Procedure of Certificate Case
The term Certificate Case is a very common term. However people have misconception about Certificate Case. In this article we have discussed about the Procedure of Certificate Case in Bangladesh.
What is Certificate Case ?
Certificate Case means Cases filed under the The Public Demands Recovery Act, 1913 for recovery of Public demands in Bangladesh. The said act stated the whole procedure regarding certificate case.
Who is Certificate Officer ?
Certificate-officer means a Collector, a Upazila Nirbahi Officer, a Upazila Magistrate, and any officer, appointed by a Collector, with the sanction of the Commissioner to perform the functions of a Certificate-officer under the said Act.
What is Public Demand ?
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 under part II of the said Act.
Filing of Certificate Case:
According to the Section 4 of the said act, When the Certificate-officer is satisfied that any public demand payable to the Collector is due, he may sign a certificate, in the prescribed form, stating that the demand is due, and shall cause the certificate to be filed in his office.
According to Section 6 of the Said act, On receipt of any such requisition, the Certificate-officer, if he is satisfied that the demand is recoverable and that recovery by suit is not barred by law, may sign a certificate, in the prescribed form, stating that the demand is due; and shall include in the certificate the fee (if any) paid under section 5, sub-section (2); and shall cause the certificate to be filed in his office.
Service of Notice:
According to Section 7 of the said Act, When a certificate has been filed in the office of a Certificate-officer, under section 4 or section 6, he shall cause to be serve upon the certificate-debtor, in the prescribed manner, a notice in the prescribed form and a copy of the certificate.
Filing of petition Denying Liability:
According to section 9 of the said act, The certificate-debtor may, within thirty days from the service of the notice required by section 7, or, where the notice has not been duly served, then within 30 days from the execution of any process for enforcing the certificate, present to the Certificate-officer in whose office the certificate is filed, or to the Certificate-officer who is executing the certificate, a petition, in the prescribed form, signed and verified in the prescribed manner, denying his liability, in whole or in part. If any such petition is presented to a Certificate-officer other than the Certificate-officer in whose office the original certificate is filed, it shall be sent to the latter officer for disposal.
Hearing and Determining of such Petition:
According to section 10 of the said act, The Certificate-officer in whose office the original certificate is filed 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 set aside, modify or vary the certificate accordingly:
Provided that, if the Certificate-officer is not the Collector, and considers that the petition involves a bona fide claim of right to property, he shall refer the petition to the Collector for orders; and the Collector, if he is satisfied that a bona fide claim of right of property is involved, shall make an order canceling the certificate.
Execution of Certificate:
According to section 11 of the said act, A certificate filed under section 4 or section 6 may be executed by-
(a) the Certificate-officer in whose office the original certificate is filed, or
(b) the Certificate-officer to whom a copy of the certificate is sent for execution under section 12, sub-section (1).
Whether Bank can file Certificate Case for recovery of Loan Money ?
According to Section 5(5) of the Artha Rin Adalat Ain 2003 Anything contained in the Public Demands Recovery Act, 1913 even though the loan recoverable by the Artha Rin Adalat under this Act is a ‘Public Demand’ the suit for recovery thereof shall be instituted in the Court under the Act only.
That the suits of claims not exceeding Taka 5,00,000/- (Five Lac) by the Bangladesh Krishi Bank, Rajshahi Krishi Unnayan Bank and other state owned financial institutions may, instead of instituting in the Artha Rin Adalat, be filed as certificate case under the provisions of the Public Demand Recovery Act, 1913 as well.