Section 5 in The Bengal Land-Revenue Sales Act, 1859
5. Proviso as to certain descriptions of arrears.
- Provided always that no estate, and no share or interest in any estate, shall be sold for the recovery of arrears or demands of the descriptions mentioned below otherwise than after a notification, in the language of the district, specifying the nature and amount of the arrear or demand, and the latest date on which payment thereof shall be received, shall have been affixed, for a period of not less than fifteen clear days preceding the date fixed for payment according to Section 3 of this Act, in the Office of the Collector or other officer duly authorized to hold sales under this Act,in the Court of the Judge within whose jurisdiction the land advertised lies, andin the Munsif's Court and police-thana of the division in which the estate or share of an estate to which the notification relates is situated, or if the estate or share of an estate be situated within the jurisdiction of more than one Munsif's Court or police-thana, in some one or more of such court or thanas, andalso at the cutcherry of the malguzar or owner of the estate or share of an estate, or at some conspicuous place upon the estate, the same to be certified by the peon or other person employed for the purpose:-Firstly. - Arrears other than those of the current year, or of the year immediately proceeding.Secondly. - Arrears due on account of estates other than that to be sold.Thirdly. - Arrear of estates under attachment by order of any judicial authority, or managed by the Collector in accordance with such order.Fourthly. - Arrears due on account of takavi, pulbandi or other demands not being land-revenue, but recoverable by the same process as arrears of land-revenue:[Provided further that where the estate or share of an estate is a waqf property and entered as such in any of the general registers of revenue paying lands under the Land Registration Act, 1876, a copy of the aforesaid notification shall also be served by registered post on the Sadar of the Majlis established under Section 5 of the Bihar Waqfs Act, 1947.] [Added by Bihar Act 8 of 1948, Section 4.]
