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 ~imil ar 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.


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PATNI TALUKI! **[1819:** **Ben. Reg.8.**

12. Above rule to take effect retrospectivel y.

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 adva nced

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 _[Repealed.]_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.

_Sll_

Fifth.-Under-tenants free to pro~ecute for pnce of their

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


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I. **1819:** **Ben. Reg. 8.]** PATNl TALUKS 55

BENGAL REGULATION 8 OF 1819

(THE BENGAL PA1NI TALUKS REGULATIO N, 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 rent* *ll.
 :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-

_SII_ the Assam Land Revenue Manual, 1931, Introduction.

**:ir**

          - 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).


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56 PA1NI TALUKS [1819: Ben . Reg. 8.

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~si ng of the two Regu lations

last mentioned, h ut, notwithstanding the abrogation of the rule
which declared such arran~ements null and void, and the aban-
don ment 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 Regulati ons, whether tt'·

nures at the time in existence and held, under cow nants 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 perpetu ity, 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 an y 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 ber n 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 o ther operation leading to th.: in traduc-

tion of another tC'nant, ~uc lt 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 ~a gem e nts 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.


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**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~ovision s aa have appeared calculated to protect the und er-
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 monthl y _kists_ to Government,
it has         - em~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.


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#### -

58 PATNI TALUKS (1819 : **Ben , R eg** 8

The followin~ rnles have a<.:('ordingly been e nacted by IT i~

Excellency the Most Noble the Governor-General in Co u ncil,
to take effect from the date or their prolllulga tion 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

petuity or forent m per-rt h e fi xmg . o rf ent now 1n t'XIStcnce t 1at . I mav I l <t vr I )een grante< l

more then ten or roncluded for a term of )'l"ars or in perpetuity by a proprietor
yean, valid, under engagemen t with ltlte Covcrn~cntp or other pr r son com-

though rx me, shall Le dccmt d good and           - ali cl tcnurr-s,
ecuted w 111 1e [-][ petcnt ]d. [to ][gr][ant ]I [tlw ] [~a ] . I                 -
acct i 0 n 2 accor mg to t \e terms IJ( t tt covcn·\ll·~ or l"n t•; ~c mcnts tnl!'r-

Regulation ' changed notwithRtanding that the same m.ty have been cxccutul
14, _1 7 9 3, before the passing of R('gulation fi, Hl l :.!. [2 ] and '' hile rht- rule.,!

waatn 'orce. section 2, Re~ulation ! I , 17' _.$_ _._           - which limi tc·d the period fm

which it was lawful to gran t such cngaw·m• nts ln cen ye<~rs, a nd

declMed all that mu~ht b~ rn•t rrd into lor .t long-!:'r term to be

null and void, was in full Ioree anti efrect ; and lOtwithstanding-

tha t 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-
p ri etors or estates payin~ l'f'Vf'tl U (' to rthc GovcrnmcntJ 1. fr om
the liability to be ca ncelled on sak of the                - id (" rates for arrears
of the sairl revenue                 - * -~ ' unle~s cspc~rially rxempted

from such liability !,y the ru le in question, or by a ny other specific

rule of the Regulati ons in Ioree.

P a t 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 th ey a re hf'!d. The> arc herit«bll" bv

r b 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 .t nswerable lor Lis pen.onal debts
a nd subject to the proc<'ss of the Courts of Jud icature, 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~ t heir 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 sr tch 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

operate to the prejudice or 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                       -

.<\•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~ulat ion XLIV
of 179:1," which Wl"rr r!'pCakd by thl" Rc:-pralin~ Art. 1874 ("<VI of I R7 1),

a re om•tted.


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**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 escnpuon . . a u e ll d d to m . t h e I 1rst cause I o t f I . us secuon, . 1l . dable re not VOlfor ·

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:C! un~tler

JOye . d b y h" 1mse , as If exp l . ame d . 10 t h e pream bl e to t h" 1s R egu l a- deeds 'Jml 1 ar cotl 11fer e

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~ded
patru ta u s 1 [fokr ]
grantor o sue f h un d 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 establish ed usag(, the zamin- but may

dar or other superior shall be en titled 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 t he 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 sh all be entitled to have his
name registered a nd 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 151 Regulation VI! 1 [1799, ][for ] [lcq][es ] [conveying ][a limited interest in ]

the land," which were repealed 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,


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60 PATNI T AUJlt S [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
transfer ull 1. d d d
fcc aud 3ecu- ue ten ere an 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' zaminda r,
and the party tendering it shall be dissat i ~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

frac tional portion of a patui taluk, nor to any alienation otlwr
th an of the entir:: intere'lt · fo!· no apportion me~ t of the z:tminda r's

r~erved. rent can he allowed to st:wrl good un less wade under
h1s speCial sanction .

. Upon pu~- . 7. In case of the ~al e or:\ pa tni tenure in CXt>cu tion of a.

he sa~c, tf JUdgement of Conrt I if the rurchascr rh n()t, wi thi 11 the· period ol

                 - ender ecurll y 1\c d 0t one mo~t 1 I' 1 rom t h e sa 1 e, con f' o rm to l 1 H~ rn 1 ··s ol · ~ecuon · " ;.) o 1· t J • • liS

within one RegulatiOn, in order to ob tain the tr'ln sl'cr of his tenme hy the

m'!n t h, za· superior to whom the ren t fixed upon it i~ p:ty .. hk, the zam inrlar

mmdar ~na y or other superior shalt he entitled, of hts own at tlh•wity, to send

.attach. a sazawa I to attar: } 1 anu -' I 10 !-' ., P''''''SSton . nl t . I 1e 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 t l,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 att ach 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 th e risk of the pctrchasers : conse-

llave c ec: [0 ] h 1· I
q uently after deducting the rent due and l e expense o attac 1·

tnut. mg, · any ' surplus that may be ytelded by t!1e co 11 ectton~ · s a h 11 I )e

held in deposit for such purchaser: but, tf the collccuons for t~e

time fall short of the rent 1 the ten•1re and person of the propne-
tor shall be liable in the same manner as if no a ttachn11ent 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 .


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. 8 1819: Ben. Reg. 8.) PATNl TALUK3 61

18. First.-Zami nd<~rs, th..tt is, proprietors uudcr direct za10indars

eng:1gements with the> G;,vernmcnt "shall be entitled to .tpply in allowed sales
the manner lull,>willg lor pc1 iuclical 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 I Je<·n s pec .• t II y reserve d I JY [· ] sttpu atton tn t e e n ga~e- arrt·ars i~ re-

tr- ments intercltangl'd 011 the t:reatitlll or the tt:uure. srrved.

ar, The exet"<'tSt' of this power shall nor. be confined to cases in

~c­ which the sti Jufa[ion lor sal:- nnv have                      - been unrestricted in

or rega1d 10 tin;c , lJ\11 ~hall ~ippl~ . equally tO tCIIU fC~ 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 lhisa kh, "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- due, the za•nind:.tr snail present a petition                     - • * 1 to the for. on lir-~ of

. . . 'fi . .. b l l B:makh.

n) C o 11 ector " cu.natt•wg a spec1 cat1o11 ot any a auces t1at rnay

It" I be due to him on account of the expired year, li·om all or any

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 no tice that, if the amount claimed be

a not paid hcfOit' the first ofjt>th " followin~, the l t'llUI'I'S or the
###### or defaulte1s wtll un that day be sold J,y public sa l·· iu liquida-

his tion.

h("

Should, bowcvcr, the fir~t of Jetlt " fall on a Sunday ur

Ltr

holiday, th e next s ubsequent day, no t a holicl::J.y, shall ht- selt:cted

ncl

instt:ad ; a similar notice shall be stuck up at the sadar cutchery

he

of the zamindar himself, a11J a copy or extran of s uch part or

the notice as may apply to the individual case shall be by },im
sent to l>e similarly published at th t• 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 answe rable 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 1he officer who should conduct ,ales of l::::s-··~; 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~a l 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•s trict, 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~g ulati.,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 fo r 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 Kartik [1]                 -

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 a ny 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

part of May.

' The month 0 1 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.

                         - s 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.]** P ATNI TALUKS 63

###### If the fifteen per rent. be not paid in cash, or in •[currency

notes), within two hours of the sale, or an ect ui valent amount in
Government S•'Curitics be not lodged, the lot shall be re-sold on
the same day, a nd , if the remainder of the pu rchase-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 throug h the hazar
of the sadar stati<,n of the zila, C:Lfter which th e lot ~ h all he re-sold

at the appnintcd time at the risk of the fi r st purchaser, who sha ll
forfeit the advance of lifteen _per_ _ce11t._ a lread y mad e,       - * 2 and
be furtlwr an-;werable lor any sum in which the proceeds of th e
second sale may fa ll sho rt of the an tfee d ent one ; such deficiency
to be levied bv the proo·ss lilr tht! execution 0 r d ecr ees of th e

Civil Court~ .

10. At tlte tiutc olthe ~a l e the notice previously s tuck up in F onnsto be

the cutchc•ry sh.dl lJ" taken down, and tlw lots be ca lled 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 zami nd.tr, with a

particular ~tate mcnt qf the pavm c ut~ 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
statemen t poduced shall have bren inspt>cted, aucl the existencf!
of.a balance ror the year ascertain ed therefrom, nor untii the

receipt for1the notice shall have been rt~ad ; the ubserv.t n ce of

which forms shall be recorded in a separate rubaka ri 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 R egulation, the kistb.1ndi of the defaul t-
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 p lace

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 sha ll 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 ta luk or saleable.

bef ~olcllree tenure -that may be disposed of at a public sale; under the rule~

brance 0 meum· hy a 1o f I · R t liS egu I · .lt;on, for arrears o f r                 - nt d uc 011 account o f · · tl, 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, unl e e
th e rig ht of making such incumbrances shall h 1ve been express!} d
written vestcrl in the hold er by :1 s tipu lation to that effect in thq

engagement$ u nckt wh ich the said t :~lt tk may h.we been held. tl

ti
r

No translc r hy salr, gift or nthr-rwi•r, 110 motlg·l.L;" of nthe~ 0

!united assig11mrnt, slt.tll be permitted                  - ltar the inrlrfe;~~i hl~ a

right of the z.unindar to hold the t enure 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 tra nsfer orj b

a~s i g nm cnt should have been made with a condition to tha t 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 w ith the h<Jlder or thr for " er tenure, if creative of ' 0
after sale. mt .dd I . e mterrs t >etI ween l l(" I n·s111cnt . .J cu I . ltvatnrs an d t 1r all" I I p roj s

prietor, must be considered to be cancei iC'd, C"'<Cept the au thoria t

to g ram them should have been sp··ciallv tratt~ferred ; th

po ssessors of such intere~t mus t consequcnty lose the right

hold possession of the land :"''I to collect tl1c rent~ l)f l hc raiyats r.
this having hcen et•jOy•·d merel y in consequence of the d efau lt er~ a

assignm ent of a certain portion of his ow n 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 cJ ntaincl d

in fav·mr of shall be cons trued to e ntit le the purchaser . of a taluk or othe: d

_bn"a fidc_ en~ah· saleable te nure intermediate between the 7.arni ndar a nd actu~ I

ijl:raiyatate uts 1 • w•t cu l · ttva tor~ to I!J. CCt <\ k hu J ast ca. · ty.tt or rc.:~t ·d cnt an d 1 1ere d · ttaq I

eu lti v,Hor, nor to ca ncel _b.ma (idl'_ enga~·~ment s made w!th 3uq s.

tcuams by the late incumbe nt or his r.·pre>cntative, except it _It_ r.
proved in re!-(ular suit, to he broug ht by such purchaser, f(Jr t~ 0

adjustment of hi ~ rent, tha t a higher rate WQU!c! have bees f

demandabl e at th e tim1: such engage ments wet e contrac t:..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 zam in·kr's rcsc-n ed re01 s

tlvely. will equally app ly to the case of taluks, heretofore sold, as ~ a

th os~' that may be sold henceforward, if 1111, ~.\lc sha ll h il.ve bee:

fair, and the process observed in conducti ng it shall have betf

that recognised and in use in the district at the time of selling. c

ProVI5n. Nothing, however, herein con ta in ed sh.tll opera te to t

prejudice of any agree ment, express or implied, now subsis t i~

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; 1t

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

dered to applv to am private transier bv a talukdar of his own app!y t to
inte re~t, nor to . a pu t' >he . sale m . exer uuon . . o a ( r· I egrec, nor to the p trawfer. r I v a e

1 case of a rel inquishment by the tal ukdar in favour of the zami n-

. d ar, nor tu any act or!_(inating with tht' former holder, other

than default as al~1resaid : .tl: such operations invu lve o nly 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. righ ts of tht· !OJlliCJ leu nt, such as they may be, a nd 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

'· urou~; h . t up~n t I w I 10 ld t r o 1· .1 t L I k u · o I I t It'                            - on< I I c ec~ce 1 Jy t h e under-tenant allowing

operatiOn of _tlw_ pre1 edm~r rules , 111 cas..! the propnetor or the means of

superior tenure pur posdy \Vith holds 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 m eans tentaant may
ofsav. . m ~tH·te·tcntJl<·s I . f' mmtteruI rn . tat h must a tten d such a s y                 - 1 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 a rrears of

n·nt duc IIJ the zaminder, the talukdat~ of the               - cond degree, of
any number ol them, slr.tll be· entitled to s tay the hnal sale, by

payin~ i Jlll) COUll tllt' ollllOUnt of b,tfauce that may be declared

I

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 sha ll be entitled to

lodge money atlt«'Ctdcntly, ffJI' the pur pose of eventually answer-

###### 1 r· 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 m a) h.tve lodse.! it.

_Tl.ird_ !J the ar uotJut "> 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 "' •t kin~ the depo;,it, aud the amount laodmound tbe.
sh.tll Ut' L~rrred · lO th1 et<t.:(>lllll ol he te11111 t or l~nants lodg-rnj:{ . it, rent due ge from mg
and be cfedurlt'd f10111 oiii V 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 .. gu),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 t he whr)!C _nC the rent 'lue lr 1m_ '1ims lf r th rns-:lvc<, ~o tktt

from a vanprhe            - te _t I 1e amount_ I I oc ged . IS an :v 1 vance t' 1om prn . rtr' r· u .t l , _aw l_ not a

_funds._ disbur sl'ment on account qf the sai l rent, ~l'cl t 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 ~~~ p r ~' ­

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!l nrtg •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           - ler to

rerovcr tlw <'mom t o 'v.mr J Jru n ttrv profit~ bdon•(ing
thez cto.

###### If th e (lt-f.·\lliter slwll cil'.s'rc U• 1 r, \ 1 lti trnurc- f:m n tiH·

hands of th(' pcrso 1 or rc·r~ons who, by Ill lkin ~ the acl\',1n('r', may
h a\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)tnfll t 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             - ltihi i1 pto .J, in ;r rc••uhr ~ riit ·tr•

bl" instituted forth<' p'l1 J()                    - t h"t the lllll :1n 'Jill t                    - advanc('d,

with intr rn~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.J [1].\llC cl lr1rtl b\· 1 z.llninclar on

be ~ta>rd accm nt f h rent of any unc!ct-tcnure rl'lfl;JO n         - n ,.Lie! upon the

utl.eS!I ~rr('~ day fixed fnr t il\'~ lc oftlie tr11ur• . the ~ale,· alii e lll'lt' 11iH1r,u t

f~~~. rescn·e' in thl' ll1 nn,.~ provi lf'd lot i 1 • rt ;on 'I and _I('_ ( f .:thi~:

Rf'rruhtion :nor sh 11 lt t ( tl) cd or p tpon d C'P 'l'lV :wrnnnt,

unlc~s t he amount o the cicrna.ttl _lw_ lodgul.

. Dut SU it .to It shall lto\\CVCI be _) 'lp_ tent [1]0 <lll'Y P· rly rte trnus of con-

~e for IU testing the righ t of ft, zar.und,tr to rn lkf" the S,ll• , wrthe r 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 t he s;unc, itt1d,
upon es tahli•hin•Y a suffic'tnt pka, tu ohtain a ,J,,, _rt't·_ w ith fi tll

Co3ts a nd 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 zarn indar's d emand of . n\       - n , , 1~ "I i       - I in tlte :wt ic•·

~or su ':lmt~ry adv,•rtisul, ~uch taltlah1· ' l ' _r_ >Ill t nt l:l n Jt.., for r Glllll-
m vauga 11 •n.     - . .     - I · 1     - 1     - 1
Sale not to m a ry lllVl:Sttg:tllO!I tl a lY I H• \\ t 11!1 l IC 1 < 1 .or r I ll<'lllt; ; t 1<'

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:

clarn?u~~ atm,;u b e award mav, ' if possible, be made bdine the dav appni ntcd 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 agen t 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 t he 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
th e talukd a r 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 und er section l                      - .\ )U.

. Procedure
"[ Hr\. Fil11--lt shill br•                     - ompt:l''OL to                     - dcfaulting patm• for setting

d.u of ,, pa tni 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 a n interest in such

taluk or l~r.un in \ rluc o ti I · ncquu ed before the s.t! · of the

tahtk or t cnurt' 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 tenu re 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,

_(h)_ a Slllll ol' Jlll( l('} qu I to thf' llllOtlllt on account or

\\hie!•· the s I~ h., l•t:"ll mule togl'ther with interest

.wd nl! d11r ,. incurrc:J in bt inging t'•c tal uk 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               - to set a ilk the salt; the Col-

lc.ctoJ sho.lll                      - rve a nut11 t 011 tis zamind r ami tht! auction pttr-

Lhas<'l' fixing a d.ttc lor h •aring the sa tm•. ,

_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 und er this section

without t 1 c < 'H ~'lit ol t [1 ] 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 ·                 - 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

s io~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 a nd 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 ha ving 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 as id ~ the sale,
and shall pass such fu rther orders reg arding the disposal of the
money deposited by the applicant, the refund of the purch<\se
money, the payment of costs or any other ma tter arising out of
the application as it thinks ht.

The Civil Court may, at its dist:retion, m ake ~uita bl e 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 investcd1pending decision of the application by the Givil

Court and thereupon the Collector shall remit th e 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 pa id 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 ~h 10~ 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 obta ining
possession of hi~ just rights. '

###### ------- -----------------------

                                    - 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
Regul atton" 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 K s **[1819: Ben. Reg. S.**

A proclamation s hall then issue unde r the seal of the Court

and signatu re or the .Judge[1 ] declaring that t he new inc u mbent

having, by purchase at a sale fm anears of rent dw! to the zarnin-

dar, acquired tbe r ntire righ ts and pri vileucs attaching to the
tenure of tlw late talukc!ar, in the state in whtch it was origi nally
derived b y him from the zamindar, he alone "ill be rcCol!nized

a~ entitled to make the zam ind a ri collections in til<' mufassal, a nd
no p aym ents made to any other individual will on a ny a cco unt be
credited to the ra i)ats or others in any                - _*Z_ suit f, r rrnt

**t***                     -                     - 3 or any other occasion whntt-vcr whcu the ~ame may

be pleaded.

Procedure in _Third.-Shoulcl_ the late incum bent or I tis lat 1~ under te nants

c~'e of con- co ntinu<" to o ppose the entry of the new purch •st.r, notwithstand            -

t ~n.ued oppo- ing the issuing of s uch a p roclamation, or should there be reason

'u•on. to apprenen ' d a b reac I 1 o t 1· h e peace on t I 1e par t o f any one, t 1e I

aid of the police-ofliccrs 1\nd ol all other public ofli :ers who rnay
be at h<tnd and capable· of aflcm l" 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 ent ire responsibility shall rest \vith the pally oppos-

ing the la\\fu l 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_ loll ow i 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 th is

**sa lea.**

R egulation.

Deduction _Second.-_ One per _rent._ shall first be deducted from the net

OD aCCOUL I

proceeds real ized , an d ~ h all br carric~d to the account of the LState

of Gove-rn .
men I. Govern ment I , for the purpose or llH'I'lillg" the ~xpr•mes ol

any ("Xtra estahlishmrnts wbich it ma\ he nr essary to 4 n'"~inta in
for carry ing 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, 1 86~ 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•~a l 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.]** P ATNI 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

dem and of the zamindar, in the manner above described shall be rema            - der ·

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

1 oss sustame · d l JY h. 1m tn consequence o t · f I 1e sa I e, b y                       - mstttutmg ·                       - their pnce iutcrest 0

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

Suit not to lie if under- _s· 1x/ h .-p rov1 'd e , 1owevct, t 1at d 1_ . 1 no ta I uk d ar o t e f h secon d

tenant be degree 01 othl'r possessor of an as~igned interest upon the land of
himself in the tenure sold, who may be holding under a stipulation for the

arrear f _tt 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
of lllcnt Govern-accuri- G ovcrnmcnt secunttes, · · b eanng · tnterest, · tn · J' 1eu o f h t 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.

###### -------- - --


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