Section 11 in The Bengal Land-Revenue Sales Act, 1868
11. [ Power to sell tenures. [Substituted for the original Section 11 by Bengal Act 2 of 1871.]
- Whenever any revenue payable to Government in respect of any tenure not being an estate shall be in arrear after the latest day of payment fixed in the manner prescribed in Section 3 of Act 11 of 1859 the Collector to whom such revenue is payable may cause the tenure to be sold in the manner and subject to the provisions in and by the said Act 11 of 1859 provided for the sale of estates for the recovery of the arrears of revenue;]and the Collector shall apply the purchase-money arising from such sale according to the provisions of Section 31 of the said Act 11 of 1859, except that the residue, if any, shall be held in deposit on account of the holder of the tenure and not on account of the proprietor of the estate;and every such Collector shall, upon every such sale of any tenure being final and conclusive give to the purchaser thereof such certificate of title thereof as is provided in Section 28 of the said Act 11 of 1859 with respect to estates:Provided that no tenure shall be sold for the recovery of arrears of revenue other than those of the current years of the year immediately preceding, nor for the recovery of arrears of revenue due by tenures under attachment by order of any judicial authority, unless and until after a notification in the language of the district, specifying the nature and amount of the arrear and the latest date on which payment thereof shall be received, shall have been fixed, for a period of not less than fifteen clear days preceding the date fixed for payment according to Section 3 of Act 11 of 1859.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, and in the Munsif's court and police-thana of the division in which the tenure to which the notification relates is situated or, if the tenure be situated within the jurisdiction of more than one Munsif's court or police thana, in some one or more of such courts or thanas, and also at the cutcherry of the malguzar or owner of the tenure, or at some conspicuous place upon the tenure, the same to be certified by the peon or other person employed for the purpose.
