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Bengal Presidency - Act

The Bengal Patni Taluks Regulation, 1819

BENGAL PRESIDENCY
India

The Bengal Patni Taluks Regulation, 1819

Act 8 of 1819

Published on 3 September 1819
Commenced on 3 September 1819
[This is the version of this document from 3 September 1819.]
[Note: The original publication document is not available and this content could not be verified.]

The Bengal Patni Taluks Regulation, 1819Bengal Regulation 8 of 1819[3rd September, 1819.]A Regulation to declare the validity of certain tenures, and to define the relative rights of zamindars and patni talukdars; also to establish a process for the sale of such taluks, in satisfaction of the zamindar's demand of rent [****] [Words repealed by Act 12 of 1891.].

1. Preamble.

- By the rules of the perpetual settlement proprietors of estates paying revenue to Government, that is, the individuals answerable to Government for the revenue then assessed on the different mahals, were declared to be entitled to make any arrangements for the leasing of their lands in taluk or otherwise, that they might deem most conducive to their interests.By the rules of [Regulation 44, 1793] [Regn. 44 repealed by Act 29 of 1871.], however, all such arrangements were subjected to two limitations ; first, that the jama or rent should not be fixed for a period exceeding ten years ; and, secondly, that in case of a sale for Government arrears, such leases or arrangements should stand cancelled from the day of sale.The provisions of section 2, [Regulation 44, 1793] [Regn. 44 repealed by Act 29 of 1871.], by which the period of all fixed engagements for rent was limited to ten years, have been rescinded by section 2, Regulation 5, 1812, and in Regulation 18 of the same year, it is more distinctly declared that zamindars are at liberty to grant taluks or other leases of their lands, fixing the rent in perpetuity at their discretion, subject, however, to the liability of being dissolved on sale of the grantor's estate for arrears of the Government revenue in the same manner as heretofore.In practice, the grant of taluks and other leases at a rent fixed in perpetuity had been common with the zamindars of Bengal for some time before the passing of the two Regulations last mentioned, but, notwithstanding the abrogation of the rule which declared such arrangements null and void, and the abandonment of all intention or desire to have it enforced as a security to the Government revenue in the manner originally contemplated, it was omitted to declare in the rules of Regulations 5 and 18 of 1812, or in any other Regulations, whether tenures at the time in existence and held under covenants or engagements entered into by the parties in violation of the rule of section 2, Regulation 44, 1793, should, if called in question, be deemed invalid and void as heretofore.The point it has been deemed necessary to set at rest by a general declaration of the validity of any tenures that may be now in existence, notwithstanding that they may have been granted at a rent fixed in perpetuity, or for a longer term than ten years, while the rule fixing this limitation to the term of all such engagements, and declaring null and void any granted in contravention thereto, was in force.Furthermore, in the exercise of the privilege thus conceded to zamindars under direct engagements with Government, there has been created a tenure which had its origin on the estates of the Raja of Burdwan, but has since been extended to other zamindars ; the character of which tenure is that it is a taluk created by the zamindar, to be held at a rent fixed in perpetuity by the lessee and his heirs for ever ; the tenant is called upon to furnish collateral security for the rent, and for his conduct generally, or he is excused from this obligation at the zamindar's discretion ; but even if the original tenant be excused, still, in case of sale for arrears, or other operation leading to the introduction of another tenant, such new incumbent has always in practice been liable to be so called upon at the option of the zamindar.By the terms also of the engagements interchanged, it is amongst other stipulations provided that, in case of an arrear occurring, the tenure may be brought to sale by the zamindar, and, if the sale do not yield a sufficient amount to make good the balance of rent at the time due, the remaining property of the defaulter shall be further answerable for the demand.These tenures have usually been denominated patni taluks, and it has been a common practice of the holders of them to underlet on precisely similar terms to other persons, who on taking such leases went by the name of darpatni talukdars: these again sometimes similarly underlet to sepatnidars ; and the conditions of all the title-deeds vary in nothing material from the original engagements executed by the first holder.In these engagements, however, it is not stipulated whether the sale thus reserved to himself by the grantor is for his own benefit, or for that of the tenant, that is, whether, in case the proceeds of sale should exceed the zamindar's demand of rent, the tenant would be entitled to such excess; neither is the manner of sale specified, nor do the usages of the country nor the Regulations of Government afford any distinct rules by the application of which to the specific cases the defects above alluded to could be supplied or the points of doubt and difficulty involved in the omission be brought to determination in a consistent and uniform manner.The tenures in question have extended through several zilas of Bengal, and the mischiefs which have arisen from the want of a consistent rule of action for the guidance of the Courts of Civil Judicature in regard to them have been productive of such confusion as to demand the interference of the legislature: it has accordingly been deemed necessary to regulate and define the nature of property given and acquired on the creation of a patni taluk as above described, also to declare the legality of the practice of underletting in the manner in which it has been exercised by patnidars and others, establishing at the same time such provisions as have appeared calculated to protect the underlessee from any collusion of his immediate superior with the zamindar or other, for his ruin, as well as to secure the just rights of the zamindar on the sale of any tenure under the stipulations of the original engagements entered into with him.It has further been deemed indispensable to fix the process by which the said tenures are to be brought to sale, and the form and manner of conducting such sale ; andWhereas the estates of zamindars under engagements with Government are liable to be brought to sale at any time for an arrear in the revenue payable by monthly kists to Government, it has seemed just to allow any zamindar who may have granted tenure with a stipulation of the right to sell for arrears, the opportunity of availing himself of this means of realizing his dues in the middle of the year, as well as at the close, instead of only at the end of the Bengal year, as heretofore allowed by the Regulations in force; it has further been deemed equitable to extend this rule to all cases in which the right of sale may have been reserved, even though, in conformity with the Regulations heretofore in force, the stipulation for sale contained in the engagements interchanged may have restricted such sale to the case of a demand for rent remaining unpaid at the close of the Bengal year.[* * * * * * * * *] [Words 'It has been likewise deemed advisable to explain and modify some of existing rules for the collection of rents, with a view to render them more efficacious than at present as well as to provide against sundry means of evasion now resorted to by defaulters.' omitted by Act 12 of 1891.]The following rules have accordingly been enacted by His Excellency the Most Noble the Governor General in Council, to take effect from the date of their promulgation throughout the several districts of the Province of Bengal, including Midnapore.

2. Leases fixing rent in perpetuity or for more than ten years, valid, though executed while section 2, Regulation 44, 1793, was in force.

- It is hereby declared that any leases or engagements for the fixing of rent now in existence that may have been granted or concluded for a term of years or in perpetuity by a proprietor under engagements with [the Government] [Words 'the Crown', first substituted for the word 'Government' by the Government of India (Adaptation of Indian Laws) Order, 1937 and thereafter, the word 'Government' substituted for the word 'Crown' by the Adaptation of Laws Order, 1950.], or other person competent to grant the same, shall be deemed good and valid tenures, according to the terms of the covenants or engagements interchanged notwithstanding that the same may have been executed before the passing of Regulation 5, 1812, and while the rule of section 2, Regulation 44, 1793, which limited the period for which it was lawful to grant such engagements to ten years, and declared all that might be entered into for a longer term to be null and void, was in full force and effect ; and notwithstanding that the stipulations of the said leases may be in violation of the rule in question :Provided, however, that nothing herein contained shall be held to exempt any tenures held under engagements from proprietors of estates paying revenue to [the Government] [Words 'the Crown', first substituted for the word 'Government' by the Government of India (Adaptation of Indian Laws) Order, 1937 and thereafter, the word 'Government' substituted for the word 'Crown' by the Adaptation of Laws Order, 1950.] from the liability to be cancelled on sale of the said estates for arrears of the said revenue, [* * * * *] [Words and figures 'under the rule of section 5, Regulation 44 of 1793' omitted by Act 16 of 1874.] unless especially exempted from such liability by the rule in question, or by any other specific rule of the Regulations in force.

3. First. - Patni tenures declared valid transferable and answerable for debt.

- The tenures known by the name of patni taluks, as described in the preamble to this Regulation, shall be deemed to be valid tenures in perpetuity, according to the terms of the engagements under which they are held. They are heritable by their conditions : and it is hereby further declared that they are capable of being transferred by sale, gift or otherwise, at the discretion of the holder, as well as answerable for his personal debts, and subject to the process of the Courts of Judicature, in the same manner as other real property.Second. - Patnidar's right of under-letting. - Patni talukdars are hereby declared to possess right of letting out the lands composing their taluks in manner they may deem most conducive to their interest ; and any engagements so entered into by such talukdars with others shall be legal and binding between the parties to the same, their heirs and assignees :Provided, however, that no such engagements shall operate to the prejudice of the right of the zamindar to hold the superior tenure answerable for any arrear of his rent, in the estate in which he granted it, and free of all incumbrance resulting from the act of his tenant.Third. - Patni tenure not voidable for arrears. - In case of an arrear occurring upon any tenure of the description alluded to in the first clause of this section, it shall not be liable to be cancelled for the same ; [* * * * * *] [Words and figures 'under the rule contained in the seventh clause of section 15, Regulation 7, 1799, for leases conveying a limited interest in the land.' repealed by Act 16 of 1874.] but the tenure shall be brought to sale by public auction, and the holder of the tenure will be entitled to any excess in the proceeds of such sale beyond the amount of the arrear of rent due, subject, however, to the provisions contained in section 17 of this Regulation.[Fourth. - Subject to the provision of section 14A of this Regulation, an arrear of rent shall, notwithstanding anything contained in any other section of this Regulation or in any engagement between the zamindar and the talukdar whether entered into, before or after the commencement of the Bengal Patni Taluks Regulation (Amendment) Act, 1941, bear simple interest at the rate of six and a quarter per centum per annum from the expiration of that quarter of the agricultural year in which the instalment falls due to the date of payment or of sale of the tenure under this Regulation or of the institution of a suit for arrears of rent, whichever is earlier.Explanation. - The term 'agricultural year' has the same meaning as in clause (1) of section 3 of the Bengal Tenancy Act, 1885.] ['Fourth' clause with Explanation inserted by Bengal Act 10 of 1941.]

4. Inferior tenures under similar title-deeds confer similar interest to that provided for patni taluks in section 3.

- If the holder of a patni taluk shall have underlet in such manner as to have conveyed a similar interest to that enjoyed by himself, as explained in the preamble to this Regulation, the holder of such a tenure shall be deemed to have acquired all the rights and immunities declared in the preceding section to attach to patni taluks, in so far as concerns the grantor of such under-tenure.The same construction shall also hold in the case of patni taluks of the third or fourth degree.

5. Zamindar not to refuse to give effect to transfer; but may demand fee, and security.

- The right of alienation having been declared to vest in the holder of a patni taluk, it shall not be competent to the zamindar or other superior to refuse to register, and otherwise to give effect to such alienation's, by discharging the party transferring his interest from personal responsibility, and by accepting the engagements of the transferee.In conformity, however, with established usage, the zamindar or other superior shall be entitled to exact a fee upon every such alienation ; and the rate of the said fee is hereby fixed at two per cent, on the jama or annual rent of the interest transferred, until the same shall amount to one hundred rupees which sum shall be the maximum of any fee to be exacted on this account.The zamindar shall also be entitled to demand substantial security from the transferee or purchaser, to the amount of half the jama or yearly rent payable to him from the tenure transferred ; the condition of furnishing such security on requisition being understood to be one of the original liabilities of the tenure.The above rules shall apply equally to the case of a sale made in execution of a decree or judgment of Court, as to all other alienations, but it shall not apply to the case of sale for an arrear in the rent due to the zamindar or other superior, under the rules hereinafter contained.The purchaser at such a sale shall be entitled to have his name registered and to obtain possession without fee, though of course liable to be called on to give security under the conditions of the tenure purchased :[Provided that, notwithstanding anything contained in this Regulation, the provisions relating to security shall not, after the commencement of the the Bengal Patni Taluks Regulation (Amendment) Act, 1940, apply to the transfer of a patni taluk or a share or a portion thereof] [Proviso inserted by Bengal Act 15 of 1940.].

6. zamindar may refuse sanction to transfer till fee and security tendered

. - It shall be competent to the zamindar or other superior to refuse the registry of any transfer until the fee above stipulated be paid, and until substantial security to the amount specified be tendered and accepted :Provided, however, that if the security tendered by any purchaser or transferee should not be approved by the zamindar, and the party tendering it shall be dissatisfied with such rejection, he shall be competent to appeal therefrom by petition or common motion in the Civil Court of the district, which authority, if satisfied of the sufficiency of the security tendered, shall issue an injunction on the zamindar to accept it and give effect to the transfer without delay.[It is hereby provided that the rules of section 5 relating to fee for alienation shall be held to apply to transfers of any fractional portion of or the entire interest in, a patni taluk.] [Portion substituted by Bengal Act 15 of 1940.]

6A. [ Separate accounts. [Section 6A inserted by Bengal Act 15 of 1940.]

(1)If a person who holds a share or a portion of a patni taluk desires to pay his share of the rent to the zamindar separately he may submit to the Collector a written application to that effect containing such particulars as may be prescribed by rules made by the [State] Government in this behalf.The Collector shall then cause a copy of such application to be served or published in such manner as may be prescribed by rules made by the [State] [Word substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government.

(2)In the event of no objection being received by the Collector from any co-sharer of the applicant or from the zamindar or any of his co-sharers within six weeks from the time of service or publication of the copy of application under sub-section (1) whichever is later, the Collector shall direct the zamindar or zamindars to open a separate account in the name of the applicant to which all payments made by him shall be credited separately to his share. The date on which the Collector directs the opening of a separate account shall be held to be that from which the separate liabilities of the share of the applicant commence.

(3)If any of the co-sharers of the applicant or the zamindar or any of his co-sharers object that the applicant has no right to the share claimed by him, or that his interest in the patni taluk is less or other than that claimed by him, or if the application be in respect of a specific portion of the land of a taluk, that the amount of rent stated by the application to have been heretofore paid on account of such portion of land is not the amount which has been recognized by the other sharers as the rent thereof, the Collector shall refer the parties to the civil court and shall suspend proceedings until the question at issue is judicially determined.

(4)

(a)Whenever a separate account shall have been ordered to be opened in respect of a share or a portion of a patni taluk under sub-section (2), or

(b)whenever a patni taluk shall have been divided or the rent payable in respect thereof shall have been distributed under section 6B,

if the taluk shall become liable for sale for arrears of rent, only that share or portion of such taluk shall be put up for sale in respect of which the arrear of rent may be due.

(5)In the advertisement of sale, notice of intention to exclude the share or portion of the patni taluk from which no arrear of rent is due shall be given. The share or portion of the taluk sold, together with the share or portion excluded from the sale, shall continue to constitute one integral taluk, the share or portion sold being charged with the separate portion of the rent assigned thereto.

(6)If in the case of a sale according to sub-section (5) the highest offer for the share or portion offered for sale is not equal to the amount of arrears of rent for which it was advertised for sale and the subsequent arrears of rent due thereon up to the date of sale, the sale shall be stopped and a notice that the entire patni taluk shall be put up for sale for such arrears shall be sent to all co-sharers of the tenant in such manner as may be prescribed by rules to be made by the [State] [Word substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government.On the twenty-first day from the service of notice on the co-sharers of the tenant, the entire patni taluk shall be put up for sale for the arrears, unless any other co-sharer of the tenant shall, within fifteen days, have purchased the share or portion in arrear by paying the whole of the arrears of rent for which it was advertised for sale and the subsequent arrears of rent due thereon or the tenant pays up the whole of such arrears within the said fifteen days :Provided that, if a zamindar omits to avail himself of the means provided by this Regulation for realisation of any arrears of rent due in respect of a share or a portion of a patni taluk, he shall not be entitled to put up for sale under this Regulation the entire patni taluk for recovery of such arrears.

(7)If such purchase is completed, the officer making the sale shall give a certificate of sale and delivery of possession, and if no such purchase is made within fifteen days, the entire taluk shall be sold in the manner referred to in section 14 of the Bengal Land-revenue Sales Act, 1859.]

6B. [ Distribution of rent or partition of patni taluk. [Section 6B inserted by Bengal Act 15 of 1940.]

- Notwithstanding anything contained in any other Act -

(a)the provisions of section 88 of the Bengal Tenancy Act, 1885, shall apply mutatis mutandis, to the distribution of rent payable in respect of a patni taluk with the substitution of the words "fifty rupees" for the words "two rupees" in the proviso (b) to sub-section (2) of the said section ;

(b)it shall be optional for every co-sharer proprietor of a joint undivided patni taluk either to institute a suit in a competent civil court for partition of such taluk or to partition such taluk according to the provisions of the Estates Partition Act, 1897, which Act shall apply mutatis mutandis to such partition.]

7. Upon public sale, if security not tendered within one month, zamindar may attach.

- Repealed by Bengal Act 15 of 1940.

8. First. - Zamindars allowed sales of tenures, in which right to sell for arrears is reserved.

- Zamindars, that is, proprietors under direct engagements with the [Government] [Word 'Crown' first substituted for the word 'Government' by the Government of India (Adaptation of Indian Laws) Order, 1937, and thereafter the word 'Government' substituted for the word 'Crown' by the Adaptation of Laws Order, 1950.], shall be entitled to apply in the manner following for periodical sales of any tenures upon which the right of selling or bringing to sale for an arrear of rent may have been specially reserved by stipulation in the engagements interchanged on the creation of the tenure.The exercise of this power shall not be confined to cases in which the stipulation for sale may have been unrestricted in regard to time, but shall apply equally to tenures held under engagements stipulating merely for a sale at the end of the year, in conformity with the practice heretofore allowed by the Regulations in force.Second. - First sale to be applied for on first of Baisakh. - On the first day of Baisakh, that is, at the commencement of the following year from that of which the rent is due, the zamindar shall present a petition [* * * * * *] [Words 'to the Civil Court of the district, and a similar one,' omitted by Act 16 of 1874.] to the Collector, containing a specification of any balances that may be due to him on account of the expired year, from all or any talukdars or other holders of an interest of the nature described in the preceding clause of this section.The same shall then be stuck up in some conspicuous part of the cutcherry with a notice that, if the amount claimed be not paid before the first of Jeth following, the tenures of the defaulter will on that day be sold by public sale in liquidation.Should, however, the first of Jeth fall on a Sunday or holiday, the next subsequent day, not a holiday, shall be selected instead ; a similar notice shall be stuck up at the sadar cutcherry of the zamindar himself, and a copy or extract of such part of the notice as may apply to the individual case shall be by him sent to be similarly published at the cutcherry or at the principal town or village upon the land of the defaulter.The zamindar shall be exclusively answerable for the observance of the forms above prescribed, and the notice required to be sent into the mufassal shall be served by a single peon, who shall bring back the receipt of the defaulter, or of his manager for the same, or, in the event of inability to procure this, the signatures of three substantial persons residing in the neighbourhood, in attestation of the notice having been brought and published on the spot.If it shall appear from the tenor of the receipt or attestation in question that the notice has been published at any time previous to the fifteenth of the month of Baisakh it shall be sufficient warrant for the sale to proceed upon the day appointed.In case the people of the village should object or refuse to sign their names in attestation, the peon shall go to the cutcherry of the nearest munsif, or if there should be no munsif to the nearest thana, and there make voluntary oath of the same having been duly published ; certificate to which effect shall be signed and sealed by the said officers and delivered to the peon.[The zamindar shall also send by registered post to all defaulters a copy of, or an extract from, the notice containing a specification of any balances that may be due to him on account of the rent of the expired year and other particulars mentioned in this section.] [This portion added by Bengal Act 15 of 1940.]Third. - Mid-year sale to be applied for on first of Kartik. - On the first day of Kartik in the middle of the year, the zamindar shall be at liberty to present a similar petition, with a statement of any balances that may be due on account of the rent of the current year, up to the end of the month of Aswin, and to cause similar publication to be made of a sale of the tenures of defaulters, to take place on the first of Aghan, unless the whole of the advertised balance shall be paid before the date in question, or so much of it as shall reduce the arrear, including any intermediate demand for the month of Kartik, to less than one-fourth or a four-anna proportion of the total demand of the zamindar, according to the kistbandi, calculated from the commencement of the year to the last day of Kartik.[The zamindar shall send by registered post to all defaulters a copy of, or an extract from, the notice containing a specification of any balance that may be due to him on account of the rent of the current year up to the end of the month of Aswin, and other particulars mentioned in this section.] [This portion inserted by Bengal Act 15 of 1940.][Fourth. - Where the zamindar is satisfied that there is reason to believe that the defaulter is keeping out of the way for the purpose of avoiding service of a notice or document under this section or that for any other reason the notice or document cannot be served in the ordinary way, he may cause it to be served by affixing the same in some conspicuous part of the house (if any) in which the defaulter is known to have last resided or carried on business or personally worked for gain.Service by the above mentioned method shall be as effectual as if it had been made on the defaulter personally.] [Clauses 'Fourth' and 'Fifth' inserted by Bengal Act 15 of 1940.][Fifth. - The name and address given in a notice of succession or transfer of a patni taluk or a share or a portion thereof under section 17A shall be presumed to be the correct name and address of the person succeeding to, or transferee of such taluk until fresh notice under that section has been given on a subsequent date or until a change of the address has been notified to the zamindar by registered post not later than 1st day of Chaitra or the 1st day of Aswin immediately preceding the date of sale fixed under this section.] [Clauses 'Fourth' and 'Fifth' inserted by Bengal Act 15 of 1940.]

9. Sales how conducted.

- All sales of saleable tenures applied for under the rules of this Regulation shall be made in public cutcherry, [* * * * * *] [Words 'by the Registrar or acting Registrar of Civil Court, or, in his absence, by the person in charge of the office of Judge or of Magistrate of the district within which the lands may be situated.'omitted by Act 16 of 1874.]the land shall be sold to the highest bidder, and every one, not the actual defaulter, shall be free to bid, not excepting the person in satisfaction of whose demand the sale may be made, nor the under-tenants of the defaulter; fifteen percent, of the purchase-money shall be paid immediately the lot is knocked down, and the officer conducting the sale shall be competent to refuse to accept a bid, or to knock down a lot to any bidder, unless he has assurance to his satisfaction that the amount required to be deposited is in hand for the purpose, or will be produced within two hours.If the fifteen per cent, be not paid in cash, or in [currency-notes] [Words substituted for the words 'notes of the Bank of Bengal' by Act 1 of 1903.], within two hours of the sale, or an equivalent amount in Government securities be not lodged, the lot shall be re-sold on the same day, and, if the remainder of the purchase-money be not paid by noon of the eighth day notice shall be given of re-sale on the following day, that is, on the ninth from the first sale, by proclaiming the same by beat of drum through the bazar of the sadar station of the zila, after which the lot shall be re-sold at the appointed time at the risk of the first purchaser, who shall forfeit the advance of fifteen per cent already made, [* * * * * *] [Words and brackets '(which shall be in such case regarded as part of the proceeds of the sale),'omitted by Act 25 of 1850.] and be further answerable for any sum in which the proceeds of the second sale may fall short of the antecedent one; such deficiency to be levied by the process for the execution of decrees of the Civil Courts.

10. Forms to be observed in selling.

- At the time of the sale the notice previously stuck up in the cutcherry shall be taken down, and the lots be called up successively in the order in which they may be found in that notice.A person shall attend on the part of the zamindar, with a particular statement of the payments made up to the day of sale, on account of the balance of each advertised lot, together with the receipt for, or certificate of, the notice directed to be published in the mufassal, nor shall any lot be put up to sale until the statement produced shall have been inspected, and the existence of a balance for the year ascertained therefrom, nor until the receipt for the notice shall have been read ; the observance of which forms shall be recorded in a separate rubakari to be held upon each lot sold.If the sale be of the description provided for in the third clause of section 8 of this Regulation, the kistbandi of the defaulter shall likewise be produced, in order that it may be seen that the balance remaining unpaid exceeds a four-anna proportion of the demand up to the date of sale; nor shall the sale take place unless this be ascertained.The zamindar shall be exclusively responsible for the correctness and authenticity of the papers to be thus exhibited, nor shall the public officer making the sale be answerable in any respect, except for its fairness and publicity, and for the observance of the rules prescribed for his guidance in this Regulation.

11. First. - Tenure to be sold free of incumbrance by act of defaulter.

- It is hereby declared that any taluk or saleable tenure that may be disposed of at a public sale, under the rules of this Regulation, for arrears of rent due on account of it, is sold free of all incumbrances that may have accrued upon it by act of the defaulting proprietor, his representatives or assignees, unless the right of making such incumbrances shall have been expressly vested in the holder by a stipulation to that effect in the written engagements under which the said taluk may have been held.No transfer by sale, gift or otherwise, no mortgage or other limited assignment, shall be permitted to bar the indefeasible right of the zamindar to hold the tenure of his creation answerable, in the state in which he created it for the rent, which is in fact his reserved property in the tenure, except the transfer or assignment should have been made with a condition to that effect, under express authority obtained from such zamindar.Second. - No under-lease to stand after sale. - In like manner, on sale of a taluk for arrears, all leases originating with the holder of the former tenure, if creative of a middle interest between the resident cultivators and the late proprietor, must be considered to be cancelled except the authority to grant them should have been specially transferred ; the possessors of such interests must consequently lose the right to hold possession of the land and to collect the rents of the raiyats ; this having been enjoyed merely in consequence of the defaulter's assignment of a certain portion of his own interest, the whole of which was liable for the rent.Third. - Exception in favour of bona fide engagements with raiyats. - Provided, nevertheless, that nothing herein contained shall be construed to entitle the purchaser of a taluk or other saleable tenure intermediated between the zamindar and actual cultivators to eject a khudkast raiyat or resident and hereditary cultivator, nor to cancel bona fide engagements made with such tenants by the late incumbent or his representative, except it be proved in regular suit, to be brought by such purchaser for the adjustment of his rent, that a higher rate would have been demandable at the time such engagements were contracted by his predecessor.

12. Above rule to take effect retrospectively.

- The rules of the preceding section, being declaratory of the principle to be observed on all occasions wherein saleable tenures are made responsible for the zamindar's reserved rent, will equally apply to the case of taluks, heretofore sold, as to those that may be sold henceforward, if the sale shall have been fair, and the process observed in conducting it shall have been that recognised and in use in the district at the time of selling.Proviso. - Nothing, however, herein contained shall operate to the prejudice of any agreement, express or implied, now subsisting between the purchaser of a taluk and the lessees of his predecessor.Rules not to apply to private transfers. - Neither shall the rule for the fall of under-tenures be considered to apply to any private transfer by a talukdar of his own interest, nor to a public sale in execution of a decree, nor to the case of a relinquishment by the talukdar in favour of the zamindar, nor to any act originating with the former holder, other than default as aforesaid : all such operations involve only a transfer of the tenure in the state in which it may be held at the time, and the new incumbent succeeds to no more than the reserved rights of the former tenant, such as they may be, and is of course subject to any restriction put upon the tenure by his act.

13. First. - Reason for allowing under-tenants means of staying sale.

- With reference to the injury that may be brought upon the holder of a taluk of the second degree by the operation of the preceding rules, in case the proprietor of the superior tenure purposely withholds the rent due from himself to the zamindar after having realised his own dues from the inferior tenantry, it is deemed necessary to allow such talukdars the means of saving their tenures from the ruin that must attend such a sale ; and the following rules have accordingly been enacted for this purpose.Second. - How under-tenants may stay sale. - Whenever the tenure of a talukdar of the first degree may be advertised for sale in the manner required by the second and third clauses of section 8 of this Regulation, for arrears of rent due to the zamindar, the talukdars of the second degree, or any number of them, shall be entitled to stay the final sale, by paying into Court the amount of balance that may be declared due by the person attending on the part of the zamindar on the day appointed for sale, in like manner they shall be entitled to lodge money antecedently, for the purpose of eventually answering any demand that may remain due on the day fixed for the sale, and, should the amount lodged be sufficient, the sale shall not proceed, but, after making good to the zamindar the amount of his demand, any excess shall be paid back to the person or persons who may have lodged it.Third. - Procedure in case of amount lodged being rent due from under-tenant;. - If the amount so lodged shall be rent due by the inferior talukdar to the holder of the advertised tenure, the same shall be stated at the time of making the deposit, and the amount shall be carried to the account of the tenant or tenants lodging it, and be deducted from any claim of rent that may at the time be pending, or be thereafter brought forward against him or them by the proprietor of the advertised tenure, on account of the year or months for which the notice of sale may have been published.Fourth. - And in case of amount lodged being advance from private funds. - If the person or persons making such a deposit, in order to stay the sale of the superior tenure, shall have already paid the whole of the rent due from himself or themselves, so that the amount lodged is an advance from private funds, and not a disbursement on account of the said rent, such deposit shall not be carried to credit in, or set against, future demands for rent, but shall be considered as a loan made to the proprietor of the tenure preserved from sale by such means, and the taluk so preserved shall be the security to the person or persons making the advance, who shall be considered to have a lien thereupon, in the same manner as if the loan had been made upon mortgage ; and he or they shall be entitled, on applying for the same, to obtain immediate possession of the tenure of the defaulter, in order to recover the amount so advanced from any profits belonging thereto.If the defaulter shall desire to recover his tenure from the hands of the person or persons who, by making the advance may have acquired such an interest therein, and entered on possession in consequence, he shall not be entitled to do so, except upon repayment of the entire sum advanced, with interest at the rate of twelve per cent, per annum up to the date of possession having been given as above, or upon exhibiting proof, in a regular suit to be instituted for the purpose, that the full amount so advanced, with interest, has been realised from the usufruct of the tenure.[Fifth. - When any person whose interests are affected by the sale of a patni taluk or a share or a portion thereof advertised for sale under this Regulation pays to the Collector the amount requisite to prevent the sale -

(a)the amount so paid by him shall be deemed to be a debt bearing interest at twelve per centum per annum and secured by a mortgage of the taluk or a share or a portion thereof to him ;

(b)his mortgage shall take priority of every other charge on the taluk or a share or a portion thereof other than a charge for arrears of rent; and

(c)he shall be entitled to possession of the taluk or a share or a portion thereof as mortgagee of the talukdar, and to retain possession of it as such until the debt, with the interest due thereon, has been discharged.

Nothing in this clause shall affect any other remedy to which any such person would be entitled.] [Clause 'Fifth' inserted by Bengal Act 15 of 1940.][Sixth. - When a patni taluk or a share or a portion thereof is advertised for sale under this Regulation, for arrears of rent owing to the default of a superior talukdar, and an inferior talukdar pays money to the Collector in order to prevent the sale such inferior talukdar may, in addition to any other remedy provided for him by law, deduct the whole or any portion of the amount so paid from any rent payable by him to his immediate landlord, and that landlord, if he is not the defaulter may, in like manner, deduct the amount so deducted, from any rent payable by him to his immediate landlord and so on until the defaulter is reached.] [Clause 'Sixth' inserted by Bengal Act 15 of 1940.]

14. First. - Sale not to be stayed unless arrear claimed be lodged. But suit to lie for its reversal.

- Should the balance claimed by a zamindar on account of the rent of any under-tenure remain unpaid upon the day fixed for the sale of the tenure, the sale shall be made without reserve, in the manner provided for in sections 9 and 10 of this Regulation; nor shall it be stayed or postponed on any account, unless the amount of the demand be lodged.It shall, however, be competent to any party desirous of contesting the right of the zamindar to make the sale, whether on the ground of there having been no balance due or on any other ground, to sue the zamindar for the reversal of the same, and, upon establishing a sufficient plea, to obtain a decree with full costs and damages.The purchaser shall be made a party in such suits, and, upon decree passing for reversal of the sale, the Court shall be careful to indemnify him against all loss, at the charge of the zamindar or person at whose suit the sale may have been made:[Provided that, notwithstanding anything contained in this Regulation the right of the zamindar to make the sale shall not be stopped by any party, nor shall the sale be reversed solely, on the ground that a notice or other document mentioned in section 8 was not served personally on the defaulters or any of them] [Proviso inserted by Bengal Act 15 of 1940.].Second. - Defaulter may apply for summary investigation. - In cases also in which a talukdar may contest the zamindar's demand of any arrear, as specified in the notice advertised, such talukdar shall be competent to apply for a summary investigation at any time within the period of notice ; the zamindar shall then be called upon to furnish his kabuliyat and other proofs at the shortest convenient notice, in order that the award may, if possible, be made before the day appointed for sale.Sale not to be stayed unless amount claimed be deposited. - Such award, if so made, will of course regulate the ulterior process ; but, if the case be still pending, the lot shall be called up in its turn, notwithstanding the suit; and, if the zamindar or his agent in attendance insist on the demand, the sale shall be made on his responsibility, nor shall it be stayed, or the summary suit be allowed to proceed, unless the amount claimed be lodged in cash, or in Government securities, or in [currency notes] [Words substituted for the words 'notes of the Bank of Bengal' by Act 1 of 1903.], by the talukdar contesting the demand ; and if such deposit be not made, the alleged defaulter will have no remedy but by a regular action for damages and for a reversal of the sale [unless he makes an application under section 14A.] [Words, figures and letter inserted by Bengal Act 4 of 1933.][Third. - Any talukdar shall be entitled to stay the sale of his patni taluk or of a share or a portion thereof before the sale of such taluk, share or portion actually takes place by paying to the officer conducting the sale the amount of arrears of rent for which it was advertised for sale] [Clause 'Third' inserted by Bengal Act 15 of 1940.]

14A. [ First. - Procedure for setting aside sale. [Section 14A inserted by Bengal Act 4 of 1933.]

- It shall be competent to a defaulting patnidar of a patni taluk or a defaulting holder of a tenure sold under this Regulation or to a talukdar or tenure-holder of the second degree of such taluk or tenure or to a person holding an interest in such taluk or tenure in virtue of a title acquired before the sale of the taluk or tenure or to a person having a mortgage on such taluk or tenure to apply to the Collector to have the sale set aside on the applicant depositing with the Collector within thirty days from the date of sale, or, if the taluk or tenure has been resold, within thirty days from the date of the original sale -

(a)a sum of money equal to one per cent, of the purchase money, for payment to [the State Government] for the purposes specified in the second clause of section 17,

(b)a sum of money equal to the amount on account of which the sale has been made together with interest [up to the date of deposit] [Words inserted by Bengal Act 15 of 1940.] and all charges incurred in bringing the taluk or tenure to sale, for payment to the zamindar, and

(c)a sum of money equal to five per cent, of the purchase money and in no case less than one rupee for payment to the purchaser.

On receipt of an application to set aside the sale the Collector shall serve a notice on the zamindar and the auction purchaser fixing a date for hearing the same.]Second. - No application shall be entertained under this section if the applicant has instituted a suit in the Civil Court to set aside the sale unless he first withdraws such suit.Third. - No application shall be allowed under this section without the consent of the zamindar if the defaulting talukdar or tenure-holder is liable or has agreed to pay on behalf of the zamindar any revenue or cess due to [the State Government] [Words 'the Provincial Government' first substituted for the words 'Government' by the Government of India (Adaptation of Indian Laws) Order, 1937, and thereafter the word 'State' substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] from the zamindar and such revenue or cess has not been paid to [the State Government] [Words 'the Provincial Government' first substituted for the words 'Government' by the Government of India (Adaptation of Indian Laws) Order, 1937, and thereafter the word 'State' substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] or deposited in Court before the date fixed for the hearing of the application.Fourth. - If no objection is made by the zamindar or the auction purchaser on the date fixed for the hearing of the application or on any subsequent date to which the hearing may be adjourned and the deposit required by the first clause of this section has been made within thirty days from the date of the sale, the Collector shall allow the application and make an order setting aside the sale, and shall pass orders for the disposal of the money deposited by the applicant and the refund of the purchase money.Fifth. - If any objection is made by the zamindar or auction purchaser the Collector shall refer the application together with the objection to the nearest Civil Court having jurisdiction and such Civil Court shall decide whether the applicant is entitled under this section to have the sale set aside, and shall either dismiss the application or make an order setting aside the sale, and shall pass such further orders regarding the disposal of the money deposited by the applicant, the refund of the purchase money, the payment of costs or any other matter arising out of the application as it thinks fit.The Civil Court may, at its discretion, make suitable arrangements for protection of the taluk or tenure but the patnidar or tenure-holder shall be allowed to remain in possession if he pays to the Court in advance six months' rent payable by him for such patni or tenure or gives security for one year's rent to the satisfaction of the Court. If such payment is not made or security is not given the Court may appoint a receiver for the patni or tenure.Sixth. - The Civil Court may direct that any sum in deposit with the Collector under the first or third clause of this section shall be invested pending decision of the application by the Civil Court and thereupon the Collector shall remit the said sum to the Civil Court for investment.Seventh. - Notwithstanding anything contained in this section the zamindar may, at any time after the sale-proceeds have been deposited under section 9, if such sale-proceeds are still in deposit and the sale has not been set aside, withdraw therefrom an amount equal to the amount on account of which the sale was made or the whole amount of the sale-proceeds less the one per cent, due to [the State Government] [Words 'the Provincial Government' first substituted for the words 'Government' by the Government of India (Adaptation of Indian Laws) Order, 1937, and thereafter the word 'State' substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.], whichever is less, and if the sale is thereafter set aside by the Collector or the Civil Court under this section an amount equal to the amount so withdrawn by the zamindar shall be paid out of the deposit made by the applicant under sub-clause (b) of the the first clause of this section to the auction purchaser instead of to the zamindar.[Eighth. - The provisions of this section shall apply to the setting aside of the sale of a share or portion of a patni taluk whenever a separate account shall have been ordered to be opened in respect of such share or portion under section 6A.] [Clause 'Eighth' inserted by Bengal Act 15 of 1940.]

15. First. - Delivery of possession to purchaser.

- [On the expiry of thirty days from the date of any sale made under this Regulation, or if there has been a resale within thirty days of the original sale if the entire amount of the purchase money has been paid by the purchaser, and if no application under section 14A to set aside the sale is pending] [Words substituted by Bengal Act 4 of 1933.], such purchaser shall receive from the officers conducting the sale a certificate of such payment.The purchaser shall then proceed with the certificate in question to procure a transfer to his name in the cutcherry of the zamindar, and upon furnishing security, if required, to the extent of half the jama or annual rent, he shall receive the usual 'amaldustauk' or order for possession, together with the notice to the raiyats and others to attend and pay their rents henceforward to him.The zamindar shall also be bound to furnish access to any papers connected with the tenure purchased that may be forthcoming in his cutcherry; and should he in any manner delay the transfer in his office, or refuse to give the orders for possession, notwithstanding that good and substantial security shall have been furnished or tendered on requisition, the new purchaser shall be entitled to apply direct to the Court, and he shall receive the orders for possession, and shall be put in possession, of the lands by means of the nazir, in the same manner as possession is obtained under a decree of Court :Provided, however, that, if the delay be on account of the zamindar's contesting the sufficiency of the security tendered, the rule contained in section 6 of this Regulation shall be observed.Second. - Procedure in case of opposition to purchaser. - When the new purchaser shall proceed to take possession of the lands of his purchase, if the late incumbent himself or the holders of tenures or assignments derived from the late incumbent, and intermediate between him and the actual cultivators, shall attempt to offer opposition, or to interfere with the collections of the new purchaser, from the lands composing his purchase, the latter shall be at liberty to apply immediately to the Civil Court for the aid of the public officers in obtaining possession of his just rights.A proclamation shall then issue, under the seal of the Court and signature of the Judge declaring that the new incumbent having, by purchase at a sale for arrears of rent due to the zamindar, acquired the entire rights and privileges attaching to the tenure of the late talukdar, in the state in which it was originally derived by him from the zamindar, he alone will be recognised as entitled to make the zamindar collections in the mufassal, and no payments made to any other individual will on any account be credited to the raiyats or others in any [* * * * *] [Word 'summary' omitted by Act 16 of 1874.] suit for rent [* * * * *] [Words and figures 'brought under the provisions of section 15. Regulation 7, 1799, or In any application to stay process by distraint, under the rules of Regulation 5, 1812' repealed by Act 16 of 1874.] or on any other occasion whatever when the same may be pleaded.Third. - Procedure in case of continued opposition. - Should the late incumbent or his late under-tenants continue to oppose the entry of the new purchaser, notwithstanding the issuing of such a proclamation, or should there be reason to apprehend a breach of the peace on the part of any one, the aid of the police-officers and of all other public officers who may be at hand and capable of affording assistance shall be given to the new purchaser, on his presenting a written application for the same ; and in the event of any affray or breach of the peace occurring, the entire responsibility shall rest with the party opposing the lawful attempt of the purchaser to assume his rights.

16. Sale of under-tenures for arrears.

- Repealed by Bengal Act 8 of 1865.

17. First. - Disposal of proceeds of sales.

- The following rules have been enacted for the disposal of the proceeds of any sale made under the rules of this Regulation.Second. - Deduction on account of State Government. - One per cent, shall first be deducted from the net proceeds realised, and shall be carried to the account of the [State Government] [Words 'Provincial Government' first substituted for the words 'Government' by the Government of India (Adaptation of Indian Laws) Order, 1937, and thereafter the word 'State' substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.], for the purpose of meeting the expense of any extra establishments which it may be necessary to maintain for carrying into effect the provisions of this Regulation.Third. - Payment to zamindars. - The balance on account of which the sale may have been made shall next be made good in full (with interest and all charges incurred in bringing the taluk to sale) to the zamindar or other person to whom the same may be due :Provided, however, that no former balances, beyond those of the current year (or of that immediately expired, if the sale be at the commencement of the following year), shall be included in the demand to be thus satisfied. Such antecedent balances, if the zamindar shall have omitted to avail himself of the process within his reach for having them satisfied at the time, will have become in fact mere personal debts of the individual talukdar, and must be recovered in the same way as other debts by a regular suit in the Court.[The [(State)] [Portion of words inserted by Bengal Act 15 of 1940.] Government may prescribe by rules the amount of charges incurred by the zamindar in bringing a taluk to sale under this Regulation.]Fourth. - Disposal of remainder. - Any excess that may remain after satisfying the demand of the zamindar, in the manner above described, shall be forthwith sent by the officer conducting the sale to the treasury of the Collector or Assistant Collector of the district, to be there held in deposit to answer the claims of the talukdars of the second degree, or of others, who, by assignments of the defaulter, may be at the time in possession of a valuable interest on the land composing the taluk sold, or on any part of it.Fifth. - Under-tenants free to prosecute for price of their interest or compensation. - It shall be competent to any one conceiving himself to possess such an interest to bring forward his claim to the price he may have paid for the same, or for a just compensation for the loss sustained by him in consequence of the sale, by instituting a regular suit at any time within two months from the date of sale.If the Court shall, on investigation, consider the plaintiffs claim to be an equitable one, the Court wilt award to the claimant either the price he may have originally paid, or the value of the interest at the time of sale, or any other amount that may be deemed just and equitable under all the circumstances.If there be more claimants than one, payment shall not be made from the deposit until the whole of the claims be settled ; and, in case the value assessed upon the whole should exceed the amount in deposit, such amount shall be divided proportionately, and the remainder stand as a personal debt against the defaulter, to be realised from him by the usual process for the execution of decrees.Sixth. - Suit not to lie if under-tenant be himself in arrear at time of sale. - Provided, however, that no talukdar of the second degree or other possessor of an assigned interest upon the land of the tenure sold, who may be holding under a stipulation for the payment of an annual amount in the way of rent, shall be entitled to recover compensation for the loss of such tenure or assignment upon its becoming cancelled by sale of the superior taluk, except after exhibiting proof that the whole amount of the rent demandable from himself has been paid or lodged for the purpose prior to the date of sale.Seventh. - When defaulter to receive excess unclaimed. - Should no claims upon the purchase-money of a taluk sold as above be brought forward by any under-tenants or assignees within the period of two months from the date of sale, or should the amount claimed by those who may have sued not equal the entire deposit, the defaulter whose tenure may have been sold shall be at liberty to petition the Court for the amount so held in deposit, or for the excess thereof, as the case may be, and he shall receive a certificate under the seal of the Court, of there being no claims to afford ground of detention for the whole or any part of the deposit ; and, upon exhibiting such certificate to the Collector the amount set free thereby shall be to his receipt.In the same manner, upon executing a decree passed in favour of any under-tenants or assignees, they shall receive certificates under the seal of the Court, declaring the amount adjudged to them out of the deposit ; and upon exhibiting these certificates the amount shall be paid severally to their, receipts by the Collector.Eighth. - Substitution of State Government securities for cash in deposit. - [(1) It shall be competent to any party interested in a deposit to withdraw the whole or any part thereof on substituting [the State Government] [Clause 'Eighth' renumbered as para (1) of the clause by Ben. Act 17 of 1936.] securities, bearing interest, in lieu of the money so held in deposit ; such securities to be taken at the rate of discount or premium of the day [*****] [Word 'as shown by the Government Gazette last received' omitted by Act 1 of 1903.].]

(2)[ On the application of any of the parties to any suit relating to the sale of a taluk or the disposal of purchase-money of the taluk sold, the Civil Court may direct that any sum held in deposit under the fourth clause of this section shall be invested pending the further orders of the Court, and thereupon the Collector shall remit the said sum to the Court for investment.] [Para (2) of clause 'Eighth' inserted by Bengal Act 17 of 1936.]

17A. [ Registration of names of successors to, and transferees of, patni taluks. [Section 17A inserted by Bengal Act 15 of 1940.]

- When succession to or transfer by sale, gift or otherwise of a patni taluk takes place, or in case of succession or transfer taking place before the commencement of the Bengal Patni Taluks Regulation (Amendment) Act, 1940, within one year from the date of such commencement, the person succeeding or the transferee, as the case may be, shall give notice of the succession or transfer and of his name and address to the Collector in such form, as may be prescribed by the [State] Government.He shall also pay to the Collector such fee for the service of the notice on the zamindar as may be specified by the [State] [Word substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government.The Collector shall cause the notice to be served on the zamindar named in the notice or his common agent, if any, in such manner as may be prescribed by rules to be made by the [State] [Word substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government :Provided that, where at the instance of the person succeeding, mutation is made in the rent-roll of the zamindar within six months of the succession, the person succeeding shall not be required to give notice under this section.A person becoming entitled to a patni taluk by succession or by transfer shall not be entitled to receive by registered post the notices referred to in clauses second and third of section 8, unless the duties imposed upon him by this section have been performed.In this section the words "person succeeding", "transferee", "purchaser" and "the person becoming entitled to a patni taluk by succession or by transfer" include the successors-in-interest of such persons, but do not include the zamindar where he is the sole zamindar.This section shall apply to the transfer or succession to a share or a portion in a patni taluk.]

18. Rules regarding attachment of land of defaulter.

- Repealed by Bengal Act 10 of 1859.

19. Summary process against person of defaulter.

- Repealed by Bengal Act 10 of 1859.

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