Bare ActsThe BENGAL PUBLIC DEMANDS RECOVERY ACT, 1913 Bengal Act 3 of 1913 as amended in its application to Arunachal Pradesh

Section 8

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In default of payment of the balance of purchase money within the period allowed, the property shall be re- sold after the issue of a fresh notification of sale. The di posit, after defraying· the expenses of the sale, may, if the Certificate Officer thinks fit, be forfeited to the Government, and the defaulting purchaser shall forfeit all claim to the property or to any part of the sum for which it may be subsequently sold. Given under- the seal of the Court, this day of 19 . Certificate Officer. Schedule of property No of Description of the property to be sold The revenue assessed upon the estate or part Claims (if any) which have been put forward to plot with the name of each owner where of the estate, if the property to be sold is an the property and any other known particulars bearing on there are more certificate debtors interest its nature than one in an estate or a part of an estate paying and value. revenue to the Government 1 2 3 4 Form 22 [Order on the Nazir for causing publication of proclamation of sale] [See Rule 47] To The Nazir of . Whereas an order has been made for the sa.le of the property of the certificate debtor under certificate No , dated the , 19 , which is specified in the schedule hereunder annexed; and whereas the···· .. ···· .. day of , 19-, has been fixed for the sale of the said property; Copies of the proclamation of sale are by . this warrant made over to you are hereby ordered to have the proclamation published by beat of drum within reach of the properties specified in the said schedule, to affix a copy of the said proclamation on a conspicuous part of each of the said properties and- afterwards on my office, and then to submit to me a report showing the dates on which and the manner in which the proclamations have been published. Dated the day of 19 . Schedule Certificate Officer. FORM No. 23 Certificate by Officer holding a sale, of the deficiency of price on a re-sale of property by reason of the purchaser's default {See Rule 51) Certified that at the re-sale- of the property in execution of certificate No ........ dated the 19 ...... , in consequence of default on the part of purchaser, there was a deficiency in the price of the said property, amounting to Rs and that the expenses attending such re-sale amounted to Rs making a total of Rs which sum is recoverable from the defaulter. Dated the day of 19 .. · · · · · · · · · · .. · Officer Holding the Sale. FORM No. 24 Notice to person in possession of movable property sold in execution [See Rule 59 {2)] To Whereas has become the purchaser .at a public sale in execution of certificate No ..................... dated the· , 19 of now in your possession, you are hereby prohibited from delivering possession of the said to any person except the said .. Given under the seal of the Court, this -day of 19 . Certificate Officer. FORM NO 25 Prohibitory order against the transfer of shares sold in Execution {See Rule 59 (5) J To And , Secretary of Corporation. Whereas, has become the purchaser at a public sale in execution of certificate No dated ......... 19, of certain shares in the above Corporation, that is to say of standing in the name of you· .. It is ordered that you be and you are hereby, prohibited from making any transfer of the said shares to any person except the said the purchasers aforesaid; or from receiving any .dividends thereon; And you Secretary of the said Corporation, from permitting any such transfer or making any such payment to any person except the said ;' the purchaser aforesaid. Given under the seal of the Court, this day of 19 .. Certificate Officer. To FORM No. 26 [Form 26] Prohibitory order against payment of debts sold in execution to any other than the purchaser [See Rule 59 (3)] And to . Whereas has become the purchaser at a public sale in execution of Certificate No of 19 , being debts due from you : to you , -it is ordered that you be and you are hereby prohibited from receiving, and you, from making payment of the said debt to any person or persons except the said ... Given under the seal of the Court, this day of .... 19 ..... Certificate Officer······· .. ··· FORM No. 27 Certificate to certificate debtor authorising him to mortgage, lease or sell property [See Rule 66)] Whereas in execution of certificate No of 19 , an order was made on the day of. 19 , for the sale of the undermentioned property of the certificate debtor ; and whereas the Court has on the application of the said certificate debtor, postponed the said sale to enable him to raise the amount of the certificate by mortgage, lease, or private sale of the said property or of some part thereof, This is to certify that the Court do hereby authorise the said certificate debtor to make the proposed mortgage, lease, or sale within a period of... from the date of this certificate: Provided that all money payable under such mortgage, lease, or sale shall be paid into this Court and not to the said certificate debtor. Given under the seal of the Court, this day of 19 . Description of Property Certificate Officer, FORM No.28 Certificate of sale of land (See Rule 74) This is to certify that has been declared the purchaser the sale by public auction on the day of....19 ........ , of in execution of certificate No dated the 19 and that the said sale has been duly confirmed by them. Given under the seal of this Court, this day of 19 . Certificate Officer. FORM No. 29 Order for delivery to certified purchaser of land at a sale in execution [See Rule 75] To The . ,/ / y / ... ... ... ... ... /' Whereas has become the certified purchaser of at a sale in execution of,9ertificate No dated the ... ···, 19··· ··· you are hereby ordered to put the said , the certifief, 'purchaser, as aforesaid, into possession of the same. Given under the seal of the Court, this day of 19 . / / / Certificate Officer . FORM No. 30 /, Notice to show cause why warrant of arrest should not be issued I, [ See Rule 77 J To / ;h~·;~~;~::::::::::: has made application to me fo1execution of certificate tfo·········Of············ 19 , by arrest and imprisonment of your person; you are hereby required to appear before me on the day of 19· ···to show cause why you should not be committed to 1t~e civil prison in execution of the said certificate, Given under the seal of the Court, this day of 19 . Certificate Officer

Section 8 – The BENGAL PUBLIC DEMANDS RECOVERY ACT, 1913 Bengal Act 3 of 1913 as amended in its application to Arunachal Pradesh | DailyLaw.ai