A brief outline of the functions and responsibilities associated with District Certificate Office

Introduction- An officer of the deputy collector rank remains in charge of the District Certificate Office and he functions under the supervision, direction and control of the Collector of the District. The functions carried out by this office pertain to disposal of certificate cases and realization of the public demand against these certificates under the provisions of the Bihar & Orissa Public Demand Recovery Act, 1914. The said Act envisages disposal of certificate cases in a quasi judicial manner and to that extent certain provisions related to receiving evidence, administering oaths, enforcing the attendance of witnesses and compelling the production of documents as prescribed by the Code of Civil procedure 1908 is also applicable in matters of conducting and hearing of the certificate proceedings. Every Collector, Certificate Officer, Deputy Collector acting under this Act is deemed to be acting judicially within the meaning of the Judicial Officers’ Protection Act,1850.

In view of the large number of certificate cases in a district, the case load is sought to be distributed by way of appointing the officers of the deputy collector rank (generally speaking)to function in the capacity of certificate officers for the disposal of these cases. Save Sub-divisional Magistrate and Collector who have original power under the Act to function as Certificate officers, other officers are required to be vested with the powers of the certificate officers for which their names with recommendation are forwarded by Collector to the Commissioner of the Division who sanctions these officers to act as certificate officers under the above mentioned Act.

Procedures- the procedure, in short, includes the following inter alia----------

when a public demand, which is an arrear or money falling under the category mentioned in schedule I of the Act, is due from person to any public authority or the government then for the realization of the said public demand from such person (hereafter referred to as the certificate debtor) a requisition (FORM II) is filed before the certificate officer by such public authority called certificate holder under the Act. All certificate cases involving a public demand up to Rs 50000 are filed in Anchal offices and disposed by Circle officers exercising powers of certificate officers in their respective jurisdictions. Certificate Cases involving public demand of Rupees 100000 and above are filed in the District Certificate Office and disposed by Certificate officers in the district whereas certificate cases involving public demand of Rs.50000 to 100000 is dealt in the Sub-divisional offices of respective jurisdictions by the Sub-divisional Magistrates acting as certificate officers.

Consequent upon filing of such requisition the certificate officer has to satisfy himself that the amount requisitioned is a public demand and that its recovery is not barred by law and thereafter the certificate in form I is signed by the certificate officer signifying that the demand is fit for recovery from the person whose name appears in the requisition form II.

When certificate is signed in the above mentioned way, a notice under section 7 of the Act is sent to the certificate debtor requiring him to either deposit the certificate amount in pursuance of the said notice received or to file an objection with regard to the certificate amount or the certificate itself. Such objection is to be properly heard by the certificate officer who after proper hearing determines the matter of such objection petition of the certificate debtor. This way the certificate officer determines (under section 10) 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.

The certificate case may be disposed as withdrawn by the certificate officer upon the report of the certificate holder to that effect mentioning that he (certificate holder) has reached a compromise with the certificate debtor in the Lok Adalat and in that case court fee charged in full has to be deposited by the certificate holder.

An appeal against the original order passed by a deputy collector will lie before the court of Collector and in case the original order is passed by the collector, the appellate authority will be the commissioner of the Division provided that no appeal against an order passed under section 10 shall be entertained unless the appellate authority is satisfied that the appellant has paid forty percent of the amount determined under that section or such amount as the appellant admits to be due from him, whichever is greater.

The certificate officer may cancel any certificate at the request of the certificate holder and also that the certificate may be cancelled by the certificate officer if the certificate holder is not found reasonably diligent.

The execution of certificate whose recoverability has been determined in the way mentioned above can be executed after the period of 30 days has elapsed since the date of service the notice required under section 7 or 11(addition, omission or substitution of party) or when such objection petition has been duly heard and determined.

The following are the modes of execution of the certificate-

By attachment, and sale, if necessary of the movable and immovable property of the certificate debtor.

By arresting the certificate-debtor and detaining him in civil prison.

By both of the above mentioned methods.

The following are also required to be recovered in addition to the public demand from the certificate debtor.

Interest upon the public demand to which the certificate relates at the rate of 12% per annum from the date of the signing of the certificate up to the date of realization.

Such cost as directed to be paid

All charges incurred in respect of service of notice under section 7 and of warrants and processes.

All other proceedings taken for realizing demand.

Thus in the light of the above requirements stipulated in the said Act, the certificate office is entrusted with the following responsibilities -----------

Scrutiny of the requisition filed by the requisitioning authority (read certificate debtor) in the light of the requirement stipulated under the Act and instructions laid out by the Board of revenue.

Maintenance of Register X classified requisitioning authority wise.

Reconciliation of Register IX (requisition register maintained in the office of the certificate holder) with Register X (Register of certificate maintained in the office of the certificate officer)

Chargeability of the court fee as per the requirement of the Court fee Act and also in respect of the public demand payable to an authority other than the collector. At the time of filing the requisition for the initiation of certificate proceeding the certificate holder is required to deposit at least 25 % of the total court fee.

Allocation of cases among the assistants across the offices of the collectorate for the purpose of presenting the same before the concerned certificate officer.

Presenting before the concerned certificate officers in the district the cases allotted to them for hearing and doing the needful in consequence of the direction/order passed in the concerned record by the certificate officers.

Sending notices to the certificate debtors under section 7 of the Act and issuing warrants for arrest of the certificate debtors in pursuance of the order passed in the matter by the certificate officer.

Work associated with vesting the officer (newly transferred & posted in the district) with the power of the certificate officer.

Collection of reports and return connected to the certificate cases in the Anchal, Sub-division and District and the same after proper summarization is forwarded to the Board of Revenue and the Department of Institutional Finance and Programme Implementation.

Organizing of meetings in the district for the review of the progress of the certificate cases.

Preparation of statement of facts in connection with the CWJC cases related to certificate proceedings.

Inspection of the office.

Assembly Questions, if any received for proper reply.

Sending of body warrants/ and distress warrants to the concerned SHOs for it being executed against the certificate debtors.

Correspondence with respect to Lok Adalat.

Correspondence in respect of progress of cases in Anchals and Sub-divisions.

Correspondence in connection with the requisition received from other district.

Sending service report of the notices received from the certificate offices of the other district.

Providing certified copy in respect of the certificate proceeding to the seeker of information under the provisions of the Bihar Record Manual and also relevant information under the Right to information Act.

The above mentioned list is indicative and not exhaustive. For greater appreciation of the matter, a careful reading of the certificate manual is the desideratum.

Apart from what has been described above this office is also responsible for scrutinizing the petition received from the secured creditors under the provisions of the SARFAESI ACT, 2000 for delivery of possession of their secured assets.