Amendment status not verified — confirm the current text below against the official source.
WIiere no hrm is set forth in the Appendix, OtI~er farms. the appropriate Toi-m I11 use i11 Civil Courts shall be used, with such modifications as may appear to ba necessary. 624 THE ORISSA PUBCTC DEMANDS RECOVERY ACT, 1962 [ Or. Act f APPENDM FORMS (See rule 59) .FORM No. 1 CERTIFICATE OF PUBLIC DEMAND (See secrions 3 & 5) Filed in the office of Certificate Oficer of (name of district ) Number Name and Name and Name and Amount of . Further of address or address of address of public demand particulafs certificate certificate- certificate sureties [including in- of the bolder debtor terest, if any, and public demand including the for which this fee paid under certhicate is section 4, sub- signed . section (2). if any] for which this certificate is , . signed and period for , , , , which such demand is due . . Iherebycertifythattheabove mentioned sumofR9. . isduotothe~bovenamsd from ' the above named , . ' , jlf the certsmte is signed on requisition sent under section 4 add)- , , . , 1 f'urther certify that the above-mentioned sum of R9. is justly rccoverablo and that its recovery by suit is not bamd by law. Dated this day of 19 Cerl@cule Oficct of. . . . . . of a63 1 THE OWA PVBLLC DEMANDS ~ C O W Y ACT, 1962 625 ( ~ ~ ~ e n d i x - e o n t d . ) FORM No. 2 REQUISITION FOR CERTIFICATE (See section 4) To The Ctrtijicatc Oficer of the district of Amount of Nature of the Name of Address of Name of Address of public demand public demand cert&cate- mrtificate- surety surety for which this for which tbis debtor deb tor requisition. requisition is made is made I requwt you to recover the above-mantioned s u m of Rs. which I am satisfied after enquiry, is due from the said in respect of V d e d by me onthe day of 19 . FORM NO. 3 NOTICE TO CERTIFICATEDEBTOR (See section 6) You are hereby informed that a certificate against you for Rs.. . . . . . . . . due from you on account of . . . . . . . . . . . . . . has this day been filed in my office, under section .... . . . . . . . . . . . . of the Orissa Public Demands Recovery Act, 1962. If you deny our -liability to pay the said sum of &. . . . . . . . . . . you may, within thirty days . lrom the senice of this notice, Pe in my office a petition denylog liability, in whola or in part, on ope or more ofthe grounds spac5eld below :- (a) Tho certificate dues have been fully or partly paid. (b) The person on whom such- notice has been served is not the peaon named as- sdcatsaebtor in the ccrliflato. 626 THE ORISSA PUBLIC DE~UNDS RECOVFRY ACT, 1962 [ Or. Act 1 (Appetmix-conttl.) (c) A certifica te-debtor in respect of duss othtr than, thajc in rclation to which thc liability under any law for the tinh: being in forc:: is not open to qucstion in a Civil Courc, may also dcuy his Iiability o n any other, ground. . , IF\rithin lhc said thirty days, you rail to The such a pctition or iC you faiI to show causc or do not show sulficicnt causc, why such . cerilficate should not be executed, - it will 1.r~ U X W U L C ~ , undcr 1l1c provisions of thc said Act, unless you pay Rs. . . . . . . . . (Rs. . . . . _ . . . . . ) on account or tllc demand and Rs. . . . . . . . . on account of costs of rcalisatioll) into my ofice. Unril the said amount is so paid you are hcrcby pro- lubitcd from alienating your immovable property or any part of it, by sale, gift . mortgage or otllcrwise. If you, in rhe mean time conceal, remove or dispose ol' any part of your movable properry, the certificate will bc executed immediately. A copy of thc ccrtificate above-mentioned is hercto .annexed. You may remit the amount by moncy order, quoting thc number and ytar or the certificate. Datcd this day of 19 A. D. Cerr$cat~-Ofic~L~~~ ~j . . . . . . . . -- . . , . . . FORM NO. 4 PETlTION DENYING LIABILITY (See section 8) To The humble petition of (name of petitioner) of (addrcss) That a certificate No. of (year), for the sum of Rs. . . . . . . . . has been field against your petitioner in your office under section , of the Orissa Public Demands Recovcry Act, 19G2. That your petitione~ resp'cctfully denies his liability to pay the said sum of Rs. . (or, where the liability to pay padis admitted, denies his liability to ay more than Rs. ' ), and this for the follorving reasons :- That .the facts above stated are true to the best of your pctilioner's nowledge and belicf. Your petitioner thcrcfore respectfully prays that the said ccrtificatc may be set aside (or modsed or varied ). (Petitioner 1 NOTICE TO SHOW CAUSE WHY SALE SHOULD NOT BE SET ASIDE (See section 28) Whercas thc undcr-mentioned propcrty was sold on thc day OF 19 j11 cxccution OF cerlificnte No. , dntcd thc 19 . And rvhcrerrs LIIC ccrtificnrc-IloIdcr (or cxtificatc-dcblor) llas appiicd to 1-117 l o s e l aside thc salo of' thc snicl propcrty on (hc gromld that Take noticc that il you havc auy causc lo show why LII: said ;r[>plicn[ion should not bc grnlltcd, go11 shou!d nppeilr witli your proor i n this oKcc nn thc day o f 19 , \vhcn the said npplicniion ivill bc 11c;ird : ~ n d dctcrmincd. Given iinrler my hand and scal, this the day or 19 Descriplion or p~.opcrly -- FORM NO, 6 WARRANT OF ;iKREST (Src section 37) ll'hcrens a Ccrrilicnle No. was filed i r l this oficc on th,: 19 , undcr scclion or Lhe Orissa Rs. nP. PubIic Demnnds Rccovcry 1 , 1962, against ceriificate-dcbior, and tllc sum Original demand . . oC Rs. as noted i l l tlle margill is due from Ili~n in respccl o f the said certi- Tn tcrcs t . . licaie nncl ~vherzas thc said sum OT Rs. has not bccn paid to 1l1e ccrti hcnlc-holder COSIS . . in snlisfacrion nT the s:~id ccritifcate, lhcse arc com~-nan(d you to nrrcst thy said Excct~tion . . ccrlilicate-rlcbto~ :~nd U I ~ ~ C S S LIle said ccrrificalc-debtor should pay l o you the said sum of Rs. togelher with Rs. ror the cosl of cxccuting Total . . , this proccss or should proiluce n receipt showins pnymcut or thc arnnunt to t I ~ c Certificate-Oficcr to bring him berorc lhc Court with all coi~vcnicnl speed. YOU arc furtl1c.r commnntlcd to rcluin tliis mfarrnni on or beforc Ihs: day OT 19 , v;ith an endorsement cerlifying thc day on ivhich and Ihc malwcr in which i t llas been cxeculcd or Ille rcnson why it Ilas not been e?;ccutcd. Dated this day or 628 THE ORJSSA PUBLIC DEMANDS RECOVERY ACT, 1962 [ Or. Act 1 (Appendi-r-contd.) FORM No. 7 ORDER COMMITTING CERTIFICATE-DEBTOR TO THE CIVIL PRISON (See section 37) Whereas , who has been brought before me this day of 19 , under a warrant in execution of wrtificate No. filed in this office on the , 19 , under section of the Orissa Public Demands Recovery Act, 1962 and by which certicficare 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 coustody. You are hereby in the name of Government 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 ceritificate shall be fully satisfied or the said shall be otherwise entitIed to be released according to the terms and provisions of section 39 or section 40 of the said Act, and I hereby fix nP. per diem as the rate of the monthIy allowance for the subsistence or the said during his confinemeat under this order of committal. Dated this day of 19 . FORM NO. 3 NOTICE TO LEGAL REPRESENTATIVE OF CERTIFICATE-DEBTOR (See section 51) mdme of Legal Representative) You are hereby inromed that a certificate against deceascd for Rs. due from him on account of was field in this office on the I9 , under section of the Orissa Public Demands Recovery Act, 1962 and that a demand of Rs. in respect of the sa;d certificate proceeding is due from you as the legaI representative of the said deceased. If you deny your liability to pay the said sum of Rs. , YOU may wtbin thirty days From the szrvitx of this notice. file in my office a petition denying inability in whole or in part. IT within the said rhirty days you rail to fde such a petition, or if you Fail to show causc/do not show sufficient cause why such certi- ficate should not be executed, it will be executed under the provisions of the said Act, unless you pay Rs. ( Rs. on account of the demand and Rs. ,on account af costs of realization) into my office. Until rhc said amount is so paid you arehereby prohibired from aIienating your immovable property, or any part of it by sale, gift, mortgage or otherwise. If you in the meantime coned, remove or dispose of any part of your movable property tho artihwte will be executed immediatcly. A copy ofthe certificate above mentioned is hereto amexed. You may remit the amount by money order quoting the number and year of the oedicatc. Dated ibis , day of 19 FORM 'NO.. 9 (See sccrion 20) Whercas has made application to the Court for the removal of attachment or placed at your instance in execution of Certificate No. of I9 this is to give you notice to appear before me on the day i 9 , either in-person or by. a -pleader duly instructed to support your claim as attaching creditor. GI1:~n undcr my hand and seal, this day of I9 -- FORM NO. :'.O WARRANT OF SALE OF PROPER7Y (See rule 24> The These are to command you to sell by auction after giving day's previous noticc by a5xing the same in this of6ce an& after making due prM ama- ' tion, the under mentioned property attached in execution o, certificate No. in iavour of , or so much of the said property as shall real& the sum 0 . Rs. , being the 01 the said o e d c a k and costs still remaining unsatisfied. I You we further commanded to r e m this warrant on or before the dac oC 19 , w th an- endorsement =dying the manner In whch it has been executed or the reason why irhas not been executed. Given under my band and seal, hs day of 14 . 630 THE ORISSA PUBLIC DEMANDS RECOVERY ACT, 1962 [ Or. Act (Appendix-conid,) EORM NO. 11 NOTICE OF THE DAY FIXED FOR SETTLTNG A SALE PROCLAMATLON (See rule 25) To Certificate-deb tor Whereas in exemtion of certificate No. of a sale is about to be held of your property mentioned bclow, you are hercby informed that the day of 19 , has been bed for settling the terms of thc procla- marion of sale. The totd amount due from you in respect of the cedificate including costs and interests is Given under my hand and seal, this day of 19 . SpecScation of property :- Certifica re- DJficer FORM NO. 12 PROCLAMATION O$ SALE (Sea rule 25) Notice is hercby given that, under ruIe 24 in Schedule ,lI to the Onssa Public Demands Recovcry Act, I962 an ordd bas been passed by me fur 1) CerciH- the sale of the property mentioned in the annexed scheduIe, a i ri satisfac- tion of the claim of the certificateholder under the cert16cate -men- of 1 9 , "odcr tioncd in the margin (I) amounting with costs and interest up to date which is of sale, to the sum of tho mrti- fiat* holdcr ~d is tho cortificatc- debtor. The saIe will be by public auction and the property will be put up for sale in the lots specified in the scheduIe. The salc will be of the property of the ceficate- debtor above-named as ment .oned in thc schedule below. In the absence of any order of postponement, the sale will be held by at the monthly sale commencing at '0' clock on the at In the event, however, of the debt above specified and of the costs of the safe, being tendered ar paid before the knocking down of any lot, the salewiil be stopped, At the saIe the public generally are invited to bid, either personally or by dulye authoriscd agent. The following are the further. Conditions of sale The particular specified in the schedule below have been stated to the best of the information of the Cerlifiatc-Officer, but the Certificate-Officer will not be a w e t a b ] 0 for any error, misstatement or omission in this proclamation. of 1963-1 THE ORISSA 'LBLEC DEMAKDS RECOWRY ACT, 1962 63 1 CAppendLr-contd .)