Section 22 in The Bengal Land Revenue Assessment (Resumed Lands) Regulation, 1819
22. [ When party may be left in possession of land. [Modified and restricted by Bengal Reg. 9 of 1825, Sections 5 and 8, and had also been modified by Bengal Reg. 3 of 1828, Section 10.]
- First. - If the party shall, within a fortnight of his receiving intimation of the [Board's]decision, tender to the [Collector] [For the exercise of functions of Collectors by other officers, see Bengal Reg. 7 of 1822.] responsible security for the payment from that date of the jama which may eventually be fixed on the land, with interest at the rate of twelve per cent, and shall engage to institute a suit in the Court in which the case may be cognizable within ten days, commencing from the date of the deed of security, or (if the Court shall be shut, and shall not be opened until after the expiration of such ten days) within three days, calculating from the day on which it may be opened, to try the justness of the demand, the [Collector] [For the exercise of functions of Collectors by other officers, see Bengal Reg. 7 of 1822.] shall leave the party in possession as before, reporting the circumstance for the information of the Board:]Proviso. - Provided, however, that in such cases the party shall produce all his accounts of collections for the information of the [Collectors] [For the exercise of functions of Collectors by other officers, see Bengal Reg. 7 of 1822.] in estimating the amount of the security to be required.Procedure of Collector, if party do not furnish full security. - Second. - If the party be willing to give security for a portion only of the jama eventually assessable on the land, it shall be competent to him to do so on the conditions above specified.In this case the [Collector] [For the exercise of functions of Collectors by other officers, see Bengal Reg. 7 of 1822 Section 35.] shall, under the orders of the [Board] [For the present constitution and powers of the Board of Revenue, see B. and O. Act 1 of 1913.] either hold the lands khas or farm them for such period as the [Board] [For the present constitution and powers of the Board of Revenue, see B. and O. Act 1 of 1913.] may direct, and shall pay to the party of portion of the collections proportionate to the amount for which he may be willing and able to give responsible security.Court may determine on sufficiency of security tendered. - Third. - It shall be competent to the Court to direct the [Collector] [For the exercise of functions of Collectors by other officers, see Bengal Reg. 7 of 1822 Section 35.] to take the security offered by the party, if he shall refuse to do so, and the Court shall be satisfied that it is sufficient; but it shall rest with the [Collector] [For the exercise of functions of Collectors by other officers, see Bengal Reg. 7 of 1822 Section 35.] subject to the directions of the [Board] [For the present constitution and powers of the Board of Revenue, see B. and O. Act 1 of 1913.] to fix the amount for which the surety is to be held bound.Amount of security how regulated. - Fourth. - The amount shall not, in the first instance, exceed the estimated annual revenue assessable on the lands, or the amount receivable by the party in one year, with interest; but at the expiration of one year from the date on which the party may receive intimation of the [Board's] [For the present constitution and powers of the Board of Revenue, see B. and O. Act 1 of 1913.] decision, the suit shall still be pending, it shall be competent to the [Collector] [For the exercise of functions of Collectors by other officers, see Bengal Reg. 7 of 1822 Section 35.] to require additional security for the same amount.Security in case of mukarraris. - Fifth. - In mukarraris the parties giving security, and intending to sue, shall continue to pay the mukarrari jama, and will be required to give security for the remaining revenue which may be eventually demandable from them.
