1. SOUTHEAST UNIVERSITY
Dept. of LawJustice
LLB(Hons)-Program.
Course Title: Registration and Public Demands Recovery
Course Code: LLBH 2222
Submitted To:
UmmayMunmun
(Lecturer)
Dept. of Law Justice
LLB(Hons)-Program.
Southeast University
Submitted By:
BilkishParvin
17th
Batch,Section:B
ID No:2009020300048
Date of Submission: 29-04-2013
3. Public Demands Recovery Act, 1913 (Bangladesh):
Attachment of property:
17. Property liable to attachment and sale in execution of a decree of a Civil
Court under section 60 of the Code of Civil Procedure, 1908 may be attached
and sold in execution of a certificate under this Act.
Payment of moneys, contrary to attachment, to be void:
18. Where an attachment has been made in execution of a certificate, any
payment to the certificate-debtor of any debt, dividend or other moneys,
contrary to such attachment, shall be void as against all claims enforceable
under the attachment.
Attachment of decree:
19. (1) The attachment of a Civil Court decree for the payment of money or for
sale in enforcement of a mortgage or charge shall be made by the issue to the
Civil Court of a notice requesting the Civil Court to stay the execution of the
decree unless and until-
(i) the Certificate-officer cancels the notice, or
(ii) the certificate-holder or the certificate-debtor applies to the Court receiving
such notice to execute the decree.
(2) Where a Civil Court receives an application under clause (ii) of sub-section
(1), it shall, on the application of the certificate-holder or the certificate-debtor,
and subject to the provisions of the Code of Civil Procedure, 1908, proceed to
execute the attached decree and apply the net proceeds in satisfaction of the
certificate.
(3) The certificate-holder shall be deemed to be representative of the holder
attached to the decree, and to be entitled to execute such attached decree in any
manner lawful for the holder thereof.
4. Appeal:
51. (1) An appeal from any order made under this Act shall lie–
(a) if the order was made by an Assistant Collector or a Deputy Collector, or by
a Certificate-officer not being the Collector,− to the Collector, or
(b) if the order was made by the Collector,–to the Commissioner:
Provided that no appeal shall lie from any order made under section 22.
(2) Every such appeal must be presented, in case (a), within fifteen days, or, in
case (b) within thirty days, from the date of the order.
(3) The Collector may, by order, with the previous sanction of the
Commissioner authorize
(a) any Sub-divisional Officer, or
(ii) any officer appointed under clause (3) of section 3 to perform the functions
of a Certificate-officer, to exercise the appellate powers of the Collector under
sub-section (1)
(4) When any officer has been so authorized, the Collector may transfer to him
for hearing any appeal referred to in clause (a) of sub-section (1), unless the
order appealed against was made by such officer.
(5) Pending the decision of any appeal, execution may be stayed if the appellate
authority so directs, but not otherwise.
Bar to second appeals:
52. No appeal shall lie from any order of a Collector, or an officer authorized
under section 51, sub-section (3), when passed on appeal.
Revision:
53. (1) The Collector may revise any order passed by a Certificate-officer,
Assistant Collector or Deputy Collector under this Act.
(2) The Commissioner may revise any order passed by a Collector under this
Act.
5. (3) The Board of Land Administration may revise any order passed by a
Commissioner under this Act and the order of the Board shall be final.
Review:
54. Any order passed under this Act may, after notice to all persons interested,
be reviewed by the officer who made the order, or by his successor in office, on
account of mistake or error either in the making of the certificate or in the
course of any proceeding under this Act.