Section 226 in Bihar Board's Miscellaneous Rules, 1958
226. Testing of security in landed property.
- In all cases in which the security consists, in whole or in part, of landed property, the validity of such security shall be tested in January-February of each year in the following manner:-(1)A proclamation shall issue and be affixed at the mufassil Kachahri or residence of the surety, or in a conspicuous place in the village where the land or other property pledged in the bond is situate, in the presence of not less than two respectable residents of the village, and also at the police thana within the jurisdiction of which the property is situate (the receipt of the Inspector or Sub-Inspector in-charge of the thana being obtained through his superiors) calling upon all persons who have claims upon, or who deny the right of the proposed surety to, the property mentioned in the bond (which is to be carefully set forth in the proclamation) to come forward within one month and prefer their claims or objections in respect to it, on failure of which the inadmissibility of any pleas of objection will be pleaded by the revenue authorities in bar of any future claim whensoever preferred. On the expiration of the month, the return evidencing due service of the proclamation as above will be put up, and any claims or objections made will be considered.(2)Search will also be made in the registration office in which any transaction affecting such landed property would be registered with the view of ascertaining if the right and title of the surety to the land have remained unchanged.(3)Local enquiry will also be made in the localities in which the landed property is situated by a revenue officer not inferior in standing to a Nazir or Kanungo, who will report fully as to the sufficiency of the security given.(4)The officer who has furnished the security shall also submit a declaration in writing, setting forth distinctly the circumstances (if any) that have affected the value of the landed property as security since the date of the last testing of the same. The head of the office after duly weighing any claim or objection made on proclamation issued, the result of search in the registration office, and of the local enquiry, with the declaration of the officer giving security, shall pass orders accepting or rejecting the security. The result of the annual testing of securities should be noted in column 11 of Register No. 73-Securities of ministerial and non-gazetted officers.
