Section 122 in Rules Under the Land and Revenue Regulation
122. Publication of notice.
(1)The general notice that is issued under section 52(1) and under section 56(1) in the case of tenures shall be published by affixing a copy of the same on or at the following places -(a)The cutchery of the proprietor or land-holder of estate or other place where rents are ordinarily received, or at the office of the mauzadar, and in non-mauzadari areas at the office of the [Gaon Panchayat and Anchalik Panchayat] [(Substituted by Notification No. 2789-R dated the 11th August, 1936) ].(b)Some conspicuous place such as the local post office, school or bazaar in at least one village appertaining to or near the estate to which the application relates, and if the estate comprises lands situated in more than one pargana or fiscal division, then in at least one village in each pargana or division containing such lands.(c)[The office of every Deputy Commissioner Subdivisional Officer, and Circle Sub-Deputy Collector, and in Cachar district in addition, the office of every Tahsildar and Sub-Registrar within whose jurisdiction the land or any part of the land to which application relates is known to be situated:] [(Substituted for the old clause (c) by Notification No. 2440-R, dated the 10th August, 1932. The words 'every thana and 'Munsifi' were omitted by Notification No. 3812-R, dated the 18th November 1936) ]Provided that, if arrangements have been made to establish village public notice boards, it shall suffice under clauses (a) and (b) above it the notice be affixed to the board for the village that includes the land or a portion of the land to which the notice relates.[* * *] [(The second proviso to rule 122(1) was deleted by Notification No. 2789-R, dated the 11th August 1936)][Vide Form No. 28.] [(Substituted for the old note by C.S. No. 115 to the fifth edition of this Manual)](2)The special notice that is required to be served on the alleged transferor or his heirs under section 52(2) and in the case of tenures on the recorded proprietors of the estate under section 56 (1), and on other persons specified in rules 115 and 116 shall be served on the alleged transferor or other person by tendering to the person to whom it may be directed a copy thereof attested by the Deputy Commissioner, or by delivering such copy at the usual place of abode of such person, or to some adult male member of his family; or in case it cannot be so served, by pasting such copy upon some conspicuous part of the usual or last known place of abode of such person, In case such notice cannot be served in any of the ways herein before mentioned, it shall be served in such way as the Deputy Commissioner issuing such notice may direct.(3)[No fee shall be charged for the issue of a notice under sub-rule (1), but a fee of twenty-five paise [or such amount as may be fixed by Notification from time to time by the State Government] [(Substituted for old clause (3) of rule 122 and the note there under by Notification No. 2468-R, dated the 14th August 1934)] shall be charged upon the copy of the notice to be served upon the transferor or his heirs under sub-rule (2).]Note. If owing to the failure of the first notice a second or further notice has to be issued the charge will be twenty-five paise for each notice. Process fees other than those levied on account of notices referred to in this rule will be levied in accordance with rule 188(a). When mutation proceedings instituted on the report (chitha) of the mandal or patwari are not disposed of locally because the Revenue Officer does not find time to dispose of them, no fee will be charged for the first notices to the parties which amount only to an intimation to them as to when and where the case will be taken up.(4)In such tracts as may from time to time be notified by the State Government, service of the copy or copies, of the notice referred to above may be effected by despatch by registered post.Note. The State Government have notified that in the plains district of Assam the copies of the notice referred to in this rule may, where it is convenient, be served, by despatch by registered post.
