DOI Page / Citation link:
https://doi.org/10.11588/diglit.34369#0111
A.D. 1841.]
ACT 1.
101
putteedars in putteedarry estates, and in not defining the interest intended
to be conveyed by public sales of such estates.
II. A putteedarry estate in this Act is held to be an estate which con-
sists of two or more separate portions or puttees, or of which there may be
proprietors possessed of separate properties and holding direct of the
Government, but not parties in their own names to the contract with the
Government for payment of the public revenue. The proprietor who is a
party in his own name is called a lumberdar ; and the proprietor who is
not a party in his own name is called a putteedar.
III. It is hereby enacted, that the following modes of duress may
be enforced against all putteedars whose tenure and interest may have been
defined by a settlement formed according to Regulation VII. of 1822, as
modified by Regulation IX. of 1833, whether every such putteedar be in
sole occupation of his puttee, or hold it in common with others.
1st. Issue of dustucks in the same manner, and under the same limita-
tion, as authorized by the rules in force for lumberdars.
2nd. Arrest, detention, imprisonment, distraint, and sale of personal pro-
perty as now authorized to be enforced against lumberdars.
3rd. Transfer of the defaulting puttee in perpetuity to the members of
any other puttee which may not be in arrear.
4th. Annulment of the settlement as regards the defaulting puttee, and
lease thereof to the members of any other puttee which may not be in
arrear, or to a stranger for any term not exceeding fifteen years.
5th. Sale of the defaulting puttee by public auction; in which case the
members of the remaining puttees who may not be in arrear are authorized
to bid.
IV. And it is hereby enacted, that on occasion of the sale by public
auction of any puttee, if the lot shall have been knocked down to a stranger,
any putteedar or other member of the coparcenary not being himself in
arrear may claim to take the said puttee at the sum last bid, provided that
the said demand of pre-emption be made on the day of sale and before the
, collector shall have left the office, and provided that the claimant fulfil all
the other conditions of the sale.
V. And it is hereby enacted, that the above methods be employed by the
collector or other officers vested with the powers of collector, under such
limitation and control as Government or other superior revenue authorities
shall see fit to prescribe or enforce.
VI. And it is hereby enacted, that the sale of any puttee by public
auction shall be effected in respect to the notice to be issued, the autho-
rity to be obtained, and the mode of conducting the sale according to the
rules prescribed by law from time to time for the sale of an entire mehaul,
and the puttee, after the sale shall have been duly confirmed, shall be the
absolute property of the purchaser, save and except the rights of those ryots
whose right to the permanent occupancy of their lands may have been
recognized, and the rates of rent payable by whom may have been adjusted
and recorded at the last settlement.
Putteedars' right of
pre-emption.
Sale of puttee, how
to be effected.
ACT 1.
101
putteedars in putteedarry estates, and in not defining the interest intended
to be conveyed by public sales of such estates.
II. A putteedarry estate in this Act is held to be an estate which con-
sists of two or more separate portions or puttees, or of which there may be
proprietors possessed of separate properties and holding direct of the
Government, but not parties in their own names to the contract with the
Government for payment of the public revenue. The proprietor who is a
party in his own name is called a lumberdar ; and the proprietor who is
not a party in his own name is called a putteedar.
III. It is hereby enacted, that the following modes of duress may
be enforced against all putteedars whose tenure and interest may have been
defined by a settlement formed according to Regulation VII. of 1822, as
modified by Regulation IX. of 1833, whether every such putteedar be in
sole occupation of his puttee, or hold it in common with others.
1st. Issue of dustucks in the same manner, and under the same limita-
tion, as authorized by the rules in force for lumberdars.
2nd. Arrest, detention, imprisonment, distraint, and sale of personal pro-
perty as now authorized to be enforced against lumberdars.
3rd. Transfer of the defaulting puttee in perpetuity to the members of
any other puttee which may not be in arrear.
4th. Annulment of the settlement as regards the defaulting puttee, and
lease thereof to the members of any other puttee which may not be in
arrear, or to a stranger for any term not exceeding fifteen years.
5th. Sale of the defaulting puttee by public auction; in which case the
members of the remaining puttees who may not be in arrear are authorized
to bid.
IV. And it is hereby enacted, that on occasion of the sale by public
auction of any puttee, if the lot shall have been knocked down to a stranger,
any putteedar or other member of the coparcenary not being himself in
arrear may claim to take the said puttee at the sum last bid, provided that
the said demand of pre-emption be made on the day of sale and before the
, collector shall have left the office, and provided that the claimant fulfil all
the other conditions of the sale.
V. And it is hereby enacted, that the above methods be employed by the
collector or other officers vested with the powers of collector, under such
limitation and control as Government or other superior revenue authorities
shall see fit to prescribe or enforce.
VI. And it is hereby enacted, that the sale of any puttee by public
auction shall be effected in respect to the notice to be issued, the autho-
rity to be obtained, and the mode of conducting the sale according to the
rules prescribed by law from time to time for the sale of an entire mehaul,
and the puttee, after the sale shall have been duly confirmed, shall be the
absolute property of the purchaser, save and except the rights of those ryots
whose right to the permanent occupancy of their lands may have been
recognized, and the rates of rent payable by whom may have been adjusted
and recorded at the last settlement.
Putteedars' right of
pre-emption.
Sale of puttee, how
to be effected.