Section 8 in The Bengal Patni Taluks Regulation, 1819
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.]
