Section 138 in The U.P. Gram Sabha, Gram Panchayat and Bhumi Prabandhak Samiti Manual
138. Recovery proceeding by the Bhumi Prabandhak Samiti [Section 283 and Rule 294-A, U.P.Z.A. & L.R. Act & Rules].
(1)Procedure to recover arrears - Where the Bhumi Prabandhak Samiti is also authorised, whereas the State Government may publish the corresponding general or special order to recover the arrears by any one or more of the processes mentioned in Section 283, the following procedure shall be followed :(a)The write of demand or the citation to appear shall be issued under the signatures of the Chairman of the Samiti after he is satisfied of the existence of the amount of arrears in Z.A. Forms 68-A or 69-A;(b)Where the defaulter is residing in any other Tahsil, the writ of demand or citation to appear may be sent to the defaulter under registered post and the amount spent on postage may be charged from the defaulter.(c)The provisions of Rules 243 to 246 of Z.A. & L.R. Rules shall apply mutatis mutandis to all the processes mentioned in sub-rule (1) of the above Rules.(d)Where it is necessary to recover the arrears by a process, an application giving details of the arrers and the holdings in respect of which they are due and the names of the defaulter from whom they are due, may be made by the Bhumi Prabandhak Samiti singed by its Chairman to the Tahsilder of the Tahsil in which the Samiti is situate, and thereupon the amount of the arrears mentioned in the said application shall be recovered from the defaulters mentioned therein in accordance with the provisions of Section 282 or 284 of the U.P.Z.A. & L.R. Act, as the case may be.(2)Issue of process by registered post to defaulter. - When the Chairman of the Bhumi Prabandhak Samiti is satisfied relating to arrears of amount, process mentioned in item (a) of sub-para (1) with the signature of Chairman of the Samiti, in Z.A. Form No. 68-A or 69-A, as the case may be, shall be issued. If the defaulter is residing in other Tehsil, the process shall be issued by registered post, including the postal charges in the amount due.The fee charged for the issue of a writ of citation to appear shall be rupees two. This fee shall be added to the arrears to which the writ of citation is issued/ and shall be included in the amount specified therein. [See Rule 243 of U.P.Z.A. & L.R. Rules].(3)Measures to be taken for non-payment of arrears. - Not more than one writ shall be issued in respect of the same arrear to any defaulter except under the express orders of the Collector. If the arrears are not paid within 15 days from the date of service, more severe measure should promptly be taken. [See Rule 245 of U.P.Z.A. & L.R. Rules].(4)Service of the writ or citation. - The service of the writ or citation shall, if possible be made on the defaulter personally, but if service cannot be made on the defaulter, it may be made on his agent. If the defaulter or his agent cannot be found or if there is more than one defaulter against whom a writ or citation has been issued a copy of the writ or citation may be fixed at a prominent place on or adjacent to the defaulter's residence. [See Rule 246 (1) of U.P.Z.A. & L.R. Rules].(5)Provisions for recovery from the defaulters. - Where it is necessary to recover the arrears by a process under clause (c), (d) or (e) of sub-section (1) of Section 279, an application giving details of the arrears and the holdings in respect of which they are due and the names of the defaulters from whom they are due, may be made by the Bhumi Prabandhak Samiti signed by its Chairman to the Tahsildar of the Tahsil in which the Samiti is situate, and thereupon the amount of the arrears mentioned in the said application shall be recovered from the defaulters mentioned therein in accordance with the provisions of Section 282 or 284 of U. P. Z. A. and L. R. Act, as the case may be. [See Rule 294-A (4) of U.P.Z.A. & L.R. Rules].
