The BENGAL PATNI TALUKS REGULATION, 1819

... ·.f"--~ ,., .• 18191 Ben. Reg.3.) PATNI TALUKS 53 BENGAL REGULATION 8 OF 1819 (THE BENGAL PATNI TALUKS RROULATION, 1819) CONTENTS SECTION 1. Preamble. 2. Leases fixing rent in perpetuity or for more than ten years, valid though executed while section 2, Reg. 44 1793, was in force. 3, First.-Patni tenures declared valid, transferable and answerable for debt. Second.-Patnidar's right of under-letting. fhird.--Patni tenure not voidable lor arrears. 4. Inferior tenures under ~imilar title deeds confer similar interest to that provided for patni taluks in section 3, 5. Zamindars not to refuge to give effeet to transfer ; but may demapd fee, and security. 6. Zamindar may refuse sanction to transfer, till tee and security tendered. 7. Uoon public sale, if security not tendered within one month, Zamindar may attach. Attachments to have effect of trust. 8. First.- Zaminders allowed sales of tenures, in which right to sell for arrears i~ reserved. Second.-First sale to be applied for on first of Baisakh. Third.-Mid-year sale to be applied for on fir5t of Kartic. 9. Sales how conducted. 10. Forms to be observed in selling. 1 L Frrst.-Tenure.to be sold free of incumbrance by act of defaulter. Second.-No under-lease to stand after sale. Third.- Exception in favour of bona-fide engagements with raiyats. --- ------ --- PATNI TALUKI! [1819: Ben. Reg.8. 12. Above rule to take effect retrospectively. Proviso. Rule not to apply to private transfers. 13. First.-Reasons for allowing under-tenants means of stay ing sale. Second.-How under-tenants may stay sale, Third.--Procedure in case of amount lodged being rent 1· due from under-tenant ; Fourth.-aud in case of amount lodged bei11g advanced from private funds. 14. First.- Sale not to be stayed unless arrear claimed lodged. But suit to lie lor its reversal. Second.- Defaulter may apply for summary invcstigatiou. Sale not to be stayed unless amount claimed be deposited j 14A. Procedure for setting aside sale. s 15. First.- Delivery of posse~sion to purchaser. ( Setond.- -Procedure in case of opposition to purchaser. Third.-Procedure in case of continued opposition. I t )' a 16. [Repealed.] d }( L7. First.--Disposal of proceeds of sales. ti tl Second.-Derluction on account of Goverumcnt. s; Third.- Payment to Zamindars. 11 Four/h.- Disposal of remainder. Fifth.-Under-tenants free to pro~ecute for pnce of their Sll interest or compensation. Sixth.-Suit not to lie if under-teuant be himself in arrear p. at timr. of sale. Seventh.-When defaulter to receive excess unclaimed. in Eighth.-Subsiitution of Government securities for cash in Pol deposit. rer 18, 19. [Repealed.] 181 I. 1819: Ben. Reg. 8.] PATNl TALUKS 55 BENGAL REGULATION 8 OF 1819 (THE BENGAL PA1NI TALUKS REGULATION, 1819)1 ,. [3rd September JB19J A Regulation to declare the validity of certain tenures, and to define the relative rights of zamindars and patni talukdars ; also to 1t establish a process for the sale of such taluks in satisfaction of the zamindar's demand of *ll. rent* :d 1. By the rules of the perpetual settlement,3 proprietors of Preamble estates paying revenue to Government, that is, the individuals >C answerable to Government for the revenue then assessed on the different mahals were declared to be entitled to make any arrange- ments for the leasing of their lands in taluk or otherwise that they might deem most conducive to their interests. By the rules of Regulation 44, 1793,~ however, all n1ch d arrangements were subjected to two limitations; first, that the jama or rent should not be fixed for a pcriop exceeding ten years; and, secondly, that in case of a sail" for Government arrears, such leases or arrangements should stand cancelled from the day of sale. The provisions of section 2, Regulation 44, 1793, ' by which the period of all fixed engagements for rent was limited to ten years, have been rescinded by section 2, Regulation 5, 1812~ ; and in ReguluttOll 18° of the same year, it is more distinctly declared that zamindars are at liberty to grant taluks or other leases of their lands fixing the rent in perpetuity at their discre tion, subject, however, to the liability of being dissolved on sale of the ~ran tor's estate for arrears of the Government revenue in the same manner as heretofore. l SHORT '1ITLE.-This short title was given by the Amending Act, 1897 (V of 1897), since repealed, LOCAL EXTENT.-This Regulation iJ in force in the district of Sylhet :ir SII the Assam Land Revenue Manual, 1931, Introduction. • Words repealed by the Amending Act, I 891 {XII of 1891), are omitted. • See the Bengal Permanent Settlement Regulation, 1793 (I of 1793), anti ar p. s. ...... . • Ben. Reg. XLIV of 179S was repealed by Act XXIX of 1871. s The Bengal Land Revenue Sales Regulation, 1812. It has been rer.alcd in Assam by the Alllam Land and Revenue Regulation, 1886 (I of 11186 • s. 2. in pott. The Bengal Lea,es and Land Revenue Regulation, 1812, It hu been repealed in Auam by the Assam Land and Revenue "Regulation, 1886 (I of 1886). 56 [1819: Ben. Reg. 8. PA1NI TALUKS In practice, the grant of taluks and other leases at a rr.nt fixed in perpetuity had been common with the zamindars of Bengal for sometime before the pa~sing of the two Regulations last mentioned, hut, notwithstanding the abrogation of the rule which declared such arran~ements null and void, and the aban donment of all intention or desire to have it enforced as a secu rity to the Government revenue in the manner originally contem plated, it was omitted to declare to the rules of Regulations 5 1 and I8 1 of 1812, or in any other Regulations, whether tt'· nures at the time in existence and held, under cownants or en gagements entered into by the parties in violation of the rule of ~ection 2, Regulation 44, 1793 2 should, if called in question, be deemed invalid and void as heretofore. This point it has been deemed necessary to set at rest by a general declaration of the vaildity of any tenures that may be now in existence, notwithstanding that they may have been gr<.tnt ed at a rent fixed in perpetuity, or for a long.:t term than ten years while the rule fixing this limitation to the term of all such engagf'ments, and declaring null and void any granted in con travf'ntion thereto, was in force. Furthermor<', in the exercise of the privilege thus conceded to zaminclars under direct engagements with GovernmeHt, there has been created a tenur~ which had its origin on the estates of the Raja of Burdwan, but has since bern extended to other 1.amindars; the. character of which tenute is that it is n taluk created by the zamindar, to be held at a rent fixed in perpetuity by the lessee and his he1rs for evrr ; the tenant is called upon to furnish collateral ~e..-urity for the rent, and for his conduct gene rally, or he is excused from this obligation at the zan:indars' dis cTetion ; but even if the orginal tenant be excused, still, in case of sale for arrears, or other operation leading to th.: in traduc tion of another tC'nant, ~uclt uew incumbent has alway3 in prac tice been liable to be so called upon at the option of the zamin dar. By the terms also of the en~agements interchanged, it is amongst other stipulations provided that, in case of an arrear occurring, the tenure may be brought to sale by the zamindar, and, if the sale do not yield a sufficient amount to make good the balance of rent at the time due, the remaining property of tltr. defaulter shall be furthel' answerable for the demand. These tenures have usually been denominated patni taluks, and it has been a common practice of the holders of them to un derlet on precisely similar terms to other persons, who on taking such leasses went by the name of darpatani talukdars ; these again sometimes similarly underlet to sepatnidars ; and the con titutions of all the title-deeds vary in nothing m ateial from the original engagement~ executed by the first holder. ------------------ -- ---·--- ~ Set foot-notes s & on prt'page. • Ben. Reg XLIV of 1793 was repealed by Acl XXIX of 1871. 1819: Ben. Reg. 8.] PATNI TALUKS 57 In these engagement~, however, it is not stipulated whether the sale thus reserved to himself by the grantor is for his own benefit, or for that of the tenant ; that is, whether, in case the pro ceeds of sale should exceed the zamindar's demand of rent, the tenant would be entitled to such excess ; neither is the manner of sale specified, nor do the usages of the country nor the Regu lations of Government afford any distinct rules by the application of which to the specific cases the defects above alluded to could be supplied or the points of doubt and difficulty involved in the omission be brought to determination in a consistent and unitorm manner. ~ The tenures in question have extended through several zilas of Bengal, and the mischicls which have arisen from the want of a con8istcnt rule of action lor the guidance of the Courts of Civil Judicature in rrgard to them have been productive of such confu sion as to demand the interference of the legislature ; it has ac cordingly been deemed necessary to rrgulate and define the nature of the property given and acquired 011 the creation of a patni taluk as above described, also to declare the legality of the practice of underletting in the manner in which it has been exercised by patnidars and others, establishing at the same time such p~ovisions aa have appeared calculated to protect the under lessee from any collusion of hi, immediate superior with the zamindar or other, for his ruin, as well as to secure the just rights of the zamindar on the sale of any tenur,. under the stipulations of the original engagements entered into with him. It has further been deemed indispensable w fix the process by which the said tenure~ are to he br0ught to sale, and the from and manner of conducting such sale and Whereas the estates of zamindats under engagements with Government are liable to bl" brought t.> sale at any time for an arrear in tht: revenue payable by monthly kists to Government, it has •eem~d just to allow any zamindar who may have grant• ed tenures with a stipulation of the right to sell for arrears the opportun•ty of availiug himsdf of this means of realizing his dues in thl' middle of the year, as well as at the close, instead of only at the end of the Bengal year 1 as heretofore allowed by the Rrgulations in force ; it has further been deemed equitable to extend this rule to all cases in which the right of sale may have been rcs~rved, even though, in conformity with the Regu lations het ctofore in force, the stipulation for salt: ( ontained in the cn~;..gem(~nts interchanged may have restricted such sale to the C3se of a demand of rent remaining unpaid at the close of the Bengal year. .l * * * 1. i. •·• the month of Chaitra, which corr.:sponds w1th the last part of March and the first part of April. . The words •• ~t. ha' been likewise deem~d advisable to rxplain and mo· chfy some of the extstmg rul<"~ for the collec~ton of rent8, with a "view co ren der them more effkacious than at pr~ent, aa well as to provide against ~undry means or evasion now rcs01 ted to hy defaul kr~," wh1ch were rep~aled by the Amending :\ct, 1891 (XIT of 1891), are omitted. - 58 PATNI TALUKS (1819: Ben, Reg 8 The followin~ rnles have a<.:('ordingly been enacted by ITi~ Excellency the Most Noble the Governor-General in Council, to take effect from the date or their prolllulgation throughout the several districts of the Province of Bengal, including Midna- . pur. Leas~ fixmg 2. It is hereby declared that any leases or engagements for p re e n tu t itym opr efor-rt h e fi xm . g o f rent now 1n t'X . I Stcnce t I 1 at mav I l <tvr I ) een grante< l more then ten or roncluded for a term of )'l"ars or in perpetuity by a proprietor yean, valid, under engagement with ltlte Covcrn~cntp or other prr son com though rx- petcnt to grant tlw ~a me, shall Le dccmt d good and ·talicl tcnurr-s, a ec cc u t t e i d 0 w n 1 11 1 2 e accor d. m g to t I \e terms IJ( . t I tt covcn·\ll·~ or l"nt•; ~cmcnts · t nl!'r- Regulation' changed notwithRtanding that the same m.ty have been cxccutul 14, _1 7 9 3, before the passing of R('gulation fi, Hll:.!. 2 and '' hile rht- rule.,! waatn 'orce. section 2, Re~ulation ! I, 17' .$. · which limitc·d the period fm which it was lawful to grant such cngaw·m• nts ln cen ye<~rs, and declMed all that mu~ht b~ rn•trrd into lor .t long-!:'r term to be null and void, was in full Ioree anti efrect ; and lOtwithstanding that the stipulations of the said leases may be in violation of th.~ rule in question: Providrd, however, that nothin~ lwrcin cot taincd shall be held to exempt any tenures held unck r engagements from pro prietors or estates payin~ l'f'Vf'tlU(' to rthc GovcrnmcntJ 1. from the liability to be cancelled on sak of the •aid (" rates for arrears of the sairl revenue * * -~ ' unle~s cspc~rially rxempted from such liability !,y the rule in question, or by any other specific rule of the Regulations in Ioree. P at n i te- 3. First. - The tenure~ knnwn by the ttatne of patni taluh, ~~~:~d :.~id, as described in the p1 ~allthle to this Rc~ubtion, shall be deemed transft"raule to he valid tcnwrs in pr:rpctuity, according to tlJc tc rrm. ol· the and anawe- engagements undct which they are hf'!d. The> arc herit«bll" bv b r b I e for their conditions ; and it is hereby furthc1 declared that they an· de t. capable of being transferred bv .air, ~ift or othcrwi~e, at the dis- cretion of the holder, as Y\c·ll as .tnswerable lor Lis pen.onal debts and subject to the proc<'ss of the Courts of Judicature, in the same manner as other real propr-t ty. Patnida r s' Secon,{.-Patni talukdars are hereby declated to possess the r i g h t of right of letting out the lands composiu~ their tal11ks in any man under-! e t- ner they rna y deem most conducive to their interest ; anrl any ting. engagements so entered into by srtch talnkdMs with others ~hall he legal and bindintr bf'!wceu the parties to the ,,un ·, their heirs and assignees. Provided, h'1WC\er, that no ,uch c·ngagcments shall or operate to the prejudice the right of llw z,unin Jar to hold the 1 Substituted fur "Crown" by the A. 0. 1950 which was wh,tituted for "GCivernment" by the A. 0 . 19:17. lite Beng.l T..;~nd-re\•rnue Sak$ R~ulation, IRI''. Tt i& repeale-d •n .<\•sam, Ill Reg. I of J 1186, s. 2 po.<t. Ben. Reg. XLIV of 1793 was rcpralcd lsy Act X'\ IX of 18"1. ' The wo•da and (i~urCll "umkr the ru)t> of' 8C('tion 5, Re~ulation XLIV of 179:1," which Wl"rr r!'pCakd by thl" Rc:-pralin~ Art. 1874 ("<VI of IR71), are om•tted. ___ j 1819: Ben. Reg. 8.] p A.TNI T ALUKS 59 superior tenure answerable for any arrear of his rent, in the estate in which he granted it, and free of all incumbrance re- sulting from the act of his tenant. . Third.-In case of an :1.rrear occurring upon any tenure of Patm ten~- t h · d escn . pu . on a ll u d e d to m . t h e I 1 rst c I a use o f t I u . s secu . on, 1 . l d re a b n l o e t VfOolr· sh.tll not be liable to be cancelled for the same ; *} bu l the tenure arrears. shall be brought to sale by public auction, and the holder of the tenure will be entitled to any excess in the proceells of such sale beyond the amount of the arrear of rent due, subject, however, to the prov1sions contained in section 17 of the Regulation. 1. If the holder of a p.1tni taluk shall have underlet in Inferior te- such manner as to i1ave conveyed a ~imilar interest to that en- ~W:C1! un~tler J.O ye d b y h"1 mse If, as expl am. e d 1 . 0 t h e pream bl e to t h" 1 s R egu l a- d'Jemedl sa rc ot 1 l 1 feer tion, the holder of such a tenure shall be deemed to have similar igte- acquin:d all the rights and immunities declared in the preced- rest ~o that ing section to attach to patm taluks, m so far as concerns the prov~ded1 fokr patru ta u s grantor of sueh und er-tenure. in section The same construction shall also hold in the case of patni 3. taluks of the third or fourth decree. 5. The right of alienation havlllg been declared to vest in Zamindf a r the holder of a patni taluk, it. shall not be competent to the za- ~:~i~/:ff:~ mllldar or other superior to refuse to register, and otherwise to to tranJfer. give cifcct to such alienations, by discharging the party trans- lerring his interest from personal responsibility, and by accept· ing the engagements of the transferee. In conformity, however, with established usag(, the zamin- but may dar or other superior shall be entitled to exact a fee upon every de m and such alienation ; and the rate of the said fee is hereby fixed at fee two per cent. on the jama or annual rent of the inlet est transferred, until the aame shall amount to oue hundred rupees, which sum. shall be the maxi mum of any lee to be exacted on this account, ~he zamindars shall also be entitled to demand substantial and aecuri· se~.:unty from the transleree or purchaser, to the amount of half ty. the jama or yearly rent payable to him from the tenure trans- ferred ; the condition ol furn1shmg such securi1y on requisition being understood to be one of the original liabilities of the tenure. The above rules shall apply equally to the case of a sale made in execution of a decree or judgment of Court, as to all other alienations, but it shall not apply to the case of sale for an arrear in the rent due to the zamindar or other superior, un der the rules hereinafter contained. The purchaser at such a sale shall be entitled to have his name registered and to obt.lin possession without re~, though of coarse liable to l>e called on to give security under the conditions of the tenure purchased. ll ~ The wordt and ligures "under the rule co:ontained in the sevCDth clause of section 15 Regulation VI! 1799, for lcqes conveying a limited interest in the land," w1 hich were repeal1e d by the Repealijlg Act, 1674 (XVI of 1874), are omitled. Section 5 docs not apply to tramfers of any fractional portion of a patni taluk, or to any alienation other than that of the e11tire iutere!t, 111 tho c:oncludini par~~&raph ot •· 6. posl, 60 PATNI TAUJltS [1819: Ben: Reg. U Zamindar 6. It shall be competent to the /.amindar or other superior may . refuse to rcfusr thr registry of any tnnsfer until the fee above stipulatrd aancuon t~ he paid, and umil substantial s•·curitv to the amount specified f t c r c a n a s u f d er 3e u cu ll - 1u. e ten d ere d an d accepted : rit y tender- ed. Provide3., howcvl'r, that if tlw S<'Ctttity tendt'rerl by anv pur- chaser or transferee should not bt: a pprovetl lJy tiH' zamindar, and the party tendering it shall be dissati~fied with such rejec· tion, he shall he competent to appeal therefrom by petition or common motion in the Civil Court ol tlh' distJtct, whieh autho rity, if !atisfied of the sufliciencv of th<~ securi tv t·miered, shall issue an injunc'ion on the z:lmir{lar L•J ac•:--()t it awl give eff,•ct to the transfer without de lay. It is hereby provided that the ~t~lt>s of this anrl o,· the pre ceding section shall n0t he held to apply to tran~:ers pf any fractional portion of a patui taluk, nor to any alienation otlwr than of the entir:: intere'lt · fo!· no apportion me~ t of the z:tmindar's r~erved. rent can he allowed to st:wrl good unless wade under h1s speCial sanction . .U pon pu~- . 7. In case of the ~ale or:\ patni tenure in CXt>cution of a. he sa~c, tf JUdgement of Conrt I if the rurchascr rh n()t, wi thi 11 the· period ol •teecnurdlle yr 1c\ 0dt one mo~t 1 1 I'r om t h e sa1 e , con f'o rm to l 1 H ~ rn 1 · ·s ol · ~ecu · on ";.) o 1· t J l i • S • within one RegulatiOn, in order to obtain the tr'lnsl'cr of his tenme hy the m'!n t h, za· superior to whom the rent fixed upon it i~ p:ty .. hk, the zaminrlar mmdar ~nay or other superior shalt he entitled, of hts own attlh•wity, to send .attach. a sazawa I to attar: } 1 anu-' I1 0 !.-,' P''''''SS.t on nl . t I1 e tenure untt'I tl 1e Ji.)rms prt>scrihed he obsl'rvl'd. In case also of the salr- ol a p.Hni tt>nure for arrears of the rent due upon it, under the rules of this Regulation, if st:curity be required by the zamindar anJ tl,l purch.1scr liil to furnish the same within on.: month of the d;w: of sale, dH· z:,rnindar shall st milady be enti tied to send a saza wal to attach and hold posliession of the intere~" which tll·l~ have p.tssccl on the sale, to the exclusion of the purcha~cr, uutil the prrsr ribcd secUt ity be given. A t t a ch Attachments made under this section shall br· regarded A S men flit 1 ,tor· trusts for the benefit and at the risk of the pctrchasers: conse- llave c ec: 0 quently after deducting the rent due and l h e expense o 1· attac I 1 · tnut. m· g, any' surplus that may be ytelded by t!1e co 1 1 ectt · on~ s h a 11 I ) e held in deposit for such purchaser: but, tf the collccuons for t~e time fall short of the rent the ten•1re and person of the propne 1 tor shall be liable in the same manner as if no attachn11ent had been made, and the accdtmts produced hy th~ zamindar ~r othe.r superior making the attachtr.. cnt shall be received _::~s pmna facie evidence to wauant process lot an arrear so accrulllg. - - . -· -- - ~ -- ' -- - . 8 1819: Ben. Reg. 8.) PATNl TALUK3 61 18. First.-Zami nd<~rs, th..tt is, proprietors uudcr direct za 10 indars eng:1gements with the> G;,vernmcnt "shall be entitled to .tpply in allowed sales the manner lull,>willg lor pc1i uclical sales of :1ny tenur"~ upou of r.enure.s in which the right ol selling or bringing to sale for an arrear of rent whtch r~g.ht · . I . . h to sell lor may h ave IJ e<·n spec. •t II y reserved IJ Y o r sttpu atton tn t e enga~e- arrt·ars i~ re- tr ments intercltangl'd 011 the t:reatitlll the tt:uure. srrved. ar, The exet"<'tSt' of this power shall nor. be confined to cases in which the sti Jufa[ion lor sal:- nnv have • been unrestricted in ~c­ or rega1d 10 tin;c, lJ\11 ~hall ~ippl~ . equally tO tCIIUfC~ held UfiUCf 10- engagemt·nts h[ipulatiug merely f(Jr .1 sale <~L the end uf the year, all in confurmny with the pralli<.:.: h.:r.-tofore allmved by the Regu •, t lations in !o1 cc. ~ec. nd- 011 th, fit~t day of lhisakh, "that is, at the corn- Fir't ttl~: t•• menc.:n•cnt ,,{ tlu.: f;>flvwlllg )C u· l'to.n tli.lt of which the ri~fll is be appliC>I re C du o e 11 , e c th to e r z " . a c •n u i . n n d a : t . . t t • r . w sn g a a i l s p p r e e c1 s ' e fi n ca t t 1 . o a 1 1 p o et t .. i t a i n o y n b a * l auc • e s * t 1 l 1 t a o t rn th a e y f B o : r m . o a n k l h i . r -~ of n) be due to him on account of the expired year, li·om all or any It" I r's talukdal' or other holders or all interest of the nature <lesct ibt:t! ler in the prec<>diug clause of this section. The same ~hall then be stuck up in some conspicuous part of the cut< hetry with a notice that, if the amount claimed be or a not paid hcfOit' the first ofjt>th " followin~, the lt'llUI'I'S the or defaulte1s wtll un that day be sold J,y public sal·· iu liquida his tion. h(" Should, bowcvcr, the fir~t of Jetlt " fall on a Sunday ur Ltr holiday, the next subsequent day, not a holicl::J.y, shall ht- selt:cted ncl instt:ad ; a similar notice shall be stuck up at the sadar cutchery he or of the zamindar himself, a11J a copy or extran of such part the notice as may apply to the individual case shall be by },im sent to l>e similarly published at tht• rutchcrry or at the prin<·ipal town or villagf' upon the l.md of the defaultt·r. The zamind.tr shall l>e exclusi\dy answerable li.w the <•hS<'I'- vance of tlw fur.ns ab >VC pr.:scnbeJ, anJ the no1 ic:: required to 1 be \Cnt I lilt> tit.· muf:tss.tl sh tilly· served by a siugle peon, wit 1 shall IH ing- b.l•:k lilt.: rc~.tipt of the del~'lultcr, or of l!is lll<Ul<tgt'r, ~ -~-,~~~o l::::s-··~; 1he officer who should conduct ,ales of the nature of thos., dt·scrilx:d in claus<: ftJSl ofs..,c(un 8 ot Bengal H.eg.datinn VIll of JBI9, 111 th<" llt m~al Patui 'laluL.s Rc~ulatiun UJ20 (l of JU20), s. 2, post, and thr: Bengal Rc:lll H.eruvery (l ndcr-t('uUrl-s) Act, H!b5 (!len. Act. VIII of 11165). s.:l, post. ' .:lulmicuted for ' Crown" by the A.O. 1950 whtch wa~ aubstituted by the A. Q. 1937, fur "Guvcrumeut" . .AI!> st The month 1.C Baisakh corresponds with the la~t pa1t ot April and the ;h first part of May. be • fhe words "to th. . Civil Court of the D•strict, and a 5imilar one,'' . he wb.tch were repealed by the Repealing Act, li!H (XVl of ISH), are omitted . te ' In ,\,saill, the Deputy Comminioner. '\s to excrciae <•I function~ ol tad Deputy Comm<ssio•wn, see thr Assam Land and Rc-'<"llU<" R~gulati.,n, 18116 (1 1er of 1U1!6), Chap. Vll, post. 1c1e • The month of jt'lh 'urrespond, Wttb the last 1st 11art ol May and tho:: lim par1 of june. 62 PATNI TALUKS [1819 : Ben. Reg. for the same, or, in the event of inability to procure this, liignatures of th1 ee substantial persons residing in the neighbo hood, in the attestation of the notice having been brought published on the spot. 1f it shall appear from the tenor of the receipt or in question that the notice has been published at any time vious to the fifteenth of the month of Baisakh, ~ it shal sufficient warrant for the sale to proceed upon the day appoi In case the people of the village should object or refuse sign their names in attestation, the peon shall go to the cutch of the nearest munsif or if there should be no munsif, to nearest thana, and there make voluntary oath of the same h been duly published ; certificate to which effect shall be and sealed by the said officers and delivered to the peon. ~id?earbe ~i Third.-On the first day of Kartik, 2 in the middle of ~~;lie~ for year, the zamindar shall be at liberty to present a similar peti on first of with a statement of any balance~ that may be due on account Kartik. the rent of the current year, up to the end of the month Assin 3 and to cause similar publication to be made of a of the tenures of defaulters, to take place on the first of unless the whole of the advertiseu balance shall be paid the date in question, or so much of it as shall reduce the including any intermediate demand for the month of Kartik, to less than one-fourth of a four-anna proportion of the demand of the zamindar, according to the kistabandi, calcula Sales how from the commencement of the year to the last day of Kartik1• conducted. ~ 9. All sales of saleable tenures applied for under the of this Regulation shall be made in pubic cutcherry * * * 6 land shall be sold to the higlwst bidder, and every one, not actual defaulter, shall be free to bid, not excepting the person satisfaction of whose demand the sale may be made, nor t under-tenants of the defaulter ; fifteen per unt. of the money shall be paid immediately the lot is knocked down, and officer conducting the sale shall be competent to refuse to a bid, or to knock down a lot to any bidder, unless he has a ance to his satisfaction that the amount required to be jeposi is in hand for the purpose, or will be produced within two h \ The month of Baisakh corresponds with the last part of April and the of part May. ' The month 01 Kartik correspond with the last part of October the first Part of November. • The month of Assin corre.ponds with the last part of Septembt r and first part of October. • The month of Aghan corresponds with the last part of November and first part of December. •As to the extension of the ap.eltcation of s. 9 jlt the Bengal Patni Regulation, 1820 (I otl820), '· 2(3) post, • The words "by the Registrar or actiag Registrar of the Civil Court, ln his absence, by the person in charge of the office of judge or of of the district within which the lands may be aituated, which were repealed the Repealing Act, 1874 (XVI of 1874), are omitted, -- .. ---~-- [1819: Ben. Reg. 8.] PATNI TALUKS 63 If the fifteen per rent. be not paid in cash, or in •[currency notes), within two hours of the sale, or an ectuivalent amount in Government S•'Curitics be not lodged, the lot shall be re-sold on the same day, and, if the remainder of the purchase-money be not paid by noon of the eighth day, notice shall be given of re-sale on the following day, that is, on the ninth from the first sale, by proclaiming the same by beat of drum through the hazar of the sadar stati<,n of the zila, C:Lfter which the lot ~hall he re-sold at the appnintcd time at the risk of the first purchaser, who shall * * forfeit the advance of lifteen per ce11t. already made, 2 and be furtlwr an-;werable lor any sum in which the proceeds of the second sale may fall short of the antfeedent one ; such deficiency r to be levied bv the proo·ss lilr tht! execution 0 decrees of the Civil Court~. 10. At tlte tiutc olthe ~ale the notice previously stuck up in Fonnsto be the cutchc•ry sh.dl lJ" taken down, and tlw lots be called up olr..~rv.-d in successively 111 the order in which they may be found in that selhng. notice. A per~"'. I sh.tll .1tteud on the p.1rt of the zamind.tr, with a particular ~tatemcnt qf the pavmcut~ made up to the day of sale, on account of the J,alance of each advertised lot, together with the receipt lo•·, or cct"tificate of, the notice directed to be pubhsh ed in th~ 'llufassal, nor shall any lot be put up to sale until the statement poduced shall have bren inspt>cted, aucl the existencf! of.a balance ror the year ascertained therefrom, nor untii the receipt for 1 the notice shall have been rt~ad ; the ubserv.tnce of which forms shall be recorded in a separate rubakari to be held upon each lc t sold. If the sale be of the deM;ription provided for in the third clause of section 8 of this Regulation, the kistb.1ndi of the default er shaJJ likt wise he producrd, in order that it may be seen that the balance rcm..tining unpaid exceeds a four-anna proportion of the demand up to the date of sale ; nor shall the sale take place unless this l>r asc. .. rtained. The za111inuar 5:!.tl lC exclusively rcspon,iblr• lor the ..:urn·• t ne~s and authenticity ol the Mpcrs to l1c thus exhibited, no1 shall the pJhlic •Jlhcer rna kmg the sale be answerable in any rcspc'et except lor its fairness .md publicity, and for the observance of the rules prescribed for his guidance in this Regulation. ---------------------- ------ 1 The words" currency notes" in ~. 9 were ~u bstitulcd for the' words '1 notes of th< !.lank of Jkn~al" by the Amending \ct, 190,3 (I of 19C3), ainc:c repealed. 2 The word~'' (which shall be in !uch ca~e regurded a~ part of the pro. ceed~ of the sale).'' in s. 9, which wt're repl"alcd by the Forfeited Deposit£ Act, 1850 (XXV or l850), are omitted. As to the applicallon of torfe1ted dipo liiJ, ste s. 2 of that A~:t, post. 1 • I PATNI TAI.CKS [1819 Ben. Reg. 8.] 1 Tenure tn llJ.. Fint. --It is hereby declatetl that auy taluk or saleable. bef ~olcllree tenure -that may be disposed of at a public sale; under the rule~ b0r anmcee uhmy · a 1 o f t I l i · S R egu I . lt; · on, for arrears o f r•;nt d uc 011 account o f t · l, · u ;; so ld d of defaulter~ free o!" all incumbrances th:tt may have accrued upon it by acto 11 the drfaulting proprietor, his representatives or assignees, unle e the right of making such incumbrances shall h1ve been express!} d written vestcrl in the holder by :1 stipulation to that effect in thq engagement$ unckt which the said t:~lttk may h.we been held. tl ti r No translcr hy salr, gift or nthr-rwi•r, 110 motlg·l.L;" of nthe~ 0 !united assig11mrnt, slt.tll be permitted •n ltar the inrlrfe;~~ihl~ a right of the z.unindar to hold the tenure uf his crration answerl able, in the statr in wh:1 h hr created it fot the rent which is iq fact his rf'snvcd proprtt" i 11 thr tenure, f'xccpt the transfer orj b a~signmcnt should have been made with a condition to that efTecf 0 under express authority obtained from such umindar. Sl tl :\o under. Srcon·f.- fn like m,ulllcr, on sale of a t,llt k lot ;u-:e.tr-; all lcasq t lc.-ase to 'tand orginating with the h<Jlder or thr for" er tenure, if creative of ' 0 after sale. mt . dd I e m . terrst I > etween l I l (" n·s1 . 1 .J1 cnt cu I lt . vatnrs an d t I 1 r I all" proj s prietor, must be considered to be canceiiC'd, C"'<Cept the authoria t to gram them should have been sp··ciallv tratt~ferred ; th possessors of such intere~t must consequcnty lose the right hold possession of the land :"''I to collect tl1c rent~ l)f lhc raiyats r. this having hcen et•jOy•·d merely in consequence of the defaulter~ a assignment of a certain portion of his own in tercst, the whole Ot r which was !iabic !or the rent. a f Exception T/iird.-l'rovi1.h:d, neverthele-ss, that nuthin~ herein cJntaincl d in fav·mr of shall be construed to entitle the purchaser . of a taluk or othe: d bn"afidc en~ah· saleable tenure intermediate between the 7.arnindar and actu~ I irjal:iaytaetu 1 t • s w•t e c u u l l t t i · t v v , a H t o or r ~ , t n o o I! r J . C t C o t c < a \ k n c h e u l J b a . s m t a ca ( . i · t d y l . ' t t e o n r g a~ rc · .: ~ ~t · m d e c n n t t s m an a d d e 1 w 1 e ! r t e h d · t 3 t u a q q s I . tcuams by the late incumbent or his r.·pre>cntative, except it It r. proved in re!-(ular suit, to he brought by such purchaser, f(Jr t~ 0 adjustment of hi~ rent, that a higher rate WQU!c! have bees f demandable at the tim1: such engagements wet e contract:..d by hl predecebsor. Above rulr 12 '1 he rul1 ~of the preceding sc:ction, being declarato~ I to take effect of the prim.:iplc to be obsct vcd 011 all occastons whcrc111 salea~ s r~strosp«· tenures <trc made nsponsiillle lor the zamin·kr's rcsc-n ed re01 s tlvely. will equally apply to the case of taluks, heretofore sold, as ~ a thos~' that may be sold henceforward, if 1111, ~.\lc shall hil.ve bee: betf fair, and the process observed in conducting it shall have c that recognised and in use in the district at the time of selling. ProVI5n. Nothing, however, herein contained sh.tll operate to t prejudice of any agreement, express or implied, now subsisti~ hNween the purchaser of a taluk and the lessees of his pred~ cessor. l As to the extenswn of the application ofs. ll See the l.l ·n; t 1 Patni Taluka Reculations, 1820 (I of 1820), s. 2 (3), j•ost, 1819: Ben. Reg. 8.J P.\T:-.11 TALUKS 65 Neither shall the rule for the- fall of under-tenures be consi-Rule not to i d n e t r e e r d e~ t t , o n a o p r p l t v . o a to p a u m t' > h . p e r s i a v l a e t e m . e tr x a e n r s u i u e . r o b n v . o r· a a ( t I a e l g u r k e d c, a r n o o f r hi t s o o t w h n e a p tr p a r p w ! I y f v e a r. t to e 1 case of a relinquishment by the talukdar in favour of the zamin- . dar, nor tu any act or!_(inating with tht' former holder, other than default as al~1resaid : .tl: such operations invulve only a transfer ol the tenure itt the state in which it may be held at the time, and the tH·w im umiJ rlt mcceeds .to no more than the 1e~ ·n eel. rights of tht· !OJlliCJ leu nt, such as they may be, and is of course subjeu to any rest ric, ion put upon the tenure by his ,tct. '13. 1· int.- With n li'II'IKC to tlw injury that may be Reason for 'u·r ou~; h. t up~n t Iw I 1 0 l d t r o 1· .1 t L I u k · o I t I It' ·con< I cI e c~ce 1J y t h e ualnlodweri-ntge nant operatiOn of tlw pre1 edm~r rules, 111 cas..! the propnetor or the means of superior tenure pur posdy \Vithholds the rent due from himself to staying sale the zamindar .titer having realized his own dues from the inferior How under tenantn, it is deemed necess.1ry to allow such talukdars the means tentaant may ofsav . m . ~ tH· I te·tcntJl . <·s f'm mt I t eru . r n t h a t must atten d such a s y •a1 e . sale : aud the t 1 I•Jwing t ulcs have accordin~lv been cna<.ted for this purpose. , •' Secund. -\\'hcll(:ver the tl·nu• c of a talukdar of tbc J1rst degree may be arlvertJ~c·l lor ,,de· in the lllaune,· tequtred by the second and third clau-;es of section U of this J<.egularion, lor arrears of n·nt duc IIJ the zaminder, the talukdat~ of the •ccond degree, of any number ol them, slr.tll be· entitled to stay the hnal sale, by I r · payin~ i Jlll) COUll tllt' ollllOUnt of b,tfauce that may be declared d uc by tilt pn ~o11 ,Jltf·udiug ou the part of the zami ndar on the day app 1inted lor •• tl · in likr· manne,· they shall be entitled to lodge money atlt«'Ctdcntly, ffJI' the pur pose of eventually answer 1 ing any demand th lt m. y rt-m,lin due· o.r• the day fixed for the sale, and, shou!d the i.!mount lodged tw sulhcieut, the sale shall not proceed, but, altcr rn.rkiug ~O•>d to the zarnindcr the amount of his demanrJ, auy eXCt'U ~~~ tJI bf' paid back tO the person or persons who ma) h.tve lodse.! it. Tl.ird !J the aruotJut "> lod:,:cd shall be tl'llt d11e by the . Procedure ill!CJ im talukdat, the holrl<'r of tlw advt••tis<"d tc nun•, the same rn case of sh.t!l b<' st. • tt-d at tlw lillie of "'•tkin~ the depo;,it, aud the amount laodmound tbe. sh.tll Ut' L~rrr· ed lO th1 et<t.:(>lllll ol he te11111t or l~nants lodg-r . n j:{ it, rent g d e u e fro m m g and be cfedurlt'd f10111 oiiiV cJ.1 Ill of relit tJr;tl may at the time be under-tenant, pending, 01 J,c tlwr t ,dtcJ IJt out.; Itt lm w.ud agai11st h1m or then by the prepr il"toJ ul the .nlwr ti~cd tcnurL on at.:rotull of the year 01 months for which the notirt• of sale mav havt been published . . & ----- -- • ,\J to the t'XI('ll ion of tin 11J1plicati<HJ of ., 1:1, sa- ' th•· Bm~taJ l'.•tui I duks R ..g u),uiou, llt:!U (I ot 18:!0), ~. !! (J), Post and • ttJI" Beu~o.;~l l<t 11 l<lcO\I"fY (lllllkr-'t emur•) \c1, lt16~ (Heu, .\ct VII ot 18651 /'o•t. 1 66 [ L819: Ben. Reg. 8. and in case l·ourlh.- Jf 1:1c person or IH'IM•O, mtkill'~ surh a dcpo,it, in of 11mo~nt meier to stay the ;,.lie of the sup~ri l' t 1111 •, I ·!! h::~,·r illready · Jodd gedcdbemg paid the whr)!C nC the rent 'lue lr 1m '1ims lf r th rns-:lvc<, ~o tktt far ovma nper h·ate t I 1 e amount I oc I ged . I S an :v 1 v ance t'1 om pr.n rtr' r· u .t l , aw l not a funds. disbursl'ment on account qf the sai l rent, ~l'clt d ,>osit shall not be canicd to cr<"clit in, or ::c.-t ac:ain t ft:· 1re t1,.m1nds for tent, hut shall be c:ons: creel a, ,, loan m 14 to tilt p opt i< l<•r of tlw tenut c preserved fi om saie bv such mean , a• d 1 h · t duk ~~~ pr~'­ set Ycd ~h;dl be the scca! tt • to the p • n ,,. p• r<ons m.tking 'lw advancr, who shalt lJ ... co· 'd r to!> 1ve lie 1 th :· U(><J'l, in rhr. same rn:>uner as if tic lo '1 Ja : l;. rn rn.:tdc unon l!lnrtg •gc : 111rl hi" or they ~hall be < ntitk l, or1 anph i·l'~ 1 rht! ~ ra, t" "htain immrdi~tc pos~c·~ion of tlt · t 1 ll'" 'I tlw rl•fault• .-, in •mler to rerovcr tlw <'mom t o 'v.mr J Jru n ttrv profit~ bdon•(ing thezc to. If the (lt-f.·\lliter slwll cil'.s'rc U• 1 r, \ 1 lti trnurc- f:mn tiH· hands of th(' pcrso 1 or rc·r~ons who, by Ill lkin ~ the acl\',1n('r', may ha\c acqu'rcd such an ir t rest thC'r in, aucl cntc•-cd em pn;sc:ssirm in con•cquencc, ht: sh .J not I e c·n'itl d '" It, >, C'XC"pt UJ'<)n re-pa)tnfllt Of tJtc I nfirc. 11111: th: I ( I \\ 'tft ill I< I' tat tll•' I it((' of twl'lvr• f'tl c~n'. 1 1' l! .. n 1 l I 1 t n~' )(),S< ~'"~ll ha\ inri been ~ivc·rt a~ above,' ••r 'n >O 1 ·xltihi i1 pto .J, in ;r rc••uhr ~riit ·tr• bl" instituted forth<' p'l1 J() • th"t the lllll :1n 'Jill t •o advanc('d, with intrrn~t, IJa b <>n 1eal1s d fro 11 the u~nl u t nf the II llllH'.' Sale nnt to 11. First.-Should tl b.J1.\llC cl lr1rtl b\· 1 z.llninclar on be ~ta>rd accm nt f h rent of any unc!ct-tcnure rl'lfl;JOn •tn ,.Lie! upon the utl.eS!I ~rr('~ day fixed fnr til\'~ lc oftlie tr11ur• . the ~ale,· alii e lll'lt' 11iH1r,ut f~~~. nn,.~ .:thi~: rescn·e' in thl' ll1 provi lf'd lot i 1 • rt;on 'I and I(' ( f Rf'rruhtion :nor sh 11 lt t ( tl) cd or p tpon d C'P 'l'lV :wrnnnt, unlc~s the amount o the cicrna.ttl lw lodgul. . Dut SUit .to It shall lto\\CVCI be ) 'lp tent 10 <lll'Y P· rly rte trnus of con ~e for IU testing the right of ft, zar.und,tr to rn lkf" the S,ll• , wrther On. tJH" everaal, gronnd of tlwrl! ha\ in; h 11 no h hncc due, or on :my nth·r ground, to que the z m•int! 1r lor the re\'('r<.nl of the s;unc, itt1d, upon estahli•hin•Y a suffic'tnt pka, tu ohtain a ,J,,, rt't· with fitll Co3ts and d.lmagc:;. The purcl a~cr shall I •C r11adc a part rlerree pa O:ng for r~'' r~al o the ~.1 e, th to or Default('r ~uond. In ca s !so in\ lr;ch ,, talukrl 1 tn<ly r•mtcst tlw may apply zarnindar's demand of . n\ • n , , 1~ "I i •• I in tlte :wtic•· S m ~o a r v l e s a u u n ' g : o l a t m t 1 t ~ 1 o r •n y . m ad a v r , y •r t l • i l l s V u l l :S , t . ~ t g u : c tl h l . O t ! a I lt t l l a a h 1 lY · I · H ' • l \ \ ' t r I 1 > 1 · ! I 1 ll l 1 t I C n t 1 < l: 1 l • . n o r 1 J t. r . , I fo ll r < 'l • l l r t ; G ; ll t l 1l 1 l < - ' be stayed zamindar sh.t!l tlwn ,, (.', lll'd li)Jil'l Ill rurui h his k lH!liyat :;rul unla, other prools ar. the shortest conv ·ui nt uotice, in "rd r that the: calr a n t ? m u , ~ ;u ~ b e award mav' , if possible, be made bdine the dav appnintcd for s tl1•. deposited, Such award, if so nndc. \ill of counc rcgul.ltl! the ulterior · process ; but, if tlw ca(e tw still p nrlin!{ the l•>t shall he called < up in its turn, notwithsandinv tht· suit :and if 1he z·uninclnr o'r his agent in attendance insist on the dt:mand, the sale shall be Jlli9: flen fteg. ILJ l'ATNI TAI.t)KS 67 made on his r<'spnn::ibilit)', nor shail it he st.\yed. or the summary suit he ;dJowd to proc~'c d, nnh·ss the am'lunt d.simed be lodged in rash, or iu (.owtnm•·nt S<C:uritic~, or iu [curreucv uotes],1 by the talukdar mr.tc stin•{ t se demand ; • nd if su-:h deposit be not made, Llw .tlleg d dd:u:ltcr \dl! h,wc no rem• dy hut by a regular action for dan .• lgr.s and !'or ' ( vcrs:ll of the s,s c [unh:ss he makes .10 application under section l•J.\)U. . Procedure "[Hr\. Fil11--lt shill br• ··ompt:l''OL to •t dcfaulting patm• for setting d.u of ,, patni t.dttk <Jr 1 d t lUltiu~ holu r •)f a tenure sold under aside aale. thh regul.n'nn • · n tlukd ' or tcnurc-holciu uf the second decree of sucls taluk 01 tl:nurc <'I' tfl .t pt•tsou holding an interest in such taluk or l~r.un in \ rluc o ti I · ncquu ed before the s.t! · of the tahtk or tcnurt' or t 1 p r < 1 I .wincr .t n ortga~e r n such taluk OJ tenure l•> apply to t 1c Lo 1! tc.or to hu\C' t!.c sale set aside on the applica 1t dt"positiJq with the Collector witllin thirty days frorn the d ttc ot's.1h.:, <.:r, if' tlse t.duk oJ tenure has been re-sold, within thirty d.1ys lsom the date of the original sale- (c1) .t ~lttll ot mon ·~ ual to 0:1 ptr c.:utt. of the purchase money 1ut p. tr. 11t to f t 1 • State Government]' for the put po t'~ 'P ·cific 1 in tll!' second clau3t: of sec tion J 7, or (h) a Slllll ol' Jlll(l('} qu I to thf' llllOtlllt on account \\hie!•· the s I~ h., l•t:"ll mule togl'ther with interest .wd nl! d11r ,. incurrc:J in bt inging t'•c taluk or t!'llllre t > •·11t li:H pa>ntent to tlu: z,unindar, and {r) a ~t!lll ut 111011 ') t.qual to f1ve per CC'nt. of the pnre'H\SC nJ•)Jit·y a11d in no ca Je tl aJ. nc rupee for p 1yment .: to the pnt ch 1 cs·. On receipt of a11 a pli< :tti ·1 to set a ilk the salt; the Col lc.ctoJ sho.lll •crve a nut11 t 011 tis zamind r ami tht! auction pttr Lhas<'l' fixing a d.ttc lor h •aring the satm•. , Suond.-'Xo appli at•o ~h II be entett·tin d under thi~ sec- tion sf the .tpplil. ut h institul d n I>Uit in the Ci\·il Court to set a~id~ the ~a'c Hnle , he f rst wit.ldraws ,uch suit. 'fhird.- ~~o .1 pl tatlon 'hall bt! allowed under this section without t 1 c <' H ~'lit ol t1 z unindnr if the d£'.wltiug talukdar m· tl'llllll -lH>lclet is lj,l!'llc U agrc•cd to J>.l} Ult IJeha!f of the zamincl<~r any sever u · ·1 C'css clue t, [the St 1tc Covf'trlln<·nt]J li·on1 the zamind.u· .uul ~U< 1. n VliiHl" or c··~s ha~ not bt"<'ll paid lo ltlw ':>tat<· Cowr nmt•• t J .o1· depo itt I in Court bci;Jre the "date fixed o. the h .trll•._ ut the :rpplic.tuou. l l'lle \\Ol'rl '·currenq '"S :n s. U • ' r wl tituled fvr th-: word •'notes Cll the Bank ot 11 n I, U}' 1 1 .\m 11 Ulg ,\ t, 1~0, (1 ~I 1903), sine· rcpeaJ,~I. ~ I 11~ rtcd !11; nr•n. \ t I\/ f 19 33 \\ hich ''. ~ rxtcnbl to the district of S}ll et \\it., c!lcct fsn uth lith .Jul~ I'J.t:i. •'J he wert!; '•t! e l'r v''1ci I G ve"n 't" "u'stit J'cd for · Gov rnn1t-nt" 'bv the,\. 0. 1<137, tht• '' rJ "l'ro\ 1 1.1! '1 '' uLstitut< d by the word sio~te" b~ .\. u. 19:i0. 68 fl8l9: Ben. lteg. 8 Fourth.-If no objection is madr by the zamindar,. or the auction purchaser on the date iixed for the hearing of the appl~ca­ tion or on any subsequent date to which the hearing may be adjourned and the deposit required by tlw first clause of this section has been made within thirty da>s from the date of the sale, the Collector shall allow the application and make an order setting aside the sale, and shall pass orders for the disposal of the money deposited by the applicant and the refund of the purchase money. t . Fiftii.-If any objection is made by the za1111 ndar or auction purchaser the Collector shall refer the application together with the objection to the nearest Ctvil Court having jurisdiction and such Civil Court shall decide wht:ther the applicant is entitled under this section to have the sale set aside, and shall either dismiss the application or make an order setting asid~ the sale, and shall pass such further orders regarding the disposal of the money deposited by the applicant, the refund of the purch<\se money, the payment of costs or any other matter arising out of the application as it thinks ht. The Civil Court may, at its dist:retion, make ~uitable arrange ment for protection of the taluk or t1·nurc but the patnidar or tenure-hold!!r shall be allowed to remain in p<>~scssion if he pays to the Court in advance six months' r~nt payable by him for such patni or tenure or gives security for one ye<\r's rent to the satisfac tion of the Court. If such payment is not marie or securitv is not given the Court may appoint a receiver for the patni or tenure. Sixth.-The Civil Court may direct that any sum in deposit with the Colleciori'undc:r the first or third clause of this section shall be investcd pending decision of the application by the Givil 1 Court and thereupon the Collector shall remit the said sum to the Civil Court for inve~tment. Sevmlh--Notwithstanding anything contained in this section, the zamindar may, at anv time after the sale proceeds ha\·e been deposited under section 9, if sulh sale proceeds are still in deposit and the sale has not been set aside, withdraw therefrom an amount equal to the amount on account of which the sale was made or the whole amount of the sale-proceeds less the one per cent. due to [the State Government] 1, whichever is less, and if the sale is thereafter set aside by the Collector or the Civil Court under this section an amount rqual to the amount so with drawn by the zamindar shall be paid out of the deposit made by the applicant under sub-clause (b) of the fi.rst dause of this sec tion to the auction pur~haser instead of to the zamindar. J Substituted lor "Govt:<rnment by the .\, 0. 1937; the word "State'' aubstitutcd for "l'co~iacial" !)y t\. 0. l%U • • -- - --··-- 1819: Ben. Reg. 8, ] t. 15. Firsi-[On the expiry of thirty days from the date of Delivery f1f any sale made under this Regulation, or if there has been a re ale possession to within thirty days of the original sale if the entire amount of the purchaser. purchase money has been paid by the purchaser, and if no application under section 14A to set aside the sale is pencling.p such purchaser shall receive from the officers conducting the sale a certificate of such payment. The purchaser shall then proceed with the cel'tificate in question to procure a transfer to his name in the cutcherry of the zamindar, and upon furnishing security, if required, to the extent of half the jam a or annual rent, he shall receive the usual "amal dustauk" or order for possession, together with the notice to the raiyats and others to attend and pay their rents henceforward to him.

The zamindar shall also be bound to furnish access to any papers connected with the tenure purcha~ed that may be forth coming in his cutcherq, and should he in any manner delay the transfer in his office, or refuse to give the orders for possession, notwithstanding that good and substantial security shall have been furnished or tendered on requisition, the new purchaser :shall be en titled to apply direct to the court, 3 and he shall receive orders for possession, and shall be put in possession, of the lands by means of the nazir, in the same manner as possession is obtained under a decree of Court: Provided, however, that, if the delay be on account of the zamindar's contesting the sufficiency of the security tendered, the rule contained in section 6 of this Regulation shall be observed. Second.-When the new purchaser shall proceed to take pos session of the. lands of his purchase, if the late incumbent himself,· or the holders of tenures or assignments derived from the late _ incumbent, and intermediate between him and the actual cultiva- Proc~dur~ in tors, shall attempt to offer opposition, or to interfere with the c!l~e of oppo collections of the new purchaser, from the lands composing his ~h10~ to pur purchase, the later shall be at liberty to apply immediately to a · the Civil Court' for the aid of the public ofhcers in obtaining possession of hi~ just rights. ' ------------------------------ ·1 As to the e.xten;ion of the application of s. 15, stt the Bengal Patni Taluks Regulation, 1820 (I nl 1820), s, 2 (3), pt>st. • Suh,tituted for thr words "So soon a~ the entire amount of the purchase money ahall have been• paid in by the purchaser at any sale made under this Regulatton" by lkn. Act IV of 1933. As to the •ubstitution of the Collector for the Court, Jll the Bengal Rent Rrcovcry (Under-1enureo) Act, 1865 (lkn. Act VIII of 1865), s. 3, J•ost. • As to the substitutinn of the Collectu for the Court, see the Bengal Rent Recovery (Undrr-tenurcs) Act, 1865 lBco, Act VIII of 1865(, 1' 3, post, • .. PATNt TA.v Ks [1819: Ben. Reg. S. A proclamation shall then issue under the seal of the Court and signature or the .Judge1 declaring that the new incumbent having, by purchase at a sale fm anears of rent dw! to the zarnin dar, acquired tbe rntire rights and privileucs attaching to the tenure of tlw late talukc!ar, in the state in whtch it was originally derived by him from the zamindar, he alone "ill be rcCol!nized a~ entitled to make the zamindari collections in til<' mufassal, and no payments made to any other individual will on any account be credited to the rai)ats or others in any * *Z suit f, r rrnt t* * * 3or any other occasion whntt-vcr whcu the ~ame may be pleaded. Procedure in Third.-Shoulcl the late incumbent or I tis lat1~ under tenants c~'e of con-continu<" to oppose the entry of the new purch •st.r, notwithstand t~n.ued oppo-ing the issuing of such a proclamation, or should there be reason 'u•on. to appren' en d a b reacI 1 o 1· t h e peace on t I 1 e part o f any one, t I1 e aid of the police-ofliccrs 1\nd ol all other public ofli :ers who rnay be at h<tnd and capable· of aflcml"ng a~~istancc ~h:11l be given to the new purchaser, on his presenting a written application for the same ; and in the event of any affray or breach of the peace occurring, the entire responsibility shall rest \vith the pally oppos ing the la\\ful attt'mpt of tiH· purchaser to assume_ his rights. 16. [Sale of Cm/rr-tm1nes ;or a11ems.] Rej,-hy the Bc1tgal Rmt Rrcat'U)' ( l'ndn-tnums) .lei, lJ/1),; (!Jen.Acl It of 1Bu3). Disposal of ' 17. Fmt.-The lollowi ng rult•S have bN n rnactecl r lr 'the proceeds ol disposal of thr proc•~r.ls of am sal<: mJ.d•· undc·t tht> rul,·s of this sa lea. Regulation. Deduction Second.-One per rent. shall first be deducted from the net O o D f G aC ov C e O - U rn LI . proceeds realized, and ~hall br carric~d to the account of the LState men I. Government I , for the purpose or llH'I'lillg" the ~xpr•mes ol any ("Xtra estahlishmrnts wbich it ma\ he nr essary to 4n'"~intain for carrying into cfkct the prO\ isions of this Regulation. 1 As lo the subitilution of lh · (',nllectuc fo1 the c:ou~t ' r thr Rrn·~ 'll Rent Rrcovcry (ttndcr-tenures) Act, 186~ llrn. -\n Vll I .-1 18/i.) . . ~The words "summary'' which was repeal((] lty tlw Rt-pealing Act, 1874 lXVI of 1874), is omitted. '!he words and figmes ''Drought under the provisions of ~ec ion 15, Regulation VII, 1799, or in any application to ~tay jlroce~s by di,tr:~int, under thl' ruks of R~ulation V, 181 2" which w<'rc repn ed by thr Repraling Act, • 874 (XVI of 1874), J rc omitted. • As to thr extenston of the application of 3. ,7, see the Ben•~al l'atni Taluks R,.gulation, 1820 ([ c·f 11120), '· 2(3), j•ost. 'The words "the Provinc.al Government"' mLstituted for "Gove-rnment" by A. 0. 1937, the word" Pro\ incial" has .tgain bten submtuud uy ''State'' by the A. Q. 1950. • * •· - - ---- ,._•.S.. 1819: Ben. Reg. 8.] PATNI TALUKS 71 Third.-The balance on account of which the sale may have P been made shall next be made good in full (with interest and all za~~da~ to charges incurred in bringing the taluk to sale) to the zamindar or • other person to whom the same m1y be due: Provided, however, that no former ha.lances, beyond those of the current year (or of that immediately expired, if the sale be at the commencement of the following year), shall be included in the demand to be thus satisfied. Such antecedent balances, if the zamindar shall have omitted to avail himself of the process within his reach for havin~ them satisfied at the time, will have become in fact mere personal debts of the inJividual talukdar, and must be recovered in the same way as other debts by a regular suit in the Court. Fourlh.-Any I"XCess that may remain after satisfying tbe Disp?sal on demand of the zamindar, in the manner above described shall be rema•nder · forthwith sent by the officer conducting the sale to the treasury of the Collectort or Assistant Collector of.the district, to be there held in deposit to answer the claims of the talukdars of the second degree, or of others who, by assignment of the defaulter, may be at the time in posse~sion of a valuable interest on the land com• posing the taluk sold or on any, part of it. • Fifth.-It sh:tll be C'>'npetent to 1.ny one conce•vmg himself Under-ten· to pos~ess such an interest to bring forward his claim to the price ants free to he may have paid for the same, or for a just compensation for the pr<?secute forf 1o ss susta·m ed lJ Y h1. m t· n consequence o f t I1 e saI e, b y ·m st·t tutm· g tphneicre i utcre 0 s t a regular suit at any timt> within two months from the date of or colllpcn- sale. aation. If the Court shall, on investig-ation, consider the plaintiff's claim to be an ~'luitablc one, the Court will award to the clai mant either the price he may have originally paid, or the value of the interest at the time of sale, or any ~ther amount that may be deemed just and equitable under all the circumstances. Ifthere he more daimmts than one, payment shall not be made from the dep~~il until the whole of the claims be settled ; and, in case the value asses•ed upon the whole should exceed the amount in deposit, such amount shall be divided propjlrtionately, and the remainder stand as a personal debt against the defaulter, to be realized from him by the usual process for the execution of decrees. • • l In Assam, the Deputy Commissioner. As to exercise of functions of D~puty Commissi·Jner~. se6 the Assam Lanri and Revenue Regulation, 1886 (I of 1886), Chapter Vll,j,ost. 72 PATNI TAI.UI\CI Sliue it i f nuontd etro- s 1 · x/ h . - p rov1' de d , 11 owevct., t 11 at no taI u kd ar o f t h e second tenant be degree 01 othl'r possessor of an as~igned interest upon the land of himself titn the tenure sold, who may be holding under a stipulation for the arrear f payment of an annual amount in the way of rent, shall be entitled time 0 51 e. to recover compensation for the loss of such tenure or assignment upon its beroming cancelled by .~ale of the superior taluk, except after exhibiting proof that the whole amount of the rent demand able from himself has bren paid or lodged for the purpose prior to the date of sale. St'Vfnth.-Should no claims upon the purchao;e-money of a \\'hen de- taluk sold a~ above bt• brought forward bv anr under tenants or faull('r to assignees withir1 tht• period oftwo months frl)m the date of sale, rec('hc ex- or should be amount claimed by those who may have sued not ~~:im i un-equal the enti1e dcpo it, the defaulter whose tenure may have e · been sold shall be :1t ltbcrty to petition the Court for the amount so held i11 depo~it, or for the excess thereof, as the case may be, and he shal11 ect·ivc a certificate under the sale of the Court, of there being no claims to afford ground of detention for the whole or any part of the deposit ; and, upon exhibiting such certificate to the Collector/ the· amount set free thereby shall be paid to his receipt. In the same manner, upon executing a decree passed in favour of any under-tenants or a~ignees, they shall receive certi ficates under the se.\1 of the Court, declaring the amount adjudged to them out of the cleposit ; and upon exhibiting these certificates the .tmotmt :;hall he paid severally to their receipts by the Collec tor.' . . Ei'ghlh.- It shall be competent to any party interested in a .Substitution deposit to withdraw tht· whole or any part thereof on substituting olllfc n G t a o c v c e u r r n i- - G ovcrnmcnt secun · t t · e s, b ean · ng t · nterest, t · n J 1 ' eu o f t h c money so tie• for cash held in deposit ; such sccuritie• to be taken at the rate of discount in depo•it. or premium of the day • • * l 18-l~. [Ruks regc1rding attachmmt of la11d of defaulter, Jummar; i'rocus against person of dtjau/ter. J Rtp. by the Bmgal Rmt Act, 1859 (Act 10 of1859). -------------------------- --- tIn Assam, the Deputy Commt,,ioncr. ,\, to ex.ercise of functions Deputy Cnmmissionen, J'l the Assam Land and Revenue Regulation, 1886 of 1886), {.hapter VII, post. l Thro worcL. "as shown by the Government Gazette lasr f('Cdvecl," which were r('p<.1le<l by the Amending Act, 1903 (I of 1903}, are omitted. -------- - --