Amendment status not verified — confirm the current text below against the official source.
[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). ' 17. Fmt.-The lollowi ng rult•S have bN n rnactecl r lr 'the disposal of thr proc•~r.ls of am sal<: mJ.d•· undc·t tht> rul,·s of this Regulation. Second.-One per rent. shall first be deducted from the net proceeds real ized , and ~hall br carric~d to the account of the LState 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 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, 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 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 1 · d l h. · f I I b · · · pnce 0 oss sustame JY 1m tn consequence o t 1e sa e, y mstttutmg their iutcrest 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 s· h p 'd d 1 . 1 I d f h d lie if under- 1x/ .- rov1 e , 1owevct, t 1at no ta uk ar o t e secon 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 Govern- G · · b · · · J' f h lllcnt accuri- ovcrnmcnt secunttes, eanng tnterest, tn 1eu o 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. -------- - --