Section 10A of the PDR

Act, 1913 whether it is

violation of the Article
27 &31 or not
Farzana Shashi, Lecturer, Dept of LAW, PAU

Sumi Akter

Student ID: 193003053

9/27/2020
INTRODUCTION

This is an Act to consolidate and amend the law relating to the recovery of public
demands in Bengal, whereas it is expedient to consolidate and amend the law relating to
the Recovery of public demands in Bengal.

According to the Public Demand Recovery Act 1913, Section 3(6) “Public Demand”
means any arrear or money mentioned or referred to in Schedule I, and includes any
interest which may, by law, be chargeable thereon up to the date on which a certificate is
signed.

This Act, 1913 is a self-contained law. It is an amended and consolidated Act. It can also
be regarded as an exhaustive and complete code in itself. Consolidation, however, has
been effected for the purpose of recovery of public demands as defined in Schedule-1of
this Act.

The Public Demands Recovery Act (No-3 of) 1913, provides the speedier and easier
procedure in the matter of realization of various kinds of dues, which are basically
undisputed in nature such as: fines, fees, rents, rates, land revenue and charges payable to
the government, local authorities and court of wards.

Special Provisions Relating to Certificate for the Recovery of Certain Dues:

Section 10A:

(1) Notwithstanding anything contained in section 7, when a certificate has been filed in
the Office of the Certificate-officer under section 4 or section 6 for the recovery of any
dues under the 2[Bangladesh House Building Finance Corporation Order, 1973 or the
Bangladesh Krishi Bank Order, 1973,] or the Co-operative Societies Act, 1940 or the
3[Customs Act, 1969] or for the recovery of any loan advanced by the 4[Government],
5[or for the recovery of any money referred to in Article 15 of Schedule the Certificate-
officer shall, instead of causing a notice prescribed under section 7 to be served upon the
certificate-debtor, cause a demand-notice to be served upon the certificate-debtor by
registered post with acknowledgement due requiring the certificate-debtor to deposit with
the Certificate-officer the amount of his debt within thirty days of the service of such
notice.

(2) From and after the service of the demand-notice under sub-section (1) upon a
certificate-debtor, the provisions of clauses (a) and (b) of section 8 shall apply.
 (3) The provisions of section 9 or section 10 shall not apply in the case of a certificate
for the recovery of any dues or loan specified in sub-section (1); and on the default of the
certificate-debtor to deposit the amount of his debt as require by sub-section (1), the
Certificate-officer shall proceed to execute the certificate in accordance with the
provisions of the Act.

When a Certificate is signed under Section 6 of the P.D.R. Act, whether a notice is served
upon the Certificate debtor under Section 7 of the P.D.R. Act and the Certificate debtor is
entitled to make a petition denying the liability in whole or in part—The Section, whether
is against the principle of natural justice.

Magnum Enterprise Ltd. Vs. General Certificate Officer, Comilla and another, 13 BLD
(HCD) 498.

Section—34

Generally when a Certificate is signed under Section 6 of the P.D.R. Act, notice is served
upon the Certificate Debtor under Section 7 of the P.D.R. Act and the Certificate Debtor
is entitled to make a petition in the prescribed form signed and verified denying liability
in whole or in part under Section 9 of the Act within the period of 30 days from the
service of any process for enforcing the Certificate upon such denial of the liability under
Section 9 of the Act, the Certificate Officer shall hear the petition, take evidence (if
necessary) and determine whether the Certificate Debtor is liable for the whole or any
part of the amount for which the Certificate was signed and may vary, modify or set aside
the Certificate.

Section 10A of the P.D.R. Act is against the principle of natural justice and also offends
the Articles 27 and 31 of the Constitution.

Section 34 provides for civil suit within 6 months from the service of notice upon the
Certificate Debtor under Section 7 and if the debtor files petition in accordance with
Section 9 denying the liability.

Magnum Enterprise Ltd. Vs. General Certificate Officer, Comilla and another, 13 BLD
(HCD) 498.

Ref: Miah Muhammad Latif Vs. Province of West Pakistan and another, 22 DLR(SC)98;
Mannace Lab. Ltd. Vs. General Certificate Officer and another, 42 DLR 159; Chittagong
Engineering and Electric Supply Co. Ltd. Vs. Certificate Officer. Dacca, and other, 17
DLR. 404; Zakaria A. - Bawani Vs. City Deputy Collector, Karachi and two others, PLD
1975 Karachi 1008; Government of West Pakistan and others Vs. Begum Agha Abdul
Karim Shorish Kashmiri, 22 DLR (SC) 16; Abdul Latif Mirza Vs. Government of
Bangladesh and others, 31DLR. (AD) 120; A.I.R. 1957 Punj. 303; Ghulam Mohiud-Din
Vs. Chief Settlement Commissioner, 16 DLR (SC) 654; MIS. Muhammad Siddik
Muhammad Umar and other Vs. The Australia Bank Ltd. 18 DLR(SC) 430; Miah Md.
Latif Vs. Province of W.P., 22 DLR(SC) 98, 100(10); Dr. Nurul Islam Vs. Bangladesh,33
DLR(AD) 201- Cited.

Rule—68

On every sale of immovable property., the person declared to be the purchaser shall pay
immediately after such declaration, a deposit of twenty-five percent, on the amount of his
purchase-money, to the officer or other person conducting the sale, and, in default of such
deposit, the property shall forthwith be re-sold.

Nung Shu Kumar Deb v. General Certificate Officer and others, 22 BLD (HCD) 553

Ref: 50 DLR(AD)194; Bangladesh Krishi Bank Vs Meghna Enterprises and

another, 50 DLR(AD)( 1998) 194.

Conclusion

So from the above discussion it is very much clear that the main objective of the Public
Demand Recovery Act 1913 is to settle and determine various types of dispute relating to
debt which are payable to the government or any other person rather than the
government.

For fulfilling the objectives Public Demand Recovery Act 1913 adapts various types of
procedure from issuing a certificate to sale execution of the property and in the end it
shall be said that “it has not been disputed and can’t be disputed that Public Demand
Recovery Act 1913 is a self-contained Act, which is complete by itself.”