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THE PUBLIC DEMANDS RECOVERY ACT, 1913
(BENGAL ACT NO. III OF 1913). |
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An Act to consolidate and amend the law relating to the recovery of public demands in Bangladesh.
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WHEREAS it is expedient to consolidate and amend the law relating to the recovery of public demands in Bangladesh;
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It is hereby enacted as follows:- |
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| CONTENTS |
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| SECTIONS |
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PART I
PRELIMINARY |
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1. Short title, commencement and extent
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2. [Repealed]
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3. Definitions
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PART II
FILING, SERVICE AND EFFECT OF CERTIFICATES, AND HEARING OF OBJECTIONS THERETO |
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4. Filing of certificate for public demand payable to Collector
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5. Requisition for certificate in other cases
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6. Filing of certificate on requisition
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7. Service of notice and copy of certificate on certificate-debtor
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8. Effect of service of notice of certificate
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9. Filing of petition denying liability
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10. Hearing and determining of such petition
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10A. Special provisions relating to certificate for the recovery of certain dues.
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PART III
EXECUTION OF CERTIFICATE |
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11. Who may execute certificate
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12. Transmission of certificate to another Certificate-officer for execution
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13. When certificate may be executed
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14. Modes of execution
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15. [Omitted]
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16. Interest, costs and charges recoverable
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| Attachment. |
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17. Attachment of property
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18. Payment of moneys, contrary to attachment, to be void
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19. Attachment of decree
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| Sale |
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20. Purchaser’s title
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21. Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff
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| Setting aside sale. |
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22. Application to set aside sale of immovable property on deposit
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23. Application to set aside sale of immovable property on ground of non-service of notice or irregularity
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24. Application to set aside sale on ground that certificate-debtor had no saleable interest or that property did not exist
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25. Sale when to become absolute or be set aside
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| Disposal of proceeds of execution. |
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26. Disposal of proceeds of execution
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| Resistance to purchaser after sale. |
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27. Application by purchaser resisted or obstructed in obtaining possession of immovable property
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28. Procedure on such application
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| Arrest, Detention and Release. |
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29. Power to arrest and detention
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30. Release from arrest and re-arrest
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31. Detention in, and release from, prison
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32. Release on ground of illness
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33. Prohibition of arrest or detention of women and persons under disability
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PART IV
REFERENCE TO CIVIL COURT |
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34. Suit in Civil Court to have certificate cancelled or modified
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35. Grounds for cancellation or modification of certificate by Civil Court
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36. Suit to recover possession of, or to set aside sale of, immovable property, where notice of certificate not served
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37. General bar to jurisdiction of Civil Courts, save where fraud alleged
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PART V
RULES |
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38. Effect of rules in Schedule II
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39. Power of Board of Revenue to make rules as to procedure
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40. Publication and effect of rules made under section 39
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PART VI
SUPPLEMENTAL PROVISIONS |
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41. Persons under disability
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42. Continuance of certificates
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43. Procedure on death of certificate-debtor
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44. Cancellation of certificates
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45. Costs
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46. Compensation
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47. Entry into dwelling-house
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48. Application of Act XVIII of 1850
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49. Officer to have powers of Civil Court for certain purposes
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50. Control over officers
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51. Appeal
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52. Bar to second appeals
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53. Revision
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54. Review
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54A. Government may empower certain officers
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55. Saving of other Acts
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56. Application of the Limitation Act, 1908
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57. Certificate-officer deemed to be a Court
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58. Penalties
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59. Signature of documents by ministerial officers
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60. [Repealed]
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61. [Repealed]
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62. [Repealed]
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63. [Repealed]
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64. [Repealed]
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| SCHEDULE
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Copyright © 2010,
Legislative and Parliamentary Affairs Division
Ministry of Law, Justice and
Parliamentary Affairs |
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