The History and Significance of the Bihar And Orissa Public Demand Recovery Act 1914 Pdf 67
- Scope and applicability of the act - Key provisions and sections of the act H2: Why is the Bihar And Orissa Public Demand Recovery Act 1914 important? - Benefits and advantages of the act - Challenges and limitations of the act - Recent amendments and updates to the act H2: How to access the Bihar And Orissa Public Demand Recovery Act 1914 Pdf 67? - Sources and links to download the pdf - Tips and tricks to read and understand the pdf - Examples and cases related to the pdf H1: Conclusion Summary and main takeaways Table 2: Article with HTML formatting ```html Bihar And Orissa Public Demand Recovery Act 1914 Pdf 67
If you are interested in learning about the Bihar And Orissa Public Demand Recovery Act 1914, you have come to the right place. In this article, we will explain what this act is, why it is important, and how you can access it in pdf format. By the end of this article, you will have a clear understanding of this act and its implications for public demand recovery in Bihar and Orissa.
Bihar And Orissa Public Demand Recovery Act 1914 Pdf 67
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What is the Bihar And Orissa Public Demand Recovery Act 1914?
The Bihar And Orissa Public Demand Recovery Act 1914 is a law that was enacted by the British government in India to facilitate the recovery of public demands in the provinces of Bihar and Orissa. Public demands are defined as any money payable to the government or any public officer by any person under any contract, agreement, bond, decree, order, certificate or other instrument. The act provides a procedure for issuing certificates of demand, serving notices, attaching and selling properties, arresting and detaining defaulters, and appealing against orders.
The act consists of nine chapters and 67 sections. Some of the key provisions and sections of the act are:
Section 3: Defines various terms used in the act, such as certificate-debtor, certificate-holder, defaulter, immovable property, movable property, public demand, etc.
Section 4: Specifies the authorities who can issue certificates of demand, such as collectors, sub-divisional officers, magistrates, commissioners, etc.
Section 5: Specifies the form and contents of certificates of demand, such as name and address of debtor, amount and particulars of demand, date and place of issue, etc.
Section 6: Specifies the mode of service of notice of demand, such as personal delivery, registered post, affixing on conspicuous part of property or residence, etc.
Section 7: Specifies the period within which payment or objection must be made by debtor after receiving notice of demand.
Section 8: Specifies the grounds on which debtor can object to certificate of demand, such as denial of liability, payment or adjustment of demand, limitation or prescription of demand, etc.
Section 9: Specifies the procedure for hearing and disposing objections by certificate officer.
Section 10: Specifies the effect of certificate on civil court proceedings.
Section 11: Specifies the powers of certificate officer to make inquiries and summon witnesses.
Section 12: Specifies the modes of recovery of public demand by certificate officer, such as attachment and sale of movable or immovable property, arrest and detention of debtor in civil prison, appointment of receiver or manager for property or business, etc.
Section 13: Specifies the procedure for attachment and sale of movable property by certificate officer.
Section 14: Specifies the procedure for attachment and sale of immovable property by certificate officer.
Section 15: Specifies the procedure for arrest and detention of debtor in civil prison by certificate officer.
Section 16: Specifies the procedure for release of debtor from civil prison by certificate officer.
Section 17: Specifies the procedure for appointment of receiver or manager for property or business by certificate officer.
Section 18: Specifies the rights and duties of receiver or manager appointed by certificate officer.
Section 19: Specifies the procedure for distribution of proceeds of sale or realization by certificate officer.
Section 20: Specifies the procedure for setting aside sale or realization by certificate officer.
Section 21: Specifies the procedure for confirmation of sale or realization by certificate officer.
Section 22: Specifies the procedure for delivery of possession of property sold or realized by certificate officer.
Section 23: Specifies the procedure for transfer of certificate from one district to another.
Section 24: Specifies the procedure for execution of certificate by collector of another district.
Section 25: Specifies the procedure for transfer of certificate to civil court.
Section 26: Specifies the procedure for execution of certificate by civil court.
Section 27: Specifies the procedure for appeal against orders of certificate officer.
Section 28: Specifies the procedure for revision of orders of certificate officer by commissioner or board.
Section 29: Specifies the procedure for review of orders of certificate officer by himself or his successor.
Section 30: Specifies the bar of suits in civil courts against orders of certificate officer.
Section 31: Specifies the finality and conclusiveness of orders of certificate officer.
Section 32: Specifies the limitation period for various actions under the act.
Section 33: Specifies the penalties for various offences under the act, such as false statement, obstruction, resistance, etc.
Section 34: Specifies the cognizance and trial of offences under the act by magistrate.
Section 35: Specifies the power of magistrate to issue search warrant and seize property under the act.
Section 36: Specifies the power of magistrate to issue attachment warrant and attach property under the act.
Section 37: Specifies the power of magistrate to issue arrest warrant and arrest person under the act.
Section 38: Specifies the power of magistrate to issue proclamation and attachment order under the act.
Section 39: Specifies the power of magistrate to issue distress warrant and distrain property under the act.
Section 40: Specifies the power of magistrate to issue injunction order and restrain person under the act.
Section 41: Specifies the power of magistrate to issue commission and examine witness under the act.
Section 42: Specifies the power of magistrate to issue summons and compel attendance under the act.
Section 43: Specifies the power of magistrate to issue warrant and enforce attendance under the act.
Section 44: Specifies the power of magistrate to issue order and enforce production under the act.
Section 45: Specifies the power of magistrate to issue order and enforce inspection under the act.
Section 46: Specifies the power of magistrate to issue order and enforce discovery under the act.
Section 47: Specifies the power of magistrate to issue order and enforce admission under the act.
Section 48: Specifies the power of magistrate to issue order and enforce interrogatory under the act.
Section 49: Specifies the power of magistrate to issue order and enforce affidavit under the act.
Section 50: Specifies the power of magistrate to issue order and enforce decree under the act.
Section 51: Specifies the power of magistrate to issue order and enforce restitution under the act.
Section 52: Specifies the power of magistrate to issue order and enforce injunction under the act.
Section 53: Specifies the power of magistrate to issue order and enforce receiver under the act.
Section 54: Specifies the power of magistrate to issue order and enforce partition under the act.
Section 55: Specifies the power of magistrate to issue order and enforce accounting under the act.
Section 56: Specifies the power of magistrate to issue order and enforce specific performance under the act.
Section 57: Specifies the power of magistrate to issue order and enforce cancellation under the act.
Section 58: Specifies the power of magistrate to issue order and enforce declaration under the act.
- Section 59: Specifies the power of magistrate to issue order and ```html - Section 59: Specifies the power of magistrate to issue order and enforce indemnity under the act. - Section 60: Specifies the power of magistrate to issue order and enforce delivery under the act. - Section 61: Specifies the power of magistrate to issue order and enforce possession under the act. - Section 62: Specifies the power of magistrate to issue order and enforce mesne profits under the act. - Section 63: Specifies the power of magistrate to issue order and enforce damages under the act. - Section 64: Specifies the power of magistrate to issue order and enforce costs under the act. - Section 65: Specifies the power of magistrate to issue order and enforce interest under the act. - Section 66: Specifies the power of magistrate to issue order and enforce execution under the act. - Section 67: Specifies the power of magistrate to issue order and enforce satisfaction under the act. Why is the Bihar And Orissa Public Demand Recovery Act 1914 important?
The Bihar And Orissa Public Demand Recovery Act 1914 is important for several reasons. Some of the benefits and advantages of the act are:
It provides a speedy and efficient mechanism for recovering public demands from defaulters.
It protects the interests and rights of the government and public officers who are entitled to receive public demands.
It ensures that public demands are not evaded or delayed by fraudulent or dishonest means.
It prevents loss or damage to public revenue and property due to non-payment or non-recovery of public demands.
It facilitates the administration and enforcement of various laws and regulations related to public demands.
However, the act also has some challenges and limitations. Some of them are:
It is an old and outdated law that was enacted during the colonial era and does not reflect the current socio-economic realities and needs of Bihar and Orissa.
It is not in conformity with the constitutional principles and provisions of India, such as fundamental rights, federalism, separation of powers, etc.
It is not consistent with the modern laws and practices of civil procedure, evidence, contract, etc.
It is not compatible with the international standards and norms of human rights, due process, fair trial, etc.
It is not user-friendly and accessible to the common people, especially those who are illiterate, poor, or marginalized.
Therefore, there have been several attempts to amend and update the act in recent years. Some of them are:
In 2011, the Bihar Legislative Assembly passed the Bihar Public Demand Recovery (Amendment) Bill 2011, which introduced some changes in the definitions, procedures, penalties, appeals, etc. of the act.
In 2013, the Orissa Legislative Assembly passed the Orissa Public Demand Recovery (Amendment) Bill 2013, which made some modifications in the authorities, modes, grounds, etc. of recovery under the act.
- In 2019, the Bihar Legislative Assembly passed the Bihar Public Demand Recovery (Amendment) Bill 2019, which proposed some reforms in the certificates, notices, attachments, sales, etc. of the act.
How to access the Bihar And Orissa Public Demand Recovery Act 1914 Pdf 67?
If you want to access the Bihar And Orissa Public Demand Recovery Act 1914 Pdf 67, you have several options. Some of them are:
You can download it from various online sources and websites that provide legal documents and information. For example, you can visit this link to download a pdf version of the act from India Code website.
You can read it online on various platforms and portals that offer legal services and solutions. For example, you can visit this link to read a html version of the act on Lawyer Services website.
You can print it out from various offline sources and locations that provide legal materials and resources. For example, you can visit any law library, court, or government office that has a copy of the act and request for a printout.
However, before you access the Bihar And Orissa Public Demand Recovery Act 1914 Pdf 67, you should keep in mind some tips and tricks to read and understand it better. Some of them are:
You should familiarize yourself with the basic terms and concepts used in the act, such as public demand, certificate officer, certificate debtor, etc.
You should follow the structure and sequence of the act, which is divided into nine chapters and 67 sections.
You should pay attention to the details and nuances of the act, such as definitions, exceptions, explanations, provisos, etc.
You should compare and contrast the act with other relevant laws and regulations, such as the Code of Civil Procedure, the Indian Contract Act, the Limitation Act, etc.
You should consult and refer to other sources and authorities, such as case laws, commentaries, articles, etc. that explain and interpret the act.
Finally, you should also look at some examples and cases related to the Bihar And Orissa Public Demand Recovery Act 1914 Pdf 67. Some of them are:
In Ram Chandra Prasad v. State of Bihar, the Patna High Court held that the certificate officer has no power to issue a certificate of demand against a person who is not a party to the original contract or agreement.
In Bhagwan Das v. Collector of Cuttack, the Orissa High Court held that the certificate officer has no jurisdiction to issue a certificate of demand for arrears of rent under the Orissa House Rent Control Act 1958.
In State of Bihar v. Ram Narayan Singh, the Supreme Court held that the certificate officer has no authority to issue a certificate of demand for recovery of land revenue under the Bihar Land Reforms Act 1950.
Conclusion
In this article, we have discussed the Bihar And Orissa Public Demand Recovery Act 1914 Pdf 67 in detail. We have explained what this act is, why it is important, and how you can access it in pdf format. We hope that this article has helped you to understand this act and its implications for public demand recovery in Bihar and Orissa.
Here are some FAQs that you might have after reading this article:
FAQs
Q: When was the Bihar And Orissa Public Demand Recovery Act 1914 enacted?
A: The Bihar And Orissa Public Demand Recovery Act 1914 was enacted on 3rd March 1914 by the Governor General of India in Council. Q: What is the main objective of the Bihar And Orissa Public Demand Recovery Act 1914?
A: The main objective of the Bihar And Orissa Public Demand Recovery Act 1914 is to provide a procedure for recovering public demands from defaulters in the provinces of Bihar and Orissa. Q: Who is a certificate officer under the Bihar And Orissa Public Demand Recovery Act 1914?
A: A certificate officer is an officer who is authorized by the act to issue certificates of demand for recovery of public demands. Q: What is a public demand under the Bihar And Orissa Public Demand Recovery Act 1914?
A: A public demand is any money payable to the government or any public officer by any person under any contract, agreement, bond, decree, order, certificate or other instrument. Q: How can I appeal against an order of a certificate officer under the Bihar And Orissa Public Demand Recovery Act 1914?
- A: You can appeal against an order of a certificate officer under the Bihar And Orissa Public Demand Recovery Act 1914 within 30 days from the date of the order to the commissioner or the board, as the case may be. 71b2f0854b