RULES
AND FORMS PRESCRIBED BY THE BOARD OF REVENUE UNDER SECTION 48 OF BIHAR AND
ORISSA PUBLIC DEMANDS RECOVERY ACT, 1914
[1]
Attachment of Movable Property Etc.[2]
Rule - 1. Application for attachment of movable property in the possession of the certificate-debtor.--
At the time of making an application for the
attachment of movable property in the possession of the certificate-debtor the
certificate-holder shall declare whether the property is above or below Rs. 20
in value. If the property is declared to be above Rs. 20 in value the
certificate-holder shall pay the costs of issuing the proclamation of sale. If,
however, the value of the property, having been declared to be Rs. 20 or under,
should be found, as determined by Rule 2, to exceed to Rs. 20, the
certificate-holder shall pay the costs of issuing the proclamation of sale
immediately on receipt of notice of attachment.
Exception.-The Rule does not apply when the
certificate-holder is the Government.
Rule - 2. Procedure for the attachment of movable property when its value is up to Rs. 20, or above.--
When the attaching officer believes that the
property attached does not exceed Rs. 20 in value he shall inform the debtor
or, in his absence, any present adult member of his family, that it will be
sold by public auction at once without the issue of any proclamation. In case
the certificate-holder, or the certificate-debtor, or, any person on his behalf
objects to this the attaching officer Shall convoke a panchayat of not less
than three respectable adult male inhabitants of the neighbourhood, of whom
ordinarily the headman of the village should be one, and shall require them to
assess the value of the property. If they determine that it exceeds Rs. 20 in
value, he shall deal with it according to the Rules for the sale of movable
property exceeding Rs. 20 in value, otherwise he shall forthwith proceed to
sell it by auction, after giving such reasonable notice as the circumstances of
the case admit of to intending purchasers.
Maintenance and Custody, While Under Attachment of
Live-Stock and Other Movable Property
Rule - 3. Removal of property to the Certificate-Office.--
If no suitable place can be found in the village
for the sale custody of the attached property, the attaching officer shall
remove the property to the office of the Certificate Officer at the
certificate-holder's expense. In the event of the certificate holder failing to
provide the necessary funds the attachment shall be withdrawn.
Rule - 4. List of property under attachment.--
Whenever attached property is kept at the place
where it attached, the officer shall forthwith report the fact to the
Certificate Officer, and with his report shall forward an accurate list of the
property seized, so that the Certificate Officer may thereon at once issue the
proclamation of sale.
Rule - 5. Debtor's consent to sale of property under attachment.--
If the debtor gives his consent in writing to the
sale of the property without awaiting the expiry of the prescribed term, the
officer shall receive and forward the writing without delay to the Certificate
Officer for orders.
Rule - 6. Custody of property under attachment, at the certificate office or under Nazir's supervision.--
When the property is removed to the office of the
Certificate Officer, it shall be kept by the Nazir on his own sole
responsibility in such a place as may be approved by the Certificate-Officer.
If the property cannot, from its nature or bulk, be conveniently kept in the
office premises, or in the personal custody of Nazir, he may, subject to
approval by the Certificate-Officer make such an arrangements for its safe
custody under his own supervision as may most convenient and economical, and
the Certificate-Officer, may fix the remuneration to be allowed to any person
not being an officer subordinate to the Certificate-Officer, in whose custody
the property is kept.
Rule - 7. Claim of any person that the certificate debtor to property under attachment.--
When property remains at the place where it is
attached in the custody of the attaching officer, any person other than the
certificate-debtor claims the same, or any part of it, the officer shall
nevertheless, unless the certificate-holder desires to withdraw the attachment
of the property so claimed, remain in possession, and shall direct the claimant
to prefer his claim to the Certificate-Officer.
Rule - 8. Withdrawal of attachment.--
If the certificate holder withdraws an attachment,
or if it be withdrawn under Rule 3 or Rule 10 of these Rules, the attaching
officer shall inform the debtor, or, in his absence an adult member of his
family, that the property is at his disposal.
In the absence of any person to take charge of it,
or in case the officer shall have had notice of claim by a person other than
the certificate-debtor, the officer shall, if the property has been removed
from the premises in which it was seized, replace it where it was found at the
time of seizure.
Rule - 9. Feeding and tending of live-stock under attachment.--
Whenever livestock is kept at the place where it
has been attached, the certificate-debtor shall be at liberty to undertake the
due feeding at the tending of it, under the supervision of the attaching
officer but the latter shall, if required by the certificate-holder, and on his
paying for the same at a rate to be fixed by the certificate-Officer, engage
the services of as many persons as may be necessary for the safe custody of it.
Rule - 10. Cost for feedings live-stock and expenses attending its removal to certificate off ice.--
In the event of the certificate-debtor failing to
feed attached livestock, the officer shall call upon the certificate-holder
either to pay for feeding it on the spot or for the expenses attending its
removal to the office of the Certificate-officer. If the certificate-holder
fails to provide for either, the officer shall report the matter without delay
to the Certificate-Officer who may thereupon withdraw the attachment
Rule - 11. Responsibility of Nazir for safe custody and proper feeding.--
When attached live-stock is brought to the office
of the Certificate-Officer, the Nazir shall be responsible for the safe custody
and proper feeding of it so long as the attachment continues.
Rule - 12. Custody of live-stock in pounds.--
If there be a legally constituted pound in or near
the office of the Certificate-Officer, the Nazir shall be at liberty to place
in it such attached live-stock as can properly be kept there, in which case the
pound-keeper shall be responsible for the property to the Nazir and shall
receive the same rates for the accommodation and maintenance thereof as are
paid in respect of impounded cattle of the same description.
Rule - 13. Custody of live-stock otherwise than in pound and rates to be allowed for custody and maintenance.--
If there be no pound available, or if, in the
opinion of the Certificate-Officer, it be inconvenient to lodge the attached
live-stock in the pound, the Nazir may keep it in his own premises, or he may
entrust it to any person selected by himself and approved by the
Certificate-Officer. The Certificate Officer shall, from time to time, fix the
rates to be allowed for the custody and maintenance of the various descriptions
of live-stock with reference to seasons and local circumstances. The Collector
may make any alterations he deems fit in the rates so prescribed.
Rule - 14. Fees to be charged where attachment of movable property is by actual seizure.--
(1)
Where
process of attachment of movable property by actual seizure is issued, fees at
the following rates shall be charged, and the officer deputed to attach such
property shall be furnished with a certificate stating the period for which the
fees in accordance with this Rule have been paid-
|
(i)
When the amount under the Certificate exceeds Rs. 1000- |
Rs.
P. |
|
|
|
(a)
for the seizure under the order of attachment |
2.00 |
|
|
(b)
for each man necessary to ensure the safe custody of property so attached,
when such man is actually in possession, per diem |
0.40 |
|
(ii) |
When
amount under certificate is Rs. 1,000 or under, but above Rs. 50- |
|
|
(a) |
for
the seizure under the order of attachment |
1.00 |
|
(b) |
for
each man necessary to ensure the safe custody of property so attached, when
such man is actually in possession, per diem |
0.25 |
|
(iii) |
When
the amount under certificate is Rs. 50 of under- |
|
|
|
(a)
for the seizure under the order of attachment |
0.50 |
|
|
(b)
for each man necessary to ensure the safe custody of property so attached,
when such man is actually in possession, per diem |
0.25 |
[3] [Note-A surcharge at the following rates shall be
levied on the fees prescribed under this Rule-
|
|
Rate
of Surcharge Rs. P. |
|
1.
On every whole rupee |
0.40 |
|
2.
(a) on a fraction of rupee up to and including [4]
[twenty five paise] |
0.15 |
|
(b)
on a fraction of a rupee exceeding [5]
[twenty five paise] but not exceeding [6][fifty
paise] |
0.20 |
|
(c)
on a fraction of a rupee exceeding [7][fifty
paise] but not exceeding [8][seventy
five paise] |
0.35 |
|
(d)
on a fraction exceeding [9][seventy
five paise] but less than [10][one
rupee] |
0.40 |
(2)
When
process of attachment is issued in a number of cases relating to the same or
neighbouring villages, the fee (a) referred to above shall be paid in each case
and the daily fee (b) only for the man actually employed. The daily fee (c)
shall be paid at the time of obtaining the process for so many days as the
Certificate-Officer shall order not being ordinarily less than fifteen days and
the number of days required for the coming and going of the attaching officer;
but where that officer is not to be left in possession, then the daily fee
shall be paid only for the time to be occupied by the officer going, effecting
the attachment and returning. When the inventory filed by the
certificate-holder shows the property to be of such small value that the
expense of keeping it in custody may probably exceed the value, the
Certificate-Officer shall fix the daily fee with reference to the provisions of
Rule 13 of Schedule II of the Act;
Provided that, if it appears that for any reason
the number of days fixed by the Certificate-Officer under this Rule and in
respect of which fees have been paid is likely to be exceeded, and the certificate-holder
desires to maintain the attachment the certificate-holder shall apply to the
certificate Officer to fix such further number of days as may be necessary, and
the additional fees in respect thereof shall be paid in the manner provided in
sub-rule (3), if such additional fees be not paid within the period originally
fixed and in respect of which fees have been paid, the attachment shall cease
on the expiry of that period.
(3)
The
fees prescribed by this Rule shall be payable in advance at the time when the
petition for service or execution is presented, and shall be paid by means of
Court-fee stamps affixed to the petition in addition to the stamp necessary for
its own validity.
Rule - 15. Sale of movable property falling under Rule 13 of Schedule II, or of value not exceeding Rs. 20, or of greater value.--
Sale of property under the proviso to Rule 13 of
Schedule II of the Act and of movable property not exceeding Rs. 20 in value
shall be held on the spot or at the nearest market place or at the sadar or
sub-divisional headquarters. Such sales will necessarily be conducted by peons
when they are the attaching officers. Sales of movable property of greater
value may under Rule 25 of Schedule II take place only after the issue of a
proclamation, but they may be held on the spot or at the nearest market place
or at the sadar or sub-divisional headquarters as may seem convenient and
conductive to the securing of good prices, provided that the place and time of
sale are notified in the proclamation. For such sales officers of higher rank
than peons should always be deputed when the value of property is estimated to
exceed Rs. 50. When the value is between Rs. 20 and Rs. 50 the
Certificate-Officer may, by a special order, depute a peon if he considers it desirable
to do so.
Rule - 16. Purchase by the certificate holder.--
(i)
No
holder of a certificate in execution of which movable property is sold shall,
without the express permission of the Certificate-Officer bid for or purchase
the property.
(ii)
Where
a certificate-holder purchases with such permission, the purchase-money and the
amount due on the certificate may be set off against one another and the
Certificate-Officer executing the certificate shall enter up to the
satisfaction of the certificate in whole or in part accordingly.
(iii)
Where
a certificate-holder purchases, by himself or through another person, without
such permission, the Certificate-Officer may, if he thinks fit, on the
application of the certificate-debtor or any other person whose interests are
affected by the sale, by written order set aside the sale; and the cost of such
application and orders, and any deficiency of price which may happen on the
resale, and all expenses attending it shall be paid by the certificate-holder.
(iv)
This
Rule shall not apply when the certificate-holder is the Government.
Poundage Fees
Rule - 17. Levy of poundage fees.--
(i)
Poundage
fees shall be leviable in Court-fees stamps in all cases of sale under the
Bihar and Orissa Public Demands Recovery Act, 1914, at the rate of two per cent
on the gross amount realised by the sale up to Rs. 1,000, and at the rate of 1
per cent on all excess of gross proceeds beyond Rs. 1,000:
Provided that, where a sale of immovable property
is set aside under Section 31, sub-section (2), of the Act any poundage or
other fee charged for selling the property shall; on application, be refunded.
(ii)
The
percentage leviable shall be calculated on multiples of Rs. 25, that is to say
a poundage fee of [11][fifty
paise] shall be levied for every Rs. 25 or part of Rs. 25 realised by the sale,
up to Rs. 1,000, and in the case of the proceeds of the sale exceeding Rs.
1,000, a fee of 4[twenty five paise] shall be levied for every Rs.
25 or part thereof of the excess proceeds above Rs. 1,000.
(iii)
In
case in which several properties are sold in satisfaction of one certificate
only one poundage fee, calculated on the gross sale-proceeds, shall be levied,
2 per cent being charged on the gross sale-proceeds up to Rs. 1,000 and one
percent of the excess over Rs. 1,000 of such proceeds.
(iv)
The
proceeds of a sale effected in execution of any certificate may be paid out of
Court only on an application made for that purpose in writing, and the poundage
lee for selling the property shall be paid by stamps affixed to the first of
such applications, whether it be, or be not, made by the person who obtained
the order for sale, or whether it does or does not, extend to the whole of the
proceeds. No fee shall be chargeable upon any such application subsequent to
the first.
(v)
In
case in which the certificate-holder applies for leave to purchase under Rule
16 (i), no order to set off the purchase-money against the amount of
certificate shall be made upon the application for leave to purchase. Such
order shall be made upon a petition presented after the property has been knocked
down to the certificate holder at the auction sale, and such petition shall be
stamped with stamps of the value of the poundage fee due for selling the
property
Note.-On the fees prescribed in clause (i) of this
Rule, a surcharge at the rate of [12][Nineteen
paise] shall be levied for every Rs. 25, or part thereof realised by the sale,
upto Rs. 1,000, and in the case of the proceeds of the sale exceeding Rs.
1,000, a surcharge of 2[twenty paise] shall be levied for every Rs. 25, or
part thereof the excess proceeds above Rs. 1,000.
Rule - 18. Addition of costs, etc., to certificate and payment by certificate-holder of purchase-money in excess of the amount of certificate.--
Upon the hearing of the petition referred to in
Rule 17(v), the costs of execution, including the amount of the stamps attached
to the petition, shall be ascertained and shall be added to the certificate;
and in cases in which the amount of the purchase-money exceeds the amount of
the certificate and of such costs, the certificate-holder who has so purchased
the property shall pay to the Certificate-Officer the sum of 25 per
cent upon the balance of the purchase-money after deducting the amount of
the certificate and of such costs, and shall pay the balance on or before the
fifteenth day from the sale in accordance with Rule 25 of Schedule II of the
Act.
Rule - 19. Mode of payment of Court fee by a Nationalized Bank at the time of filing a requisition for certificate.--
Explanation.-For the purpose of this Rule
"Nationalized Bank" means a bank as mentioned in clause (i) or (ii)
of Rule 15 of Schedule 1 of the Bihar and Orissa Public Demands Recovery Act,
1914.
[1] Published
under Board's Notification No. 4.7.10, dated the 6th September, 1915 at page
1377-79, Part II of the Bihar and Orissa Gazette of the 15th September, 1915.
[2] Published
under Board's Notification No. 4.7.10, dated the 6th September, 1915 at page
1377-79, Part II of the Bihar and Orissa Gazette of the 15th September, 1915.
[3] Rate
of surcharge 0.40, 0.15, 0.20, 0.35, and 0.40, Subs. for Rs. 0.60, Rs. 0.20,
Rs. 0.30, 0.50 and 0.60 respectively by C.S. No. 2, dated 9.3.1962.
[4] Subs.
for "4 annas", "8, annas", "12 annas" and
"16 annas" respectively.
[5] Subs.
for "4 annas", "8, annas", "12 annas" and
"16 annas" respectively.
[6] Rate
of surcharge 0.40, 0.15, 0.20, 0.35, and 0.40, Subs. for Rs. 0.60, Rs. 0.20,
Rs. 0.30, 0.50 and 0.60 respectively by C.S. No. 2, dated 9.3.1962.
[7] Rate
of surcharge 0.40, 0.15, 0.20, 0.35, and 0.40, Subs. for Rs. 0.60, Rs. 0.20,
Rs. 0.30, 0.50 and 0.60 respectively by C.S. No. 2, dated 9.3.1962.
[8] Rate
of surcharge 0.40, 0.15, 0.20, 0.35, and 0.40, Subs. for Rs. 0.60, Rs. 0.20,
Rs. 0.30, 0.50 and 0.60 respectively by C.S. No. 2, dated 9.3.1962.
[9] Rate
of surcharge 0.40, 0.15, 0.20, 0.35, and 0.40, Subs. for Rs. 0.60, Rs. 0.20,
Rs. 0.30, 0.50 and 0.60 respectively by C.S. No. 2, dated 9.3.1962.
[10] Rate
of surcharge 0.40, 0.15, 0.20, 0.35, and 0.40, Subs. for Rs. 0.60, Rs. 0.20,
Rs. 0.30, 0.50 and 0.60 respectively by C.S. No. 2, dated 9.3.1962.
[11] Subs.
for "8 annas" and "4 annas" respectively.
[12] Rate
of surcharge 0.40, 0.15, 0.20, 0.35, and 0.40, Subs. for Rs. 0.60, Rs. 0.20,
Rs. 0.30, 0.50 and 0.60 respectively by C.S. No. 2, dated 9.3.1962.
[13] Added
vide Sec. 2 of Amdt. Rules, 2011