Section 6A in The Bengal Patni Taluks Regulation, 1819
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.]
