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Bihar And Orissa Public Demand Recovery Act 1914 Pdf 75


  • Bihar and Orissa Public Demands Recovery Act, 19141. Short title, commencement and extent.

  • 2. Repeal.

  • 3. Definitions.

  • 4. Filing of certificate for public demand payable to Collector.

  • 5. Requisition for certificate in other cases.

  • 6. Filing of certificate on requisition.

  • 7. Service of notice and copy of certificate on certificate debator.

  • 8. Effect of service of notice of certificate.

  • 9. Filing of petition denying liability.

  • 10. Hearing and determining of such petition.

  • 11. Power to amend certificate by addition, omission or substitution of parties.

  • 12. Who may execute certificate.

  • 13. Transmission of certificate to another Certificate Officer for execution.

  • 14. When certificate may be executed.

  • 15. Modes of execution.

  • 16. Certain sales by whom to be held.

  • 17. Interest, cost and charges recoverable.

  • 18. Property liable to attachment and sale in execution of a certificate.

  • 19. Partial exemption of agricultural produce.

  • 20. Payment of moneys, contrary to attachment, to be void.

  • 21. Investigation by Certificate Officer.

  • 22. Evidence to be adduced.

  • 23. Release of property from attachment or sale.

  • 24. Disallowance of claim to property attached.

  • 25. Saving of suits to establish right to attached property.

  • 26. Purchaser's title.

  • 27. Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff.

  • 28. Application to set aside sale of immovable property on deposit.

  • 29. Application to set aside sale of immovable property on ground of nonservice of notice or irregularity.

  • 30. Application to set aside sale on ground that certificatedebtor had no saleable interest or that property did not exist.

  • 31. Sale when to become absolute or be set aside.

  • 32. Disposal of proceeds of execution.

  • 33. Application by purchaser resisted or obstructed in obtaining possession of immovable property.

  • 34. Procedure on such application.

  • 35. Dispossession by purchaser.

  • 36. Bona fide claimant to be restored to possession.

  • 37. Orders conclusive subject to suit in a Civil Court.

  • 38. Power of arrest and detention.

  • 39. Release from arrest and rearrest.

  • 40. Detention in, and release from prison.

  • 41. Release on ground of illness.

  • 42. Prohibition of arrest or detention of women and persons under disability.

  • 43. Suit in Civil Court to have certificate cancelled or modified.

  • 44. Grounds for cancellation or modification of certificate by Civil Court.

  • 45. Suit to recover possession of, or to set aside sale of immovable property, where notice of certificate not served.

  • 46. General bar to jurisdiction of Civil Courts, save where fraud alleged.

  • 47. Effect of Rules in Schedule II.

  • 48. Power of Board of Revenue to make Rules as to procedure.

  • 49. Publication and effect of Rules made under Section 48.

  • 50. Persons under disability.

  • 51. Continuance of certificate.

  • 52. Procedure on death of certificatedebtor.

  • 53. Cancellation of certificate.

  • 54. Cost.

  • 55. Compensation.

  • 55A. Restitution consequent on reversal or modification of order.

  • 56. Entry into dwellinghouse.

  • 57. Application of Act XVIII of 1850.

  • 58. Officer to have powers of Civil Court for certain purposes.

  • 59. Control over officers.

  • 60. Appeal.

  • 61. Bar to second appeals.

  • 62. Revision.

  • 63. Review.

  • 64. Saving of other Acts.

  • 65. Application of the Limitation Act, 1963.

  • 66. Certificate Officer deemed to be a Court.

  • 67. Penalties.

  • 68. Signature of documents by ministerial officers.

  • 69. Amendments of the Bengal Tenancy Act, 1885 (8 of 1885); the Orissa Tenancy Act, 1913 (B. & O. Act 2 of 1913); and the Chota Nagpur Tenancy Act, 1908 (Bengal Act 6 of 1908).

Bihar and Orissa Public Demands Recovery Act, 1914




Bihar And Orissa Public Demand Recovery Act 1914 Pdf 75



Provided further that all other taxes or fees in force under any existing law or custom having the force of law in the Mayurbhanj State shall cease to have effect from the 1st day of May, 1949.]6. For Section 13-A the following section shall be substituted, namely :[13-A. Notwithstanding anything contained in this Act, a tax paid in respect of any motor vehicle in the Province of Orissa or in the Orissa States as defined in Sub-clause (a) of Clause 2 of the Administration of Orissa States Order, 1948 under the Law relating to taxation of motor vehicles for the time being in force in States, shall be valid throughout the Mayurbhanj State and shall be deemed, so far as may to have been paid under this Act."][The Bihar and Orissa Municipal Act, 1922 (Bihar and Orissa Act VII of 1922).]1. For Sub-section (2) of Section 1, the following Sub-section shall be substituted, namely :"(2) It extends to the whole of the Mayurbhanj State".2. Sub-section (4) of Section 1 shall be omitted.3. For the words "the Province of Bihar and Orissa" wherever they occur, the words "the Mayurbhanj State" shall be substituted.ORISSAOrissa Medical Regulation, 1936 (Orissa Regulation II of 1936).The Orissa General Clauses Act, 1937 (Orissa Act of 1937).The Orissa Nurses and Midwives Registration Act, 1938 (Orissa Act X of 1938).The Orissa Food Adulteration Act, 1938 (Orissa Act X of 1938).The Orissa Hindu Religious Endowments Act, 1939 (Orissa Act IV of 1939).Omit Clause (b) of Section 2.Cinematograph Rules, 1939.The Utkal Universities Act, 1943 (Orissa Act XIII of 1943).The Hindu Women's Right to Property (Extension to Agricultural Land in Orissa) Act (Act V of 1944).The Orissa Entertainment Tax Act, 1946 (Orissa Act VI of 1946).(a) for the words "Province of Orissa" wherever they occur, the words Mayurbhanj State" shall be substituted.(b) Sections 2 and 3 shall be omitted.The Orissa Motor Spirit Taxation Sales Act, 1946 (Orissa Act IX of 1946).For the words 'Province of Orissa' or 'Orissa' or 'Province' wherever they occur, the words "Mayurbhanj States" shall be substituted.The Orissa Essential Articles Control Requisitioning Temporary Powders) Act, 1947 (Orissa)(a) Omit Sub-sections (1) and (3) of Section 1(b) For Section 18, the following shall be substituted, namely:18. Saving-Any order made or deemed to be made under any law in force in the Mayurbhanj State on the 31st December, 1948 and relating to matters covered by the Act shall continue in force so far as consistent with this Act until repealed, modified or altered by a competent authority under this Act. All appointments made, licences or permits granted and directions issued under any such order and in force on the 31st December, 1948, shall likewise continue in force and deemed to be granted of issued in pursuance or this Act until modified, cancelled or altered by a competent authority under this Act".The Orissa Agricultural Income-tax Act, 1947 (Orissa Act XXIV of 1947).(a) For the words "The Province of Orissa and "the Province" wherever they occur the words 'Mayurbhanj State' shall be substituted.(b) Sub-section (p) of Section 2 shall be Omitted.(c) After the words and figures "The Angul, Laws Regulation, 1936" occurring in Clause (d) of Section 6 and in Clause (c)of Sub-section (2) of Section 7, the words "or under any State Law or custom having the force of law for the time being in force" shall be inserted.(d) After the words "any Orissa Act" occurring in Clause (e) of Sub-section (2) of Section 7, the following words shall be inserted :"or State Law for the time being in force".(a) For Clause (b) of Sub-section (1) of Section 15, the following shall be inserted, namely"(b) Nothing in this Sub-section shall be deemed to entitle an assessee who is assessed to income-tax under any Income-tax Law for the time being in force in the Mayurbhanj State to claim a deduction in respect of any sum paid by him as mentioned in Clause (a) if such sum was exempted under any of the provisions of the said Law"The Orissa Sales Tax Act, 1947 (Orissa Act XIV 1947).For the words "Province of Orissa" or "Orissa" wherever they occur, the words "Mayurbhanj State" shall be substituted.The Orissa Maintenance of Public Order Act, 1948 (Orissa Act IV of 1948).(a) Omit Sub-sections (2) and (3) of Section 1.(b) For the words "Province of Orissa" the words "Mayurbhanj State" shall be substituted.[The Orissa Maintenance of Public Order (Amendment) Act, 1949 (Orissa Act VI of 1949).]The Orissa Temple Entry Authorisation Act, 1948 (Orissa Act XI of 1948).For Sub-section (3), the following Sub-section shall be substituted"(3) Section 1 shall come into force at once and the remaining sections shall come into force in such areas and on such date or dates as the Provincial Government any by notification appoint".[The Utkal University (Amendment) Act, 1949 (Orissa Act III of 1949).][The Orissa Local Authorities Census Expenses Contribution Act, 1949 (Orissa Act IV of 1949.][The Land Acquisition (Orissa Amendment) Act, 1948 (Orissa Act XIX of 1948).][The Orissa Development of Industries, Irrigation Agriculture, Capital Construction and Resettlement of Displaced Persons (Land Acquisition Act, 1948 (Orissa Act XVIII of 1948).][The Orissa Removal of Civil Disabilities Act, 1946 (Orissa Act XI of 1946).][Orissa Mohammedan Marriages and Divorce Registration Act, 1949 (Orissa Act VII of 1949).][(i) The Orissa Local Fund Audit Act, 1948 (Orissa Act V of 1948).][(ii) The Orissa Gram Panchayat Act, 1948 (Orissa Act XV of 1948).](a) For the words "Province of Orissa"wherever they occur, the words "Mayurbhanj State" shall be substituted :(b) In Sub-section (2) of Section 2, after the words "Union Board" wherever they occur, the words "or any other local authority" shall be substituted.(c) In Clause (c) of Sub-section (1) of Section 40, after the words ,or Panchayat" the words "of any other local authority" shall be substituted.(d) For Section 115, the following section shall be substituted, namely :"115. The Provincial Government may make bye-laws for a Panchayat within the Muyurbhanj State consistent with the Act and the Rules made thereunder for the purpose of promoting or maintaining the health, safety and convenience of persons residing within the local area of a Gram Panchayat and not for furtherance of administration of Gram Panchayat under this Act.(e) In Section 116, for the words "District Board" and "the Chairman, District Board" wherever they occur, the words "Provincial Government" shall be substituted.[The Orissa Preservation of Private Forests Act VIII of 1947).]For the existing Section 3, the Act, 1947 (Orissa following section shall be substituted, namely :"3. It shall come into force in such areas and from such date as the Provincial Government may by notification from time to time so direct"[The Orissa Compulsory Labour Act 1948 (Orissa Act X of 1948).]For Sub-section (3) of Section 1, the following Sub-section shall be substituted, namely :"It shall come into force on such date as the Provincial Government by notification direct".[The Bihar and Orissa Excise (Orissa Amendment) Act, 1 947 (Orissa Act XXL of 1947).][The Orissa Court of Wards Act, 1947 (Orissa Act XXVI of 1947).][The Bengal Embankment (Orissa Amendment) Act, 1947 (Orissa Act X of 1947).][The Orissa Land Encroachment Act, 1947 (Orissa Act XXXIII of 1947).]Section 2-For Clause (a), the following clause shall be substituted, namely :"Land acquired under the provisions of the Land Acquisition Act, 1894 or acquired otherwise for the purposes of Government or any local authority or a Railway Company while such land remains the property of Government, local authority Railway Company, as the case may be".Clause (c) shall be read as follows:"Land belonging to or recorded as belonging to Government or any local authority which is used for any public purpose, as a road, canal, irrigation tank,'drinking water, reservoir or embankment, or which is required for repair, maintenance of such road, canal, irrigation tank, drinking water, reservoir or embankment while such land continues to be so used or required".Clause (d) shall be amended as follows :"Communal lands used or recorded as Gochar, Rakhit, Smasan, Sarbasadharan and forest in the record-of-rights prepared under any law for the time being in force in the State".Section 3-In the proviso to Section 3, the words "Orissa Tenancy Act, 1913" shall be substituted by the words Tenancy Law in the State".Section 9-The words "or under any law or procedure in force in the state for recovery of public demands" shall be added after the words "The Bihar and Orissa Public Demands Recovery Act, 1914".Section 10-The words "or Administrator, Mayurbhanj State" shall be added after the words "Revenue commissioner" in the section. 350c69d7ab


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