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Forms in Appendix.-The Forms set forth in the Appendix shall be used, with such variations as circumstances may require. , FORM No. 1 • . . [See Sections 4 and 6] [Filed in the office of the Certificate Officer off ······························ eo 1s nc Name of Name and Name and Amount of public demand Further certificate address of address of [including interest, if any, and particulars of certificate ::ertificate including the fee paid under S the public holder debtor 5, sub-s. (2) if any] for which demand for this certificate is which this signed, and period for which certificate. such demand is due is signed 1 2 3 4 5 (nam f di t · t] ;- ·h·~;-~·;;; -~~~;fy·;j;·~·; ·;;;~ ·; b~~~~;;; ~~;;~~-~d. ;~ -;;;·~f -~~::: ::: :::: ::::::: ·: ;~· ;;~~ ·;~ ;;; ~. ;;;~~~ -~~;;;-~d ::: ::: : : from the above-named . (if the certificate is signed on requisition and sent under s. 5 add ). ' I further certify that the above-mentioned sum of Rs · · ti bl d h · ................................... rs JUS y recovera e an t at rts recovery by suit is not barred by law. Dated this day of 19 .. FORM No. 2 [See Sections SJ [To the Certificate Officer of the District of A. B., Certificate Officer of . ········································ Name of address Amount of public demand Name of the public demand and for certificate of certificate for which this requisition is which this requisition is made debtor debtor made. 1 2 3 4 I request you to recover the above-mentioned sum of Rs which I am satisfied after inquiry, is due from the said in respect of . Verified by me on the : day of 19 .. A. B., (Designation) . To, ... FORM No. 3 Notice to Certificate Debtor See Section 7] (Name of Certificate Debtor) You are hereby informed that a certificate against you for Rs ........ due from you on account of has this cay been filed in my office, under section the Bengal Public Demands Recovery Act, 1913; If you deny your liability to pay the said sum of Rs ........ you may within the said thirty days from the service of this notice,file in my office a petition denying liability,in whole or in part; If within the said thirty days you fail to file such petition or if you fail to show cause or do not show sufficient cause, why such certificate should not be executed ; it will be executed under the provisions of the said Act, unless you pay Rs ..... (Rs ....... )on account ofthe demand and Rs .......... on account of costs of realization) into my office. Until the said amount is so paid, you are hereby prohibited from alienating your immovable property, or any part of it, by sale, gift, mortgage or otherwise ; If you, in the meantime, conceal, remove or dispose of any part of your movable property, the certificate would be executed immediately. A : Copy of the certificate above-mentioned is hereto annexed. You may remit the amount by money order quoting the number and year of the certificate. Dated this ...... day of, 19 . A.B. Certificate Officer of . To FORM No. 4 Petition denying Liability [See Section 9] The Certificate Officer of . The humble petition of (name of petitioner) of (address) SHEWETH:- That a certificate No of ···················(year), for the sum of has been filed against your petitioner in your under sections of the Bengal Public Demands Recovery Act, 1913. That your petitioner respectfully denies his liability to pay the said sum of Rs ( or where the liability of part is admitted, denies his liability to .pay more than Rs ), and this is for the following reasons : That the facts above stated are true to the best of your petitioner's knowledge and belief. Your petitioner therefore respectfully prays that the said certificate may be set aside (or modified or varied). A.B. Petitioner FORM No. 5 Notice to show cause why sale should not be set aside [See Proviso to Section 25 (2)) To Whereas the under-mentioned property was sold on the ··· ············ day 19 , in execution of Certificate No ···············, dated the··················, 19··· ··· ··· ···,and whereas- · · ··· · · · · ·· ·· · · ·· ·····the certificate holder (or the Certificate Debtor) ' applied to me to set aside the sale of the said property on the ground · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Take notice that if you have any cause to show why the· said application should not be granted, you should appear with your proofs in this office on the, ' day of 19 when the said application will be heard and determined. Given under the seal of the Court, this · · · .. · · · · · · · .. · · ·day of 19 . Description of Property Certificate Officer. FORM No. 6 Summons to appear and answer charge of obstructing execution of certificate {See Section 27 (2)] Certificate No of 19 . To Whereas the certificate holder in the above certificate has complained to this Court that you have resisted (or obstructed) the officer charged with the execution of the warrant for possession; You are hereby summoned to appear in this Court on the day of 19 at am,to answer the said complaint. Given under the seal of the Court, this· · · · · · · · · day of jg . Certificate Officer FORM No. 7 Warrant of Committal [See Section 23] To The Officer-in-charge of the Civil Prison at . Whereas the under mentioned property has been sold to the purchaser at auction sale in execution of certificate case No dated 19 and whereas the Court is satisfied that.. without any just cause resisted (or obstructed) and is still resisting (or obstructing) the said -in obtaining possession of the property, and whereas the said has made application to this Court that the said be committed to the civil prison ; You are hereby commanded and required to take and receive the said into the civil prison and to keep him imprisoned therein for the period of days. Given under the seal of the Court, this day of 19 .. Certificate Officer FORM No. 8 Warrant of Arrest [See Section 29] To Whereas a certificate NO -was filed in this office on the 19 -under section of Bengal Public Demands Recovery Act 1913 against certificate debtor, and the sum of... . as noted below is due from him in respect of the said certificate: ·············································································································· Original demand: Interest Cost of execution ... Rs a. p. Total ··························································································································· And whereas the said sum of Rs has not been paid to the certificate holder in- satisfaction of the said certificate ; These are to command you to arrest the said certificate debtor and unless the said certificate debtor shall pay to you the said sum of Rs together with Rs -for the costs of executing this process, to bring him before the Court with all convenient speed; You are further commanded to return this warrant on or before the day of 19 , with an endorsement certifying the day on which and the manner in which it has been executed, or the reason why it has not been executed. Dated this- .. ·····day of.. 19 . Certificate Officer. FORM No. 9 Order committing certificate debtor to the civil prison [See Section 29] To The Officer-in-charge of the Civil Prison at .. Whereas , who has been brought before me this .. ······· day of- 19 , under a warrant in execution of certificate No ......... filed in this office on the·_ ....... , 19 ..... , under section,,,,,,,, of the Bengal Public Demands Recovery Act, 1913; and by which certificate it was ordered that the said Should pay, and whereas the said has not paid the said sum nor satisfied me that he is entitled to be discharged from custody ; You are hereby commanded and required to take and receive the said -into the civil prison and keep him imprisoned therein for a period not exceeding· or until the said certificate shall be fully satisfied, or the said shall be otherwise entitled to be released according to the terms and provisions of S. 31 or S. 32 of the said Act; And I hereby fix annas per diem as the rate of the monthly allowance for the subsistence of the said during his confinement under this order of committal. Certificate Officer. Dated this day of 19 . FORM N0.10 Order for the release e of person imprisoned in execution of a certificate [See Sections 31 and 32] District . Certificate No of 19· ·· ·· · To The Officer-in-charge of the civil prison . at .. Under orders passed this day, you are hereby directed to set free certificate debtor, now in your custody. Dated this day of 19 . Certificate Officer. FORM No.11 Notice to legal representative of certificate debtor [See Section. 43] To [Name of legal representative) You are hereby informed that a certificate against deceased for Rs. ··· ·········due from him on account of was filed in this office on the 19 under section of the Bengal Public Demands Recovery Act, 1913 and that a demand of Rs , in respect of the said certificate proceeding is due from you as the legal representative of the said deceased. If you deny your liability to pay the sum of Rs , you may, within thirty days from the service of this notice, file in my office a petition denying liability, in whole or in part pa . If within the said thirty days, you fail to file such a petition,or if you fail to show cause, or do not show sufficient cause, why such certificate should not be executed, it will be executed, under the provisions of the said Act, unless you pay Rs , (Rs on account of demand and Rs on account of costs of realisation) into my office. Until the said amount is so paid, you are hereby prohibited from alienating your immovable property, or any part of it, by sale, gift. mortgage or otherwise. If you, in the meantime conceal, remove or dispose of any part of your movable property, the certificate will be executed immediately. A copy of the certificate above-mentioned is hereto annexed. You may remit the amount by money- order quoting the number and year of the certificate: Dated this -day of 19 .. A. B. Certificate Officer of . FORM No. 11-A Warrant of attachment of movable property [See Sections 13 and 14] To Whereas a certificate No · was filed in this office on ·· 19 .. under section of the Bengal Public Demands Recovery Act, 1913 against.. certificate debtor and the sum of Rs as noted below, is due from him in respect of the said certificate : ···················································································································· Original Demand Interest Cost Execution Rs. a. Total Rs. a. p. ..................................................................................................................... and whereas the said sum of Rs has not been paid to the certificate holder in satisfaction of the said certificate These are to command you to attach the movable property of the said certificate debtor and unless the said certificate debtor shall pay to you the said sum of Rs ...... with Rs ...... , for the costs of executing this process, to hold the same until further order from the Court; You are further commanded to return this warrant on or before the day of ...... 19 ...... , with 'an endorsement certifying the day on which and the manner in which it has been executed, or thereon why it has not been execu.ted. Dated this day of· · · .. 19 . Certificate Officer. FORM No.12 Attachment in Execution PROHIBITORY ORDER, WHERE THE PROPERTY CONSISTS OF DEBTS NOT BEING NEGOTIABLE INSTRUMENTSOR OF MOVABLE PROPERTY NOT IN THE POSSESSION OF THE CERTIFICATE DEBTOR [See Rule 18 (1) (a) and (c)] To Whereas has failed to satisfy certificate No of I 9 . for Rs it is ordered that defendant be and is hereby prohibited and restrained until the further order of this Court, from receiving from you* to the said certificate debtor namely, and that you, the said be, and you are hereby prohibited and restrained, until the further order of······ this Court from [+] to any person whomsoever, or otherwise than into this Court. Given under the seal of the Court, this day of 19 . Certificate Officer of.····· * A certain debt alleged now to be due from you" or "certain movable property in your possession but alleged to belong". [+] "Making payment of the said debt" or "giving delivery of the said movable property". FORM No.13 Attachment in Execution PROHIBITORY ORDER WHERE THE PROPERTY CONSISTS OF SHARES IN THE CAPITAL OF A CORPORATION [See Rule 18 (l)(b)] To The certificate debtor, and to the Secretary of Corporation. Whereas · .. · ·· · ·· ··· has failed to satisfy certificate No of 19 for Rs , it is ordered that you, the defendant, be and you are hereby prohibited and restrained, until further order of this Court from making any transfer of share in the aforesaid corporation, namely or from receiving payment of any dividends thereon ; and you , the Secretary of the said corporation, are hereby prohibited and restrained from permitting any such transfer or making any such payment. Given under the seal of the Court, th is- day of.········ 19··· ·· · Certificate Officer of . FORM No.14 Attachment in Execution PROHIBITORY ORDER, WHERE THE PROPERTY TO BE ATIACHED CONSISTS OF MOVABLE PROPERTY, TO WHICH THE CERTIFICATE DEBTOR IS ENTITLED SUBJECT TO A LIEN OF RIGHT OF SOME OTHER PERSON TO THE IMMEDIATE POSSESSION THEREOF [ See _Rule 18 (1) (c)] To, Whereas- has failed to satisfy certificate No .. , of 19 , for Rs it is ordered that the certificate debtor be, and is hereby prohibited and restrained until further order of this Court, from receiving from, .. ·· .. ···the following property in the possession of the said- that is to say ···to which the certificate debtor is entitled, subject to any claim of the said··········and the said is hereby prohibited and restrained, until the further order of this Court from delivering the said property to any person or persons whomsoever. Given under the seal of the Court, this······ -day of······ 19 . Certificate Officer of . FORM No. 15 Order to attach salary of Public Officer or servant of Railway Company or Local Authority [See Rule 20] To Whereas certificate debtor in certificate case No of. 19 IS a* receiving his salary or allowance at your hands; and whereas certificate holder in the said case, has applied in this Court for the attachment of the salary or allowances of the said -to the extent or due to him under the certificate, you are required to withhold the said sum of from the salary or allowances of the said in the monthly instalments of and to remit the said sum or monthly instalments to this court. Given under the seal of the Court, this······ -day of······ 19 . Certificate Officer of . *Describe office of certificate debtor. FORM NO 16 Order of attachment of Negotiable Instruments {See Rule -2 To The Collectorate -Nazir .. Whereas an order has been passed by this Court on the of 19 for the attachment of.········,you are hereby directed to seize the said ·and bring the same into Court. Given under the seal of the Court, this········· ······day of.········ 19 ..... Certificate Officer FORM No. 17 Attachment PROHIBITORY ORDER, WHERE THE PROPERTY CONSISTS OF MONEY OR OF ANY SECURITY IN THE CUSTODY OF A COURT OF JUSTICE OR OFFICER OF GOVERNMENT {See Rule 22) Certificate case No· .. ········ -of 19· ·· · ·· ·· · ·· · To Sir, The certificate holder having applied under R. 22 of Schedule II of the Bengal Public Demands Recovery Act, 1913 for an a attachment of certain monet now in your hands; * I request that you will hold the said money subject to further order of this Court. I have the honour to be Sir Your most obedient servant, Certificate Officer of.··········· Dated the·······:.:-··day of 19 . =Here state how the money is supposed to be in the hands of the person addressed, on what account, etc. FORM No.18 Notice to certificate bolder [See Rule 39] Whereas has made application to this Court for the removal of attachment on placed at your instance in execution of certificate of ,of 19 - ·· ··· · ····· ········· ; this is to give you notice to appear before me on the ······ day of ················, 19··· ··· ··· · ··, either in person or by a pleader duly instructed to support your claim, as attaching creditor. Given under the seal of the Court, this········· ··.· day of 19··· . Certificate Officer. FORM No.19 Warrant of Sale of Property [ See Rule 44] To The . These are to command you to sell by auction, after giving days' previous notice, by affixing the same in this office, and after making due proclamation, the under-mentioned property attached in execution of certificate No., , in favour of ··· ···············, or so much of the said property as shall realize the sum of Rs······ ·········being the············ ···of the said certificate and costs still. remaining unsatisfied ; You are further commanded to return this warrant on or before the- ·· .. · · · · ··· · · · day of 19 , with an endorsement certifying the manner in which it has been executed not been executed or the reason why it has not been executed. Given under the seal of the Court, this day of 19 . Specification of property- Certificate Officer. FORM No. 20 Notice of the day fixed for settling a sale for proclamation [ See Rule 46] To ..................... Whereas, in execution of certificate NO··········· ·of ... ··· ... ··· ···a sale is about to be held of your property mentioned below; you are hereby informed that the day of 19···, has been fixed for settling the terms of the proclamation of sale . The total amount due from you in respect of the certificate including costs and interests is Rs . Given under the seal of the Court, this day of, .. ········· 19··· Specification of property Certificate Officer. FORM No. 21 Proclamation of Sale [See Rule 46} Certificate No···.····.······ of 19 under which is the certificate holder and is the certificate debtor············ Notice is hereby given that, under R. 44 in Schedule II to the Bengal Public Demands Recovery Act, 1913, an order has been passed by me for the sale of the property mentioned in annexed schedule,in satisfaction of the claim of the certificate holder under the certificate mentioned in the margin amounting, with costs and interest up to date of sale, to the sum of Rs . The sale will be by public auction, and the property will be put up for sale in the lots specified in the schedule, The sale will be of the property of the certificate debtor above named, as mentioned in the Schedule below. In the absence of any order of postponement, the sale will be the held by at the monthly sale commencing at.. o'clock on the at In the event, however, of the debt above specified, and the cost of the sale being tendered or paid before the knocking down in any lot, the sale will be stopped. At the sale the public generally are invited to bid, either personally or by duly authorised agent. The following are the further : Conditions of sale