Bakijai Branch deals with

The recovery of public demands under “Bengal Public Demands Recovery Act,”1913.

Bakijai Branch deals with recovery, as public demands of loans advanced by  banks and other financial institutions to persons under schemes framed and or approved by the Government of Assam for providing opportunities for employment or for assisting agricultural  or industrial activities and purposes.

Bakijai Clearance Certificate is provided by the Bakijai Branch.

Categories of Bakijai

• Certificate –Debtor
• Certificate –Holder
• Certificate –Officer
• Collector

Certificate  Debtor  means

• A person named as debtor in a certificate filed under the Bengal Public Demand Recovery Act/1913 and includes any person whose name is substituted or  added  as  debtor  by the Certificate  Officer.

Certificate Holder means

•  The Government or person in whose favour a certificate has been filed under the Bengal Public Demand Recovery Act/1913.

Certificate Officer means

• A Collector, a Sub-Divisional Officer and any officer appointed by a collector with the sanction of the Commissioner to perform the functions of a certificate Officer filed under the Bengal Public Demand Recovery Act/1913.

Collector means

• The chief officer- in -charge of the revenue administration of a district and includes an Additional District Magistrate appointed under sub-section (2) of Section 10 of the Code of Criminal Procedure, 1898(Act V of 1898).

Methodology of Bakijai proceedings

Step:- I

            When a form of certificate received from the Certificate Holder has been filed to the Certificate Officer under Section 4 or 6, the Certificate Officer caused to be served notice upon the certificate debtor under section 7.

Step:- II

            After non response from Certificate debtor in spite of three times served notice, Certificate officer should show cause notice to the Certificate Debtor.

Step:-III

            A special drive is to be done by the Bank Managers and its officials along with Police personnel and the concerned Village Headmen for recovery of public demands.

Step:- IV

If the above steps fail to recover the public demands, an arrest warrant against the certificate debtors is  to be issued under Section 29 of the BPDR Act, 1913 by the Certificate Officer.

SARFAESI ACT/2002

• The Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (also known as the SARFAESI Act) is an Indian Law. It allows banks and other financial institution to auction residential or commercial properties of Defaulter to recover loans with due approval from the collector.
• Under this act secured creditors (banks or financial institutions) have many right for enforcement of security interest under Section 13 of Sarfaesi Act, 2002.
• The law does not apply to unsecured loans, loans below Rs.100000/- or where remaining debt is below 20% of the original principal.

Appointment of Certificate Officers under BPDR Act/1913

Investiture/Delegation of power under sub-section (3) of Section 3 of the Bengal Public Demand Recovery Act,1913.

Public Service delivered by the Branch and the Process

• Bakijai Clearance Certificate:---- It is proposed to be delivered within 15 working days from the date of application.
• Process:-
• Collect the application form at the Public Facilitation Centre (PFC) of the office.
• Apply  online with the following documents:
• 1. Passport photo of the applicant -1 copy
• 2. Court fee stamp
• 3. Affidavit
• 4. Up to date Land revenue receipt
• 5. No due certificate from 3 nos of Banks.
• 6. Identity and Address proof.
• Collect the certificate from the PFC within 15 working days from the date of application.

Bakijai Collection Report
(Since  January 2019 to May 2019)