Purpose and Scope of the Act
The purpose of the act is to provide a speedy and efficient mechanism for the recovery of public demands from defaulters. The act empowers the certificate officers, who are usually collectors, sub-divisional officers, or other officers appointed by the collectors, to issue certificates stating that the public demands are due and to take various measures to enforce the certificates. The act also provides for the filing, service, and effect of certificates, and the hearing of objections thereto. The act also prescribes the procedure for appeals, revisions, reviews, and references against the orders of the certificate officers.
The act applies to the whole of Bihar and Orissa, except the districts of Angul and Sambalpur. The act also extends to any other area that may be notified by the state government. The act does not affect any other law or custom for the time being in force for the recovery of public demands, unless expressly repealed or modified by the act.
Salient Features of the Act
Some of the salient features of the act are as follows:
The act defines public demands as any arrears or money mentioned or referred to in Schedule I, which includes various taxes, fees, rents, dues, penalties, fines, and other charges payable to the government or any person authorized by the government.
The act empowers the certificate officers to issue certificates stating that the public demands are due and to take various measures to enforce the certificates. The certificate officers can also amend, cancel, or withdraw the certificates under certain circumstances.
The act provides for the filing, service, and effect of certificates, and the hearing of objections thereto. The certificate debtors can file objections against the certificates within 30 days from the date of service. The certificate officers can hear and decide the objections after giving notice to both parties. The certificate officers can also set aside or modify their orders on their own motion or on application within one year from the date of order.
The act prescribes the procedure for appeals, revisions, reviews, and references against the orders of the certificate officers. The certificate debtors or holders can appeal against the orders of the certificate officers to the district judge within 30 days from the date of order. The district judge can hear and decide the appeals after giving notice to both parties. The district judge can also revise or review his own orders on his own motion or on application within one year from the date of order. The district judge can also refer any question of law arising from his orders to the high court for its opinion.
The act provides for various modes of recovery of public demands from certificate debtors. These include attachment and sale of movable or immovable property, arrest and detention in prison, appointment of receivers, annulment or modification of transfers or charges on property, and any other mode prescribed by rules.
The act also provides for certain exemptions and protections for certificate debtors. These include exemption from arrest or detention on certain grounds, such as being a woman, a minor, a lunatic, a judicial officer, a member of parliament or legislature, etc. The act also protects certain properties from attachment and sale, such as wearing apparel, cooking vessels, tools of artisans, books of account, etc.
The act also provides for certain penalties and punishments for offences committed under the act. These include imprisonment for up to six months or fine up to Rs. 1000 or both for obstructing or resisting any process issued under the act; imprisonment for up to three months or fine up to Rs. 500 or both for making false statements or producing false documents; imprisonment for up to one month or fine up to Rs. 200 or both for removing or injuring any property attached under the act; etc.
How to Download PDF Version of the Act?
If you want to download a PDF version of the Bihar And Orissa Public Demand Recovery Act 1914, you can follow these simple steps:
Go to [1], which is a website that provides free access to various bare acts and laws in India.
Search for "Bihar And Orissa Public Demand Recovery Act 1914" in the search box or browse through the list of acts.
Click on the link that says "Bihar And Orissa Public Demand Recovery Act, 1914 [Bihar and Orissa Act No. 4 of 1914]".
On the webpage that opens, you will see the full text of the act along with its schedules and rules.
Scroll down to the bottom of the webpage and click on the button that says "Download PDF".
A new tab will open with the PDF version of the act. You can save it to your computer or print it as per your convenience.
Conclusion
The Bihar And Orissa Public Demand Recovery Act 1914 is a law that regulates the recovery of public demands in the states of Bihar and Orissa. The act provides a speedy and efficient mechanism for the recovery of public demands from defaulters. The act also provides for the filing, service, and effect of certificates, and the hearing of objections thereto. The act also prescribes the procedure for appeals, revisions, reviews, and references against the orders of the certificate officers. The act also provides for various modes of recovery of public demands from certificate debtors. The act also provides for certain exemptions and protections for certificate debtors. The act also provides for certain penalties and punishments for offences committed under the act. You can download a PDF version of the act from [1] by following the steps mentioned above.
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