Section 5 in The Bengal Land Revenue Assessment (Resumed Lands) Regulation, 1819
5. [ Power to direct investigation regarding liability of lands to be assessed. [Modified by Bengal Reg. 9 of 1825, Section 5.]
- First. - Whenever a [Collector] of revenue or other officer exercising the powers of [Collector] [For the exercise of functions of Collector by other officers see Bengal Reg. 7 of 1822, Section 35.] shall have reason to believe that any lands lying within the sphere of his official control are liable to assessment, either as being held under an invalid tenure free of assessment, or at an inadequate jama, or as being liable to assessment on the principles stated in Section 3 of this Regulation, he shall report the circumstances to the Board of Revenue or other authority exercising the powers of that [Board] [For the present constitution and powers of the Board of Revenue, see B. and O. Act 1 of 1913.], who, should they be of opinion that proper grounds exist for inquiry, shall direct the Collector or other officer aforesaid to enter on an investigation of the case in the manner hereafter mentioned.]Notice to party. - Second. - The Collector, on receiving the authority of the Board of Revenue, shall call the party before him by a notice stating the demand of the [Government] [Substituted by ALO for the words, 'the Crown'.] on the lands and requiring him to attend either in person or by vakil, within the period of one month, and to produce all sanads or other writings in virtue of which he may possess the lands, or under which they may have been, or may be, claimed to be held free of assessment, or at a fixed jama.Or to his agent if accredited agent reside at sadar station. - Third - If the person whose lands it is proposed to assess have an accredited agent at the sadar station, with general powers to act for his principal, the notice to be issued under the preceding clause shall be tendered to such agent, to be communicated by him to his principal and the agent's acknowledgement to be endorsed upon it shall be accepted as a sufficient service of it, he be desirous of giving such acknowledgement in preference to the notice being served on the person of his principal by a chaprasi or peon of the Collector.Notice on principal to be served through nazir by single peon - Fourth - If the person, the revenue of whose lands it is proposed to resume, shall not have an accredited agent at the sadar station of the description above-mentioned, or if such agent shall decline receiving the notice for communication to his constituent, and the defendant be resident within the collectorship, it shall be served on him through the nazir of the Collector by a single chaprasi or peon, who shall require the acknowledgement of the party to be endorsed upon it, or, if he be absent from his usual place of residence, the acknowledgement of his principal agent, or of any person acting for him during his absence.Notice how served if party reside in another jurisdiction. - If the party be resident within the jurisdiction of any other collectorship than that in which the lands proposed to be assessed are situated, the notice shall be transmitted to the Collector of the district in which the party may reside, to be served in the manner above directed.If the party be neither resident within the collectorship in which the lands in question may be situated, nor in any other collectorship, the notice shall be served upon his agent or representative in charge of the lands.If acknowledgement be refused, tender of notice sufficient service. - Fifth. - Provided always that, if any party or his agent in charge of his land, on whom a notice may be served in the manner above prescribed, shall refuse to acknowledge/the receipt of it when required by the person serving it, the tender of the notice to such party or his agent shall be taken for a sufficient service; such tender to be proved by the evidence of two persons residing on the lands or in the nearest village.Contents of notice - Sixth - The [Collector] [For the exercise of functions of Collectors by other officers, see Bengal Reg. 7 of 1822, Section 35.] shall, in the notice summoning the party, warm him that, if he withholds any writings of the nature specified in the second clause of this Section within the period prescribed, they will not afterwards be received unless he shall show good and sufficient cause for not producing them and shall assign such cause on his appearing before him.
