Section 4 of The Bengal Land Revenue Sales Act, 1859
Provided that in the district of Sylhet, the Collector may be authorized by the Board of Revenue to proceed in the first instance by the distress and sale of the personal property of defaulters, instead of by the sale of their estates.
Summary
- This section creates a specific exception to the general rule of selling estates for unpaid revenue, applying only to the district of Sylhet.
- In Sylhet, the Board of Revenue can authorize the Collector to take a different first step when a landowner owes money.
- Instead of immediately putting the defaulter's land up for auction, the Collector can seize and sell the defaulter's personal property first.
- This protects the estate from being sold if the personal property covers the debt.
Practical examples
FAQ
1. Does the government have the right to sell my personal belongings instead of my land if I miss a payment?
Yes, but only if your estate is located in the district of Sylhet, and only if the Board of Revenue has authorized the Collector to do so.
2. Who decides if personal property can be sold first in Sylhet?
The Collector must be authorized by the Board of Revenue to use this process.
3. What is the benefit of this rule for landowners in Sylhet?
It allows them to potentially lose movable, personal items to clear their debt rather than permanently losing their entire land estate.
Test yourself
Q1.Under Section 4 of The Bengal Land Revenue Sales Act, 1859, which specific district is granted a special exception regarding the recovery of arrears?
Q2.Under Section 4 of The Bengal Land Revenue Sales Act, 1859, what action is the Collector authorized to take in the first instance?
Q3.Under Section 4 of The Bengal Land Revenue Sales Act, 1859, who must authorize the Collector to proceed with the sale of personal property?
Q4.Under Section 4 of The Bengal Land Revenue Sales Act, 1859, what process is the distress and sale of personal property used INSTEAD of?