The Public Demands Recovery Act, 1913 – Bangladesh

The Public Demands Recovery Act, 1913 – Bangladesh

The Public Demands Recovery Act, 1913 (PDRA) is a procedural law enacted to enable the summary recovery of dues owed to the Government or local authorities without filing a civil suit. In Bangladesh, this Act continues to play a significant role in the recovery of government revenues, taxes, and loans.

Objective of the Act

The primary objective of the PDRA is to streamline the process of recovering “public demands” by treating them as if they were arrears of land revenue. It authorizes certain officers to recover dues efficiently through administrative means rather than prolonged litigation.

What is a “Public Demand”?

Section 3(6) of the Act defines “public demand” as any arrear or money claim payable to the government, local authority, bank, or co-operative society, which has been declared recoverable under this Act through a Certificate issued by a Certificate Officer.

Examples of public demands include:

• Land revenue arrears
• Unpaid taxes and duties
• Agricultural or cooperative loans
• Fines or penalties due to government
• Loans from state-run financial institutions

Authorities Under the Act

• Certificate Officer: Usually a Deputy Commissioner (DC) or any officer appointed by the government to execute recovery proceedings under the Act.
• Certificate Debtor: The person against whom a certificate is issued.
• Certificate Holder: The government department, authority, or agency claiming the public demand.

Procedure for Recovery Under the Act

1. Filing of Requisition

• A Requisition is made by a Certificate Holder (e.g., government body, local authority) to the Certificate Officer, stating the details of the amount due and the person liable.
• Must be made in the prescribed form and verified.

2. Filing of Certificate

• Upon satisfaction that the requisition is valid, the Certificate Officer files a Certificate under Section 4 against the debtor for the amount due.

3. Notice to Debtor

• A notice is served to the Certificate Debtor informing them of the certificate and allowing them time (typically 30 days) to either pay the dues or show cause against the certificate.

4. Objection by Debtor

• The debtor can file a petition of denial under Section 9 challenging the validity or amount of the claim.

5. Hearing and Determination

• The Certificate Officer holds a hearing, examines evidence (if any), and passes an order either upholding, modifying, or cancelling the certificate.

6. Execution of Certificate

If no valid objection is raised, or after adjudication, the Certificate Officer proceeds to execute the certificate by:

• Attachment and sale of movable or immovable property
• Arrest and detention of debtor (only in exceptional cases)
• Garnishee orders against third parties holding money of the debtor

Appeal and Revision

• An appeal against the decision of the Certificate Officer lies to the District Judge under Section 51 of the Act.
• The High Court Division may exercise revisional jurisdiction in cases of illegality or material irregularity.

Key Features

Feature	Details
Applicable To	Government departments, local authorities, banks, cooperatives
Type of Demand	Money claim declared as public demand
Recovery Mechanism	Administrative (non-judicial)
Recovery Officer	Certificate Officer (usually Deputy Commissioner)
Objection by Debtor	Petition of denial under Section 9
Appeal Forum	District Judge

Limitation

There is no specific limitation period under the PDRA, but principles of natural justice and reasonable delay may be raised as grounds for objection. However, the certificate must be based on a valid and legally enforceable demand.

Use by Banks and Financial Institutions

State-owned banks and co-operative societies often rely on this Act to recover defaulted loans. After obtaining a recovery certificate from the appropriate authority, they may proceed to enforce it through the District Commissioner’s office under this Act.

Criticism and Challenges

• Lack of procedural safeguards in some cases
• Misuse by local authorities without valid claims
• Overburdened DC offices delay execution
• Conflict with constitutional rights if property is taken without due process

Nonetheless, the PDRA remains a powerful legal tool for recovering dues owed to public institutions and is widely used in revenue recovery proceedings.