3 months before the arrears sale order
accumulated Why this rule?
→ Then the purchaser CANNOT annul  These are government/official
it (except in prescribed cases) lenders helping common people
Simple example:  They need protection so they can
 Bank registered a mortgage on the keep lending
farm in January  They deserve advance notice
 Bank sent notice to Government in before their security is affected
March Example:
 Rent becomes due in July (more  Farmer took loan from Krishi
than 3 months later) Bank to buy a tractor
 Farmer defaults on rent

20
  Farm is sold to recover rent debt not served under section 7 or on the ground
 Before this sale affects the bank's of a material irregularity in the certificate
mortgage, the officer must notify proceedings or in publishing or conducting
the bank the sale:
 Bank gets a chance to protect its
interests Provided as follows:-

Part 5: Co-Sharer Exception (a) no sale shall be set aside on any such
Subsection (5): If the certificate- ground unless the Certificate-officer is
holder is a co-sharer satisfied that the applicant has sustained
landlord collecting only his share of substantial injury by reason of the non-
rent: service or irregularity; and
→ The special agricultural property
rules (Subsection 3) do NOT apply (b) an application made by a certificate-
What does this mean? debtor under this section shall be disallowed
 If multiple people own agricultural unless the applicant either deposits the
land and share rent collection amount recoverable from him in execution of
 One co-owner gets a certificate for the certificate or satisfies the Certificate-
his share only officer that he is not liable to pay such
 The purchaser gets normal rights, amount.
not the special power to annul
encumbrances (2) Notwithstanding anything contained in
Example: sub-section (1), the Certificate-officer may
 Two brothers own a farm entertain an application made after the expiry
 Brother A's share of rent is unpaid of sixty days from the date of the sale if he is
 Property sold for Brother A's share satisfied that there are reasonable grounds for
 The purchaser cannot annul so doing.
encumbrances (Part 3 rules don't
apply) Analysis:
This section gives a chance to cancel (set
Section 23 Application to set aside sale of aside) a sale of immovable property if
immovable property on ground of non- summon was not served properly:
service of notice or irregularity ###Who can apply?
(1) Where immovable property has been sold Any of these persons can apply:
in execution of a certificate, the certificate-  Certificate-holder (the person who
holder, the certificate-debtor, or any person filed the case)
whose interests are affected by the sale, may,  Certificate-debtor (the person who
at any time within sixty days from the date of owes money)
the sale, apply to the Certificate-officer to set  Any person whose interest is affected
aside the sale on the ground that notice was (e.g., co-owner, tenant)

21
  The officer has discretion to accept
###Time limit late applications (after 60 days) if
 Normally: within 60 days from the there is a valid reason
date of sale
 Exception: Can apply even after 60 ###Simple Example
days if there is a good reason Rahim’s land is sold in auction.
(reasonable grounds)  He did NOT receive notice → valid
ground
###Grounds (Reasons) to set aside sale  But he must also show:
The sale can be challenged only on these o He suffered real loss (e.g.,
grounds: land sold at very low price)
1. Notice was not served (under o AND deposit the due money
Section 7) ## Only then the sale may be cancelled
2. Material irregularity, such as:
o Mistake in procedure
o Wrong way of publishing the Section 24 Application to set aside sale on
sale ground that certificate-debtor had no
o Improper conduct of auction saleable interest or that property did not
exist
###Important Conditions (Very The purchaser at any sale of immovable
Important) property in execution of a certificate may, at
= (a) Must prove real harm any time within sixty days from the date of
 The sale will NOT be cancelled just the sale, apply to the Certificate-officer to set
because of a mistake aside the sale on the ground that the
 The applicant must show certificate-debtor had no saleable interest in
“substantial injury” (real the property sold, or that the property did not
loss/damage) exist at the time of the sale.
## Example:
If notice was not served but still the property Analysis:
got a fair price → sale may NOT be cancelled This section protects the purchaser
(buyer in auction).
= (b) Extra condition for certificate-debtor ## If the buyer later discovers that:
If the debtor applies, he must:  The property should not have
 Either deposit the due amount, OR been sold, or
 Prove that he is not liable to pay  The property did not even
## Otherwise, his application will be rejected exist,
→He can apply to cancel the sale.
###Power of Certificate-Officer
###Who can apply?

22
## Only the purchaser (auction  The land actually belonged to
buyer) someone else
## Karim can apply:
###Time limit →“Cancel the sale—I bought
 Must apply within 60 days something the debtor didn’t own”
from the date of sale Section 29 Power to arrest and detention
(1) No order for the arrest and detention in
###Grounds (Reasons) civil prison of a certificate-debtor in
The purchaser can challenge the sale execution of a certificate shall be made
on two specific grounds: unless, after giving the certificate-debtor an
= 1. No saleable interest opportunity of showing cause why he should
 The certificate-debtor had no not be committed to civil prison, the
legal ownership or Certificate-officer, for reasons recorded in
transferable interest writing is satisfied,-
## Example:
Rahim’s land is sold, but actually: (a) that the certificate-debtor, with the object
 The land belonged to Karim or effect of obstructing or delaying the
 OR it was already sold before execution of the certificate,-
→So Rahim had nothing to sell (i) is likely to abscond or leave the
local limits of the jurisdiction of the
= 2. Property did not exist Certificate-officer, or
 The property was not in (ii) has, after the filing of the
existence at the time of sale certificate in the office of Certificate-
## Example: officer, dishonestly transferred,
 Land already acquired by concealed, or removed any part of his
government property, or
 Property destroyed or legally
ceased (b) that the certificate-debtor has or has had
→Sale becomes meaningless since the date of the filing of the certificate,
the means to pay the amount for which the
###Why this section exists? certificate has been issued, or some
## To protect innocent buyers from: substantial part of such amount and refuses or
 Fraud neglects or has refused or neglected to pay the
 Mistakes same.
 Invalid sales
Explanation.− In the calculation of the means
###Simple Example of the certificate-debtor for the purpose of his
Karim buys land in auction. clause there shall be left out of account any
Later he finds: property which, by or under any law or
custom having the force of law for the time

23
being in force is exempt from attachment in specified period if the certificate-debt be not
execution of the certificate. sooner satisfied.

(2) When a certificate-debtor appears before Analysis:

the Certificate-officer in obedience to a ## A certificate-debtor can be
notice to show cause, the Certificate-officer arrested and detained in civil
shall proceed to hear the certificate-holder prison to recover dues
and take all such evidence as may be BUT this is not automatic—strict
produced by him in support of his application legal conditions must be followed
for execution, and shall then give the
certificate-debtor an opportunity of showing ###Key Rule (Very Important)
cause whey he should not be committed to the No arrest without giving a chance
civil-prison. to explain (show cause)
 The debtor must be given
(3) Pending the conclusion of the inquiry notice and heard first
under sub-section (2) the Certificate-officer  The Certificate-officer must
may, in his discretion, order the certificate- record reasons in writing
debtor to be detained in the custody of such before ordering arrest
officer as the Certificate-officer may think fit ## This ensures natural
or release him on his furnishing security to justice
the satisfaction of the Certificate-officer for
his appearance when required. ###Grounds for Arrest (Main
Reasons)
(4) Upon the conclusion of the inquiry under The Certificate-officer must be
sub-section (3), the Certificate-officer may satisfied of any one of the following:
subject to the provision of section 31 make an
order for the detention of the certificate- * (A) Debtor is trying to escape or
debtor in the civil prison and shall in that cheat
event cause him to be arrested: To delay or obstruct execution:
1. Likely to abscond or leave
Provided that in order to give the certificate- jurisdiction
debtor an opportunity of satisfying the 2. Has dishonestly:
certificate-debt, the Certificate-officer may o Transferred property
before making the order of detention leave o Concealed (hidden)
the certificate-debtor in the custody of the property
officer arresting him or of any other officer o Removed property
for a specified period not exceeding fifteen ## Meaning: Debtor is acting in bad
days or release him on his furnishing security faith to avoid payment
to the satisfaction of the Certificate-officer
for his appearance at the expiration of the

24
* (B) Debtor has ability but refuses  Officer may allow up to 15
to pay days time
 Debtor has or had sufficient  Debtor may:
means to pay o Pay the dues, OR
 But refuses or neglects to pay o Arrange settlement
intentionally →If paid, no imprisonment
Important:
 Only actual usable assets are ###Key Safeguards (Important for
counted Exams ⭐)
 Exempt property (protected  No arrest without hearing
by law) is not considered  Must have valid legal
grounds
###Procedure (Step-by-Step)  Must record written reasons
# Step 1: Notice to show cause  Must give chance to pay
 Debtor is summoned before jail
 Asked: “Why should you not
be committed to civil ###Simple Example
prison?” Rahim owes money under a
certificate:
# Step 2: Hearing and Evidence  He secretly transfers
 Certificate-holder presents property to avoid payment
evidence of non-payment or  Also tries to leave the area
misconduct ## Officer issues notice → conducts
 Debtor gets full opportunity to hearing
defend himself If satisfied:
→Rahim may be arrested and
# Step 3: During Inquiry detained in civil prison
The officer has discretion to:
 Detain temporarily, OR
 Release on security/bond to Section 30. Release from arrest and re-
ensure future appearance arrest
(1) The Collector may order the release of a
# Step 4: Final Order certificate-debtor who has been arrested in
 After inquiry, officer may execution of a certificate, upon being
order: satisfied that he has disclosed the whole of his
## Detention in civil prison property and has placed it at the disposal of
 Debtor is then arrested the Certificate-officer and that he has not
committed any act of bad faith.
###Special Protection to Debtor ⭐
## Before final detention:

25
(2) If the Certificate-officer has ground for ➡️ Collector releases him
believing the disclosure made by a
certificate-debtor under sub-section (1) to Section (2): When can he be re-arrested?
have been untrue, he may order the re-arrest If later the Certificate-officer suspects
of the certificate-debtor in execution of the dishonesty:
certificate, but the period of his detention in ❗ Ground:
the civil prison shall not in the aggregate  Disclosure was false or incomplete
exceed that authorized by section 31, sub- →Then:
section (1).
➡️ Debtor can be re-arrested

Analysis:
🔸 Limitation (Very Important ⭐)
Core Topic: Release and Re-arrest of
→Total detention time cannot exceed the
Certificate-Debtor
This rule deals with: legal maximum under Section 31(1)
→When a debtor arrested for non- ➡️ Even after re-arrest, time limit applies
payment can be released cumulatively
→And when he can be arrested again
🔸 Example
Section (1): When can the debtor be  Debtor says he owns only 1 property
released? → gets released
The Collector can release the arrested debtor  Later found he hid another property
if ALL conditions are satisfied: ➡️ He can be re-arrested
→Conditions: BUT
1. Full disclosure of property ➡️ Total jail time cannot exceed legal limit
→ Debtor must honestly tell all his
assets (land, money, etc.)
2. Property placed at disposal Section 31. Detention in, and release from,
→ He must make those assets prison
available to the Certificate-officer (1) Every person detained in the civil prison
3. No bad faith in execution of a certificate may be so
→ He must act honestly (no hiding, detained,–
fraud, or deception) (a) where the certificate is for a
→If these are met → Release is allowed demand of an amount exceeding fifty
Taka – for a period of six months, and
🔸 Simple Example (b) in any other case – for a period of
A owes government dues → arrested six weeks:
He:
 Discloses all his property Provided that he shall be released from such
 Hands it over for recovery detention–
 Acts honestly

26
 (i) on the amount mentioned in the ➡️ Detention up to 6 months
warrant for his detention being paid to (b) In any other case
the officer-in-charge of the civil ➡️ Detention up to 6 weeks
prison, or →These are maximum limits, not automatic
(ii) on the certificate being otherwise periods.
fully satisfied, or cancelled, or
(iii) on the request of the person (if ##When must the debtor be released?
any) on whose requisition the
(Very Important ⭐)
certificate was filed, or of the
The debtor must be released in the following
Collector, or
situations:
(iv) on the omission by the person (if
(i) Payment made
any) on whose requisition the
 If the amount in the warrant is paid
certificate was filed to pay the
→Release immediately
subsistence allowance fixed by the
Certificate-officer:
(ii) Certificate satisfied or cancelled
 Debt is fully paid or legally cancelled
Provided, also, that he shall not be released
→Release (but requires Certificate-officer’s
from such detention under clause (ii) or
order)
clause (iii) without the order of the
Certificate-officer.
(iii) Request by authority
 Request by:
(2) A certificate-debtor released from
o The person who filed the
detention under this section shall not, merely
certificate, OR
by reason of his release, be discharged from
o The Collector
his debt; but he shall not be liable to be re-
→Release (also needs Certificate-officer’s
arrested under the certificate in execution of
order)
which he was detained in the civil prison.
(iv) Non-payment of subsistence allowance
Analysis:
 The person who filed the case fails to
##Core Idea
pay prison maintenance cost
This section explains:
→Debtor must be released
→How long a debtor can be kept in civil
prison
##Important Condition
→When he must be released
→For cases (ii) and (iii):
→Effect of release on the debt
➡️ Release cannot happen without
Certificate-officer’s order
##Section 31(1): Period of Detention
The maximum detention depends on the
amount of debt: ##Section 31(2): Effect of Release
This is very important for exams:
(a) If debt is more than 50 Taka
❗ Key Rule:

27
 →Release ≠ Debt cancelled (a) by the Collector, on the ground of
 The debtor still owes the the existence of any infectious or
money contagious disease, or
BUT (b) by the Certificate-officer, or the
→He cannot be re-arrested again Collector, on the ground of his
for the same certificate suffering from any serious illness.

##Example (4) A certificate-debtor released under this

 A owes government ৳1,000 → section may be re-arrested, but the period of
detained his detention in the civil prison shall not in
 After 2 months, he is released the aggregate exceed that authorized by
Now: section 31, sub-section (1).
 Debt is still unpaid ❗
 But A cannot be jailed again for this
same debt ❗
Analysis:
##Key Principles Core Idea
 Prevents indefinite imprisonment
This section protects a debtor’s health and
 Balances recovery of dues with
life.
→A certificate-debtor should not be
human rights
 Ensures detention is not arrested or kept in prison if seriously ill or
medically unfit.
punishment, only pressure for
payment
##Section 32(1): Before arrest
→If a warrant is issued but not yet
executed:
Section 32. Release on ground of illness
 The Certificate-officer can cancel
(1) At any time after a warrant for the arrest
of a certificate-debtor has been issued, the the warrant
 Ground: Debtor is seriously ill
Certificate-officer may cancel it on the
ground of his serious illness. Meaning:
(2) Where a certificate-debtor has been No arrest if health condition is critical
arrested, the Certificate-officer may release
him if, in the opinion of the Certificate- 🔸 Example
officer, he is not in a fit state of health to be A warrant is issued against B
detained in the civil prison. But B is suffering from severe illness
(3) Where a certificate-debtor has been ➡️ Officer can cancel the arrest warrant
committed to the civil prison, he may be
released therefrom– ##Section 32(2): After arrest (before
prison)
→If the debtor is already arrested:

28
  He can be released
 Condition: Not fit to be kept in civil Section 33. Prohibition of arrest or
prison detention of women and persons under
disability
🔸 Example Notwithstanding anything in this Act, the
B is arrested but becomes very weak or sick Certificate-officer shall not order the arrest or
➡️ He must be released due to health detention in the civil prison of–
condition
(a) a woman, or
##Section 32(3): After being sent to prison (b) any person who, in his opinion, is a minor
→If debtor is already in civil prison: or of unsound mind.
(a) By Collector
 If there is infectious/contagious
Section 43: Procedure on death of
certificate-debtor
disease 43. Where a certificate-debtor dies before the
→To protect others certificate has been fully satisfied, the
(b) By Collector or Certificate-officer Certificate-officer may, after serving upon
 If debtor has serious illness the legal representative of the deceased a
notice in the prescribed form, proceed to
execute the certificate against such legal
🔸 Example
representative; and the provisions of this Act
B in prison develops: shall apply as if such legal representative
 Tuberculosis / contagious disease → were the certificate-debtor and as if such
Collector releases notice were a notice under section 7:
 Severe illness → Officer or Collector
releases
Provided that where the certificate is
executed against such legal representative, he
##Section 32(4): Re-arrest (Important) shall be liable only to the extent of the
→A debtor released due to illness: property of the deceased which has come to
 Can be re-arrested later (when his hands and has not been duly disposed of;
healthy) and, for the purpose of ascertaining such
BUT liability, the Certificate-officer executing the
→Total detention time must not exceed the certificate may, of his own motion or on the
application of the certificate-holder, compel
limit in Section 31
such legal representative to produce such
accounts as the Certificate-officer thinks fit.
##Key Principle
 Law prioritizes human dignity and Analysis:
health This section explains what happens when a
 Prevents cruel or unsafe detention certificate-debtor dies before the certificate
 Still allows recovery by permitting debt is fully satisfied.
re-arrest later The death of the debtor does not end the
certificate proceeding. Recovery of public

29
demand can still continue through the legal  the property of the deceased that has
representative of the deceased. come into his hands, and
 which has not been duly disposed of
When Does This Section Apply? This means:
This section applies when:  if he receives property from the
 the certificate-debtor dies, and deceased, recovery can be made from
 the certificate has not been that property
fully satisfied  but he cannot be forced to pay from
 This means some amount of his own personal assets
the debt still remains unpaid at
the time of death. Power of Certificate Officer
To determine the extent of liability, the
Procedure after Death Certificate Officer may:
The Certificate Officer may continue 1. act on his own motion, or
execution against the legal representative of 2. act on the application of the
the deceased. certificate-holder
Before doing so, he must: He may compel the legal representative to
 serve a notice in the prescribed form produce:
upon the legal representative  accounts,
 The legal representative may be:  records, or
 an heir,  details of the deceased’s property
executor, This helps the officer determine:
administrator, or  what property came into the
any person representing the estate of representative’s hands, and
the deceased  whether it has been properly disposed
 Only after service of notice can of
execution proceed.
Simple Example
Legal Effect of the Notice A owes government dues and a certificate is
After notice is served, the law treats the issued against him.
situation as if: Before full payment, A dies.
1. the legal representative were the His son B inherits A’s land and bank
certificate-debtor, and deposits.
2. the notice served were a notice under The Certificate Officer may serve notice
section 7 upon B and continue execution.
This means the proceeding continues without However, B will be liable only to the extent
starting a completely new certificate case. of A’s property inherited by him, not from
The legal representative steps into the B’s personal property.
position of the deceased only for execution
purposes. Section 51: Appeal
(1) An appeal from any order made under
Important Limitation (Proviso) this Act shall lie–
The legal representative is not personally
liable for the entire debt. (a) if the order was made by an
His liability is limited only to: Assistant Collector or a Deputy
Collector, or by a Certificate-officer

30
 not being the Collector,− to the It ensures that a person aggrieved by an order
Collector, or under the Act gets an opportunity to
challenge that order before a higher authority.
(b) if the order was made by the
Collector,–to the 21[Commissioner]: Section 51(1): Where Does the Appeal Lie?
An appeal can be filed against an order made
under this Act, depending on which officer
Provided that no appeal shall lie from any passed the order.
order made under section 22.
(a) If the order was made by:
• Assistant Collector, or
(2) Every such appeal must be presented, in • Deputy Collector, or
case (a), within fifteen days, or, in case (b) • Any Certificate Officer other than the
within thirty days, from the date of the order. Collector
→ Appeal will lie to the Collector
This means the Collector acts as the first
(3) The Collector may, by order, with the appellate authority for orders passed by
previous sanction of the 22[Commissioner] subordinate officers.
authorize
(b) If the order was made by:
(a) any Sub-divisional Officer, or • The Collector
→ Appeal will lie to the Commissioner
(ii) any officer appointed under clause (3) of This means the Commissioner is the higher
section 3 to perform the functions of a appellate authority against the Collector’s
Certificate-officer, to exercise the appellate order.
powers of the Collector under sub-section (1)
Important Exception (Proviso)
No appeal shall lie from any order made
(4) When any officer has been so authorized, under Section 22.
the Collector may transfer to him for hearing This means:
any appeal referred to in clause (a) of sub- if an order is passed under Section 22,
section (1), unless the order appealed against it is final for appeal purposes and cannot be
was made by such officer. challenged through appeal under this section.

(5) Pending the decision of any appeal, Section 51(2): Time Limit for Filing
execution may be stayed if the appellate Appeal
authority so directs, but not otherwise. Every appeal must be filed within:
Case (a)
Analysis: 15 days
This section explains: → when appeal lies to the Collector
→ From which orders an appeal can be made Case (b)
→ To whom the appeal will lie 30 days
→ Time limit for filing appeal → when appeal lies to the Commissioner
The time is counted from the date of the
→ Delegation of appellate power
order.
→ Stay of execution during appeal

31
If filed after the limitation period, the appeal Since the order was made by a Certificate
may be rejected unless delay is condoned Officer (not Collector):
according to law. → B must appeal to the Collector within 15
days.
Section 51(3): Delegation of Appellate If B wants execution to stop during appeal:
Power → he must obtain a stay order from the
The Collector may, with previous sanction of appellate authority.
the Commissioner, authorize: Without stay, execution continues.
1. any Sub-divisional Officer, or
2. any officer appointed under Section Object of the Section
3(3) to perform the functions of a The purpose of this section is:
Certificate Officer  to provide a remedy against wrongful
→ to exercise the appellate powers of the or improper orders
Collector  to maintain administrative fairness
This helps reduce administrative burden and  to ensure speedy recovery without
speeds up disposal of appeals. unnecessary delay
 and to prevent abuse of appellate
Section 51(4): Transfer of Appeal process
After such authorization, the Collector may
transfer an appeal falling under clause (a) to
that authorized officer for hearing.
However:
❗ He cannot transfer an appeal if the order
being challenged was made by that same
officer.
This ensures fairness and avoids bias.
No person should hear an appeal against his
own order.

Section 51(5): Stay of Execution Pending

Appeal
Filing an appeal does not automatically stop
execution.
Execution may be stayed only if:
the appellate authority specifically
directs so
Otherwise:
recovery proceedings will continue
even during appeal.
This prevents misuse of appeal merely for
delaying payment.

Simple Example
A Certificate Officer orders attachment of
B’s property.
B is dissatisfied and wants to challenge it.

32
 Sample Questions

1. Introduction & Objectives

1. Discuss the nature, scope and objectives of the Public Demands Recovery Act, 1913.
2. Why is the Public Demands Recovery Act, 1913 considered a self-contained Act? Explain with reasons.
3. Explain the importance of the PDR Act, 1913 in ensuring speedy recovery of public demands.

2. Definitions (Section 3)
4. Explain the important definitions under Section 3 of the PDR Act, especially:
o Certificate-debtor
o Certificate-holder
o Certificate-officer
o Public demand
5. What is public demand under the PDR Act? Discuss different types of public demands with examples.

3. Filing of Certificate
6. Discuss the procedure for filing a certificate under Section 4.
7. Explain the process of filing a certificate on requisition under Section 6.
8. Distinguish between Section 4 and Section 6 under the PDR Act.

4. Notice & Effect

9. Explain the procedure of service of notice under Section 7 and its legal significance.
10. Discuss the effect of service of notice under Section 8.
11. What are the consequences of transfer of immovable property after service of notice?

5. Denial of Liability
12. Discuss the procedure of filing petition denying liability under Section 9.
13. Explain how a Certificate-officer determines a petition under Section 10.

6. Execution of Certificate
14. Explain the execution process of a certificate under the PDR Act.
15. When may a certificate be executed under Section 13?
16. Discuss different modes of execution under Section 14.

7. Sale & Auction

17. Discuss the law relating to sale of property in execution of certificate.
18. Explain the rights of a purchaser under Section 20 (Purchaser’s Title).
19. Discuss the grounds for setting aside sale under Section 23.
20. Explain the purchaser’s right to challenge sale under Section 24.

8. Arrest and Detention

21. Discuss the law relating to arrest and detention of certificate-debtor under Section 29.
22. Explain the provisions relating to release and re-arrest under Section 30.
23. Discuss detention and release from prison under Section 31.
24. Explain release on ground of illness under Section 32.
25. Why are women and persons under disability protected from arrest under Section 33?

9. Death of Certificate Debtor

26. Discuss the procedure when a certificate-debtor dies before satisfaction of certificate under Section 43.

10. Appeal
27. Explain the appellate procedure under Section 51.
28. Does filing an appeal automatically stay execution? Discuss.

33