SOUTHEAST UNIVERSITYDept. of LawJusticeLLB(Hons)-Program.Course Title: Registration and Public Demands RecoveryCourse Code: LLBH 2222Submitted To:UmmayMunmun(Lecturer)Dept. of Law JusticeLLB(Hons)-Program.Southeast UniversitySubmitted By:BilkishParvin17thBatch,Section:BID No:2009020300048Date of Submission: 29-04-2013
Assignment On-Attachment, Appeal, Review, and Revision under ThePublic Demands Recovery Act, 1913
Public Demands Recovery Act, 1913 (Bangladesh):Attachment of property:17. Property liable to attachment and sale in execution of a decree of a CivilCourt under section 60 of the Code of Civil Procedure, 1908 may be attachedand sold in execution of a certificate under this Act.Payment of moneys, contrary to attachment, to be void:18. Where an attachment has been made in execution of a certificate, anypayment to the certificate-debtor of any debt, dividend or other moneys,contrary to such attachment, shall be void as against all claims enforceableunder the attachment.Attachment of decree:19. (1) The attachment of a Civil Court decree for the payment of money or forsale in enforcement of a mortgage or charge shall be made by the issue to theCivil Court of a notice requesting the Civil Court to stay the execution of thedecree unless and until-(i) the Certificate-officer cancels the notice, or(ii) the certificate-holder or the certificate-debtor applies to the Court receivingsuch notice to execute the decree.(2) Where a Civil Court receives an application under clause (ii) of sub-section(1), it shall, on the application of the certificate-holder or the certificate-debtor,and subject to the provisions of the Code of Civil Procedure, 1908, proceed toexecute the attached decree and apply the net proceeds in satisfaction of thecertificate.(3) The certificate-holder shall be deemed to be representative of the holderattached to the decree, and to be entitled to execute such attached decree in anymanner lawful for the holder thereof.
Appeal:51. (1) An appeal from any order made under this Act shall lie–(a) if the order was made by an Assistant Collector or a Deputy Collector, or bya Certificate-officer not being the Collector,− to the Collector, or(b) if the order was made by the Collector,–to the Commissioner:Provided that no appeal shall lie from any order made under section 22.(2) Every such appeal must be presented, in case (a), within fifteen days, or, incase (b) within thirty days, from the date of the order.(3) The Collector may, by order, with the previous sanction of theCommissioner authorize(a) any Sub-divisional Officer, or(ii) any officer appointed under clause (3) of section 3 to perform the functionsof a Certificate-officer, to exercise the appellate powers of the Collector undersub-section (1)(4) When any officer has been so authorized, the Collector may transfer to himfor hearing any appeal referred to in clause (a) of sub-section (1), unless theorder appealed against was made by such officer.(5) Pending the decision of any appeal, execution may be stayed if the appellateauthority so directs, but not otherwise.Bar to second appeals:52. No appeal shall lie from any order of a Collector, or an officer authorizedunder section 51, sub-section (3), when passed on appeal.Revision:53. (1) The Collector may revise any order passed by a Certificate-officer,Assistant Collector or Deputy Collector under this Act.(2) The Commissioner may revise any order passed by a Collector under thisAct.
(3) The Board of Land Administration may revise any order passed by aCommissioner under this Act and the order of the Board shall be final.Review:54. Any order passed under this Act may, after notice to all persons interested,be reviewed by the officer who made the order, or by his successor in office, onaccount of mistake or error either in the making of the certificate or in thecourse of any proceeding under this Act.