Bare ActsThe Odisha Public Demands Recovery Act, 1962

Section 16

Amendment status not verified — confirm the current text below against the official source.

(1) Notwithstanding anything contained in~pcciairr~odo any other larv or contract to thc contrary, t I ~ e C e r t i - ~ ~ "cO'"y. ficate Officer may at any time or from time-to time, by notice in writing, a copy of which shall be lb~.warded to the certificate-debtor at his last address k~zown to the Certificate Officer, require- (a) any person from whom any money is due or may become due to the certificate-debtor; or (b) any person who holds or may- subsequently hold any money for or on accou t ~ t of the certificate-debtor, t o pay to the Certificate Oficer either forthwith or upon the money becoming due or being held or at or within the time specified in the notice (not being before the money becomes due or is held) so much of the money as is sufficient 10 pay the amount due in respect of e certificate or the wflole of the money when it is equal to or less than such amount. (2) Where a persoll on \-vhorn a notice is served under sub-section (1 ) proves to the satisfaction of the Certificate Oficer that the lnoney demanded or any part thereof was not due to the certificate-debt~r or that he did not hold any money for or on account of the certificate-debtor at the tilne the notice was served on him, nor is the money demand- ed or any part thereof likely to become due to the certificate-debtor or be held for or on account of the certificate-debt~r nothins contained in this section be deemed to require such person to pay such money or part thereof to the Certificate Oficer. 572 THE ORISSA PUBLIC DEMANDS RECOVERY ACT, 1962 1 Or. Act 1 (3) The Certificate Officer may, at any time or from time to time, amend or revoke any such notice or extend the time for making any payment in pursu- ance of the notice, (43 The Certscate Officer shall grant a receipt for any amount paid in compliance with notice issued under sub-section ( I ) and the person making such payment shall be deemed to have made the payment ul~der the authority of the certificate-debtor and the receipt granted by the Certificate OEcer shaII con- stitute a good and sufficient discharge of the Iiability or' such person to the certificate-debtor to the extent of the amount specified in the receipt. (5) Any person discharging any liability to the certificate-debtor after service on him of the notice issued under sub-section (1) shall, if the 1iabiIity is discharged in any manner other than that required in the said notice be personally liable to the Certifimte Officer to the extent of the liability so discharged or to the extent of the liability of the certificate-debtor, whichever is less. (G) Any amount of money which a person is required -to pay under sub-section ( I ) or for which he is personally liable to the Certificate Officer under sub-sectin11 (5) shall, if it remains unpaid, be recover- :tblc as a public demand under this Act. (7) Nothing in this section shall operate to effect any action that may have been taken or prevent any action that may be or is being taken under t h e other .provisions of this Act for recovery of the dues in respect of the certificate from the certificate-debtor. Attachment pr.l~lsrry

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