Section 6 in The Bengal Land Revenue Assessment (Resumed Lands) Regulation, 1819
6. [ If notice cannot be served, proclamation to be issued. [Modified by Bengal Reg. 9 of 1825, Section 5.]
- First. - If the holder of such lands to whom a notice may have been issued as directed in the preceding Section shall abscond, or is not after diligent search to be found, or shall shut himself up in any house or building, or retire to any place, so that the notice cannot be served upon him, the [Collector] or other officer exercising the power of [Collector] [For the exercise of functions of Collectors by other officers, see Bengal Reg. 7 of 1822, Section 35.] on receiving the nazir's return to this effect, shall issue a proclamation, to be affixed in some conspicuous part of his cutcherry.]The proclamation shall be written [in the vernacular of the district,] [Substituted by Act 12 of 1891, Schedule II, for certain words.] and it shall contain a copy of the former notice and a further notification to the party that, if he shall not appear on a day to be fixed (which shall not be less than fifteen days from the time that the proclamation may be fixed up) the [Collector] [For the exercise of functions of Collectors by other officers, see Bengal Reg. 7 of 1822, Section 35.], will proceed, without further notice, to hold the inquiry ex-parte.The Collector or other officer exercising the power of [Collector] [For the exercise of functions of Collectors by other officers, see Bengal Reg. 7 of 1822, Section 35.] shall likewise order a copy of the proclamation and notice to be fixed up, with all practicable despatch on the outer door of the house in which the holder of the lands may have usually dwelt, or in some conspicuous place in the chief village within or in the neighbourhood of, the lands proposed to be assessed.Nazir's return how made - Second. - The nazir shall return the order with an endorsement stating at what times and places the proclamation may have been fixed up. The return of the nazir shall be filed with the [Collector's] [For the exercise of functions of Collectors by other officers, see Bengal Reg. 7 of 1822, Section 35.] proceedings in the case.If party does not appear, or refuses to answer, case to be investigated. - If the party shall not appear at the time limited in the proclamation, or if a party who may have been served with a notice shall not appear within the time therein limited or if, having appeared, he shall refuse to give answer, the [Collector] [For the exercise of functions of Collectors by other officers, see Bengal Reg. 7 of 1822, Section 35.] shall proceed to investigate and decide upon the case in the same manner as if the party has appeared, answered and entered into proof.
