PUBLIC DEMAND RECOVERY ACT |
- Some definitions used in this Act
- Certificate–debtor’’- The person named as debtor in a
certificate field under this Act, and includes any person whose name is
substituted or added as debtor by certificate–officer.
- Certificate holder”- Means the Government or the person in
whose favour a certificate has been field under this Act, and includes any
person whose name is substituted or added as creditor by Certificate-officer.
- Main features of the Act:
- Normally, person has to go to the
court for the recovery of money from any person. But the recovery of money from
any person by the Government is different from that of individual case. The
Government needs not to go to the court as like other citizens. According to
the Public Demand Recovery Act, the Government has to recover money by
executing a certificate. The certificate-officer has to serve a notice on
certificate-debtor. After issuance of that Certificate the Certificate-debtor
shall not transfer any immovable properly against anybody. The demanded money
mentioned in the certificate takes the first priority against all the immovable
property.
- A notice with acknowledgement issued
by the House Building Finance Corporation or Agricultural Development Bank against
certificate-debtor is the same as the notice issued by he Certificate officer.
- The mode of execution of certificate is follows:
- By attachment and sale or by sale of any property
- By attachment of any decree
- By arresting the certificate-debtor and detaining him in the civil prison.
- By any two or all of the methods mentioned in classes a, b, and c.
- Property liable to attachment and sale in execution of a degree of a civil court may be
attached and sold in execution of a certificate under this Act. Any person
whose interests are affected by sale, may, at any time within the specified
period, apply to the certificate-officer to set-aside the sale by depositing
the amount of money specified in the notice.
- A certificate-debtor may be arrested in execution of a certificate and be brought
before the certificate-officer. The collector may order the release of a
certificate-debtor, if he is satisfied about the disposal of
certificate-debtor. The certificate- officer shall cancel any certificate at
the request of the certificate-holder. No certificate shall cease to be
in force by reason of -
-
The property to which the demand relates ceasing to be under the charge or
management of the court of words or the revenue authorities; or
- The death of the certificate-holder.
- An appeal from original order shall lie to the collector if the order was made by an
Assistant Collector or Deputy Collector or by a Certificate Officer and if the
order was made by the Collector than it is to the Commissioner.
|
FOREST ACT |
- This Act was enacted in 1927 and came into force the whole of Bangladesh .The salient
feature of this Act is as follows-
-
The Government may constitute any forestland or wasteland as a
reserved forest by issuing a notification in the official Gazette.
- The Government may by notification in the official Gazette declare any forestland or wasteland, which
is not included in reserved forest, to be the Protected forest.
- The Government may assign to any village community the rights
of Government to or over any land, which has been constituted a reserved
forest, and may cancel such assignment. All forests so assigned shall be called
village forests.
- Some definitions under Forest Act :
- Forest-Officer-Any person appointed by the Government the carryout the duties as required by
this Act.
- Forest-offence-Any offence punishable under this Act.
- Forest-produce- Timber, Charcoal, Cuatchouc, Catechu,
Wood-oil, resin, Natural varnish, Bark, Lac, Mahua flowers, Mahua seeds,
Myrabolams.
- Timber- Palms, Bamboos, Stumps, Brush woods, Canes.
- Power to arrest without warrant-Any forest officer or police-officer may
without warrant arrest any person against whom a reasonable suspicion
exists of his having been concerned in any forest offence punishable with
imprisonment for one mouth or upwards.
- Power to try offences summarily -The district Magistrate or any Magistrate
of the first class specially empowered in this behalf by the Government
may try summarily any forest-offence punishable with imprisonment or fine or both.
|
| |