SIKKIM

GOVERNMENT GAZETTE

EXTRAORDINARY
PUBLISHED BY AUTHORITY

Gangtok Wednesday 25th June, 2008 No. 232

GOVERNMENT OF SIKKIM
LAW OEPARMTENT
GANGTOK

No: 14/LO/P/2008 Date: 24.06.2008

NOTIFICATION

The following Act of the Sikkim Legislative Assembly having received the assent 01 the President on
16th day of May, 2008 is hereby published.tor general information:-

THE SIKKIM PUBLIC DEMANDS RECOVERY ACT, 2006

(Act No.14 of 2006)
I(.~.
(,.

AN
ACT

to make provisions for the recovery of public demands in Sikkim.

Be it enacted by the Legislature of Sikkim in the Fifty-seventh Year of the Republic of India as
follows:-

PRILlM1NARY

Short title, extent and 1. (1) This Act may be called the Sikkim Public Demands Recovery Act 2006.
Commencement. (2) It extends to the whole of Sikkim.
(3) Itshall come into force at once.

Definitions. .;.
2. In this Act, unless there is anything repugnant in the subject or context -
(a) "Certificate-debtor" means the person named as debtor in a Certificate filed
under this Act and includes any person whose name is substituted or
added as debtor by the Certificate Officer;
(b) "Certificate-holder" means the State Government or Corporation or
Company owned or controlled by the State Government or any State
Government Officer, Officer of the Corporation or any local authority in whose
favour a Certificate has been filed under this Act and includes any person
whose name is substituted or added as creditor by the Certificate Officer; \
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 (c) "Certificate Officer" means the Collector of the District and includes any
other officer appointed by the State Government by notification, to perform
the functions of a Certificate Officer under this Act;
(d) "Moveable property" includes growing crops;
(e) "Notification" means a notification published irrthe Official Gazettee;
(f)/ "Public Demand" means any money payable to or any liability (inclusive of
interest) which is claimed as due from any person by the State Government
or a Department or any Corporation or Compa.DYor the State Bank of Sikkim
or any Local Authority; under any law 'for the time being in force or under a
written agreement with the above authorities or institution or instrument or
any Decree or Award of any Court or Authority competent to adjudicate the
claims;
(g) "The State Bank of Sikkim" means the State Bank of Sikkim incorporated
under the State Bank of Sikkim Proclamation, 1968.

Power of 3. (1) /' Every Certificate Officer shall be deemed to be a Civil Court for the
Certificate Officer. - purpose of sections 345,346, and 347 of the Code of Criminal Procedure,
1973.
(2) Every Certificate Officer may for the purpose of enquiry into any dispute
relating to the issue of certificate for money shall have same powers as
5 of 1908
conferred on the Civil Court under the Code of Civil Procedure, 1908 in
respect of-
(a) enforcing attendance of any person and examining him on oath;
(b) compelling and production of documents and material objects; and
(c) issuing commissions for purpose of examination of witness and every inquiry
45 of 1860 shall be deemed to be a judicial proceeding within the meaning of Section
193 and 228 of the Indian Penal Code, 1860.

Filing of Certificate 4. (1) ,. When the Certificate Officer is satisfied on an application made to him
for public demand. or otherwise that any public demand is due, he may sign a certificate
irl such form as may be prescribed, stating that the demand is due, and
shall cause the certificate to be filed in his office.
(2) Before signing the Certificate, a notice shall be issued to the person or
persons from whom any money is due and if necessary hold an enquiry as
it deems necessary.
(3) The certificate issued under this Section shall be final and binding on the
parties.
(4) All proceeding under its section shall be completed within three months
from the date of issue of notice to the opposite party.

Service of Notice 5. When a certificate has been filed in the office of Certificate Officer under
and copy of certificate Section 4, he shall cause to be served upon the certificate- debtor, a notice
on certificate debtor. in the prescribed form and a copy of the certificate stating that the demand
is due and shall be paid forthwith.
Effect of Service of 6. On and from the date of service of notice under Section 5 upon a certificate
Notice of Certificate.
debtor-
(a) any private transfer or delivery of any of his immovable property by
certificate-debtor within the State of Sikkim shall be void against any claim
enforceable in execution of the certificate, and
(b) the amount due from time to time in respect of the certificate shall be a
charge upon the immovable property of the certificate debtor, in preference
to all other charge of liabilities created on that property.

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 Who may execute 7. A certificate filed under Section 4 may be executed by .-
Certificate. (a) the Certificate Officer in whose office the original certificate is filed, or
(c) the Certificate Officer to whom a copy of the certificate issent for execution
under sub-section (1) of Section 8.
Transmission of 8. (1) A Certificate Officer in whose office a certificate is filed may send a copy
, Certificate to thereof, for execution, to any other Certificate Officer.
another Certificate (2) When a copy of certificate is sent to any such Officer, he shall cause it to
Officer for execution be filed in his office and thereupon the provision of section 6 with respect to
certificate filed in the office of a Certificate Officer shall apply as if such
copy were an original certificate:
Provided that it shall not be necessary to serve a second notice and
copy under Section 5.

Power of 9. " If the Certificate Officer, in whose office a certificate is filed, is satisfied
attachment. that the certificate-debtor is likely to conceal, remove or dispose of the
whole or any part of such his movable property and that the realization of
the amount of the certificate would in consequence be delayed or obstructed,
he may at any time direct, for reasons to be recorded in writing, attachment
of the whole or any part of such moveable property:

Provided that if the Certificate - debtor whose moveable property has

been so attached, furnishes, security to the satisfaction of the Certificate
Officer, such attachment shall be cancelled from the date on which such
security is accepted by the Certificate Officer.

Mode of execution. 10. Subject to such conditions and limitations as may be prescribed, Certificate
Officer may order execution of a Certificate -
(a) by attachment and sale, if necessary, of any property or, in the case of
immovable property, by sale without previous attachment, or
(b) by attachment of any decree.
Interest, cost 11. There shall be recoverable in the proceedings in execution of every certificate
and charges filed under this Act-
recoverable. (a) \//Interest upon, the public demand to which the certificate relates, at the rate
.> of twelve and a half per centum per annum from the date of signing of the
certificate upon the date of realization,
(b) such costs as are directed to be paid by the Certificate Officer in his
discretion as having been incurred for the service of notice under Section 5,
and of warrants and other processes and all other proceedings taken for
realizing the demand.
Property liable to 12. (1) All property both moveable and immovable, belonging to certificate debtor,
attachment and sale is liable to attachment and sale in exection of the Certificate.
in execution of a (2) The Certificate Officer may attach the property by passing an order, and
Certificate.
se~!ng upon the certificate debtor or any adult member of his family or by
affiXing, the order on the front door of his house or place of residence.
(3) The movable property indicated in the order shall be taken into custody of
the officer - in - charge of the nearest Police Station or out Post under the
orders of the Certificate Officer.
(4) (a) In the case of immovable property, the Certificate Officer shall publish
the date and time of sale with the up-set price fixed in the Official
Gazettee and on the date so fixed shall sell the immovable property by
public auction.
(b) In the case of movable property, no such publication is required. The
movable property maybe sold by public auction.

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Attachment of 13. (1) The attachment of a decree of a Civil Court or the payment of money or for
Decree. sale enforcement of a mortgage or charge shall be made by the issue to the
civil Court to stay the execution of the decree unless and until! _.
(a) the Certificate Officer cancels the notice, or
(b) the certificate holder or the certificate debtor applies to the Court receiving
such notice to execute the decree.
(2) When a Civil Court receives an application under clause (b)· .
of sub-section (I), it shall on an application of the certificate :-:-holder or the
certificate - debtor, and subject to the provisions relating to execution of
decree under the law relating to Civil Procedure proceed to execute the
attached decree and apply the net proceeds in satisfaction f the certificate.

(3) The certificate-holder shall be deemed to be the representative of the holder

of the attached decree, and to be entitled to execute such attached decree
in any manner lawful for the holder thereof.

Pure/laser's title, 14. (1) Where property is sold in execution of a certificate, it shall vest in the
certificate of sale purchaser with all the rights, title and interest of the certificate-debtor at the
and delivery of time of sale.
possession. (2) Where immovable property is sold in execution of a certificate and such
sale has become absolute, the purchaser's right, title and interest shall be
deemed to have been vested in him-from the time when the property is sold,
and not from the time, when the sale becomes absolute.
(3) Where a sale of immovable property has become absolute, the certificate
Officer shall grant a certificate specifying the property sold and the name of
the persons who at the time of sale declared to be the purchaser. Such
certificate shall bear date of the day on which the sale becomes absolute.
(4) On the grant of certificate under sub-section (3), and on the application of
the purchaser, the Certificate Officer shall order, delivery to be made by
putting such purchaser or any person whom the purchaser may appoint to
receive delivery on his behalf, in possession of the property and, if needed
by removinq any persons who refuses to vacate the same.

Setting aside sale. 15. When immovable property has been sold in execution of a certificate, the
certificate-debtor or any person whose interest are affected by the sale may,
within thirty days from the date of the sale, apply to the Certificate Officer to
set aside the sale on his depositing -
(a) for payment to the certificate-holder the amount specified in the proclamation
of sale as that for the recovery of which the sale was ordered, with interest
thereon at the rate of twelve and a half per centum per annum calculated
from the date of the proclamation of sale to the date when the deposit is
made;
(b) for payment to the purchaser, as penalty, a sum equal to five per ce-iturn of
the purchase money, but not less than one rupee.

Person under 16. vvhen the Certificate Officer is satisfied that the certificate debtor is a
disability. minor or of unsound mind, he shall, in any proceeding under this Act permit
him to be represented by any suitable person.

Procedure on death 17. When the Certificate- debtor dies before the certificate has been fully
of certificate-debtor. satisfied, the Certificate Officer may, after serving a notice upon the \egal
representatives of the deceased, proceed to execute the Certificate against
such legal representatives and the provisions of this Act shall apply as if
such notice was a notice under Section 4. The legal representative shall be
liable only to the extent of the property of the deceased which has come to
his hands.
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Protection to 18. No suit or other legal proceeding shall lie against a Certificate Officer for any act
Officer. done or purported to have been done by him under the provisions of this Act.

Power to make 19. The State Government may make rules for the purpose of carrying out and giving
rules. effect to all or any of the provisions of this Act.

Repeal and Saving 20. (1) The Sikkim Public Demand Recovery Act, 1988 is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken in exercise
of the powers conferred by or under the provisions of that Act shall be deemed to
have been done or taken in exercise of the powers conferred by or under this
Act as if this Act was in force on the day on which such thing was done or such
action was taken.

Pending 21. All proceedings pending under the existing law for re-covery of public demand shall
proceedings. be deemed to have been the proceedings under this Act and the Certificate Officer
shall continue the proceedings as though they were initiated under this Act.

Pratibha Devisingh Patil

PRESIDENT OF INDIA

R.K. PURKAY ASTH.~ (SSJS)

LR-cum-Secretary
Law Department
File No. 11(256) LD/08