Section 170 in Rules Under the Land and Revenue Regulation
170.
The following rules are substituted in the Karimganj Subdivision of Cachar District only for rules 130, 135, 136, 137, 138, 148, 160, 161, 162, 163, 164, 165, 166 and 167 of the rules made under Chapter V of the Assam Land and Revenue Regulation:(1)Land Revenue when to repaid. - Every sum payable on account of land revenue shall fall due on the dates specified in Appendix 1 and shall be payable in such manner and in such instalments as therein prescribed before sunset of the due dates.When land-revenue falls due on a Sunday or authorised holiday, the first open day after such Sunday or holiday shall be taken as the date on which the revenue fell due.(2)Sale proclamation. - The statement to be prepared under section 72(1) of the Land and Revenue Regulation in respect of property to be sold under section 70, shall be prepared in the language of the district, and may if the Deputy Commissioner thinks fit, be bound in a book to be called the Sale Statement Book.(3)Publication of sale statement. - The tahsildar will post a carbon copy of the sale statement after striking out the estates (if any) which are not to be sold and not therefore to be advertised for sale, in a glazed frame prepared and kept for the purpose at the Subdivisional office. The officer posting the copy in the glazed frame will certify on it that he has done so on a date named, and sign and date the certificate.If the tahsil is not situated at the headquarters of the subdivision, he will post a copy of his tahsil where the revenue of the estates is paid and send a certificate of positing to the officer ordering the sale. He will at the same time forward a copy to be posted at headquarters and it will be the duty of the head quarters tahsildar to see that a copy is properly posted at head quarters. When any one of the estates advertised for sale is not situated within the jurisdiction of the thana at the headquarters of the subdivision, the person entrusted with the service of the sale notice will go to thanadar, hand over to him a carbon copy of the sale statement used as list of estates advertised for sale and get his certificate. The officer in charge of the thana, on receipt of the copy will paste it on his notice-board. A copy of the sale statement made by means of carbon paper for use as list of estates advertised for sale, must be posted at the Subdivisional officer, at the tahsil and at the thana, thirty days before the date of sale.If the tahsildar finds that he cannot readily determine the thana or the thana within the jurisdiction of which the estate is situated a copy of the sale statement used as list under section 72(2) of the Regulation will be published at whatever thana he deems most suitable for the purpose of publication.Vide Forms Nos. 37A and 37B.(4)Right of public to inspect sale statements. - The originals or copies of all statements prepared under section 72(1) of the Regulation ordinarily be opened daily (holidays excepted) for inspection by the public, free of charge, at the tahsil office, from 2 p.m. to 4 p.m. The inspection will be made in the presence of the Tahsildar or his assistant. No one will be allowed to remove the statements from the place where they are kept, or in any way to alter or erase any part of them or record anything on them. Persons requiring information may take notes or copies in pencil.(5)Mode of service of sale notice. - Simultaneously with the posting of copies of the sale statement used as list of estates advertised for sale, under section 72(2) of the Regulation the tahsildar will (where necessary) make copies of those entries in the sale statement of which a copy is required to be despatched by post to such proprietors as have registered their names for the purpose under section 72(5) of the Regulation. In the case of defaulting estate not being a permanently-settled estate, the tahsildar will make two copies of the entry by means of carbon paper, one copy to be made over to the defaulter or if he cannot be found, pasted on a conspicuous part of the estate under section 72(4) of the Regulation, and the other copy for the defaulter's receipt or certificate of service to be recorded and filed with the sale record. This certificate shall be attested by at least two witnesses.(6)Publication of notices issued to tenants of defaulters and proclamation annulling settlement. - Notices to tenants of defaulter under section 73 of the Regulation will be published only for estates paying more than Rs 50.00. These notices and proclamations annulling settlements issued under section 90 of the Regulation will be published in the language of the District in the Court of the Revenue Officer duly empowered to issue the same, and also at the police thanas and tahsils, other than the thana and tahsils situated a at the headquarters of the subdivision, in the jurisdiction of which the defaulting estate or the greater part there of same will be pasted on a conspicuous part of the estate itself or, Where the estate is small, of the village nearest to the estate. In the case of a temporarily-settled estate, arrangement should be made to issue the notices under section 73 along with the notice under section 72(4), only one set of process fees being charged for both the notices. Each set of notice under section 73 will be prepared in duplicate by means of carbon paper for each estate, one copy being posted as stated above, and on the other the certificate of posting should be recorded and filed in the office to form part of the sale record in the same way as certificates are to be entered in the case of the service of notice under section 72(4) on defaulters. If the revenue of any estates falls below Rs 50.00 by the opening of separate accounts, no such notice need be issued.(7)Attachment and sale of moveable property. - (i) After an arrear has accrued in respect of a temporarily-settled estate which is not liable to sale under section 70 of the Assam Land and Revenue Regulation at the first instance for arrears of revenue, the tahsildar will issue an order to the nazir to attach such moveable property of the defaulter as may be pointed out to him, and to send to the tahsildar a list of the property attached. At tahsils where there is no nazir, the tahsildar will himself attach such moveable property of the defaulter as may be pointed out to him. At the same time that the nazir or tahsildar (when there is no nazir) attaches the property under this rule, he will serve a sale notice on the defaulter.(ii)Should the defaulter after attachment of moveable property still fail to pay in the arrear with cost, the tahsildar will issue an order to the nazir for the sale of moveable property of the defaulter or, where there is no nazir, will himself proceed to sell the property attached, if the arrear is not paid before the date of sale. If after the issue of a sale order under this rule and before the date fixed for sale the arrear is paid, the tahsildar will see that a certificate to that effect is placed with the record.(iii)The tahsildar will be responsible that as far as lies in his power attached property is not sold for an unduly low price. He will take special orders from the Subdivisional Officer in all cases of difficulty and in the event of the property being sold or an apparently inadequate sum, he will report the matter to the sub-divisional officer who may cancel the sale or pass such other orders as he thinks fit.(iv)If the Tahsildar is of opinion that the process provided for in these rules is not sufficient for the recovery of the arrear, he may, if the arrear accrued in respect of an estate in which the settlement-holder has a permanent, heritable and transferable right of use and occupancy apply to the Deputy Commissioner to order the attachment, and necessary the sale of the estate itself, subject to the provisions of section 74 of the Land and Revenue Regulation. No defaulting estate or immoveable property of a defaulter shall be sold for an arrear which is less than twenty-five paise.(8)Fees on payment of arrears after defaulters list has been drawn up. - [If the settlement-holder of a temporarily settled estate tenders payment of an arrear due from him after it has accrued payment shall be accepted on payment of the following fees [in cash or] [(Substituted for the old one by the Revenue Department Notification No. RR. 34/50/15, dated 23rd February, 1951)] in court-fee stamps to be affixed to the chalan tendering payment:(a)If paid before issue of process for recovery of the arrear, 50 paise penalty under Section 68(1).(b)If paid after issue of process for recovery of the arrear, Re 1 penalty under Section 68(1).(c)If paid after issue of sale proclamation, Re 1 fee under Section 75, in addition to the penalty under Section 68(1).Provided that, if the arrear does not exceed fifty paise the penalty leviable under clause (a) or clause (b) shall in no case exceed fifty paise.](9)Payment of land-revenue to the Tahsildar. - The proprietors of permanently-settled estate and the settlement-holders of temporarily-settled estates shall pay land-revenue to the Tahsildar of the tahsil within whose Jurisdiction their estates are situated. If an estate is situated within more than one tahsil, the Deputy Commissioner shall determine to which tahsil the revenue shall be payable:Provided that, if the revenue of any estate is not paid to a Tahsildar in sufficient time to admit of the fact of payment being reported to an officer proposing to sell such estate on accounted the non-payment of such revenue before the day fixed for the sale, payment must be made to the officer holding the sale or any person authorised to receive such revenue on his behalf.(10)Erection of notice boards. - (i) The Deputy Commissioner will cause to be created a sufficient number of notice-boards in convenient situations throughout the portions of the district which are permanently-settled Every such board will have a number painted on it, by which it will be known, and the Deputy Commissioner will cause to be prepared lists of the notice-boards situated in the subdivision, indicating approximately the situation of the same.The notice-boards will ordinarily be arranged parganawari, all the estates of one pargana will be pasted on one or more notice-boards in that pargana as may be thought necessary. The estates of two parganas will not ordinarily be pasted on one notice-board.(ii)The Deputy Commissioner, with the previous sanction of the Commissioner, may from time to time, alter the number and situation of notice-boards, but no such alteration will be made until two months' notice of the same has been given by a proclamation posted at the subdivisional office, and on each notice-board affected thereby.(iii)The original or a copy of every list of notice boards prepared and for the time being in force will be open to inspection by the public free of change in the same manner as the sale statement referred to in sub-rule. (4) of this rule.
