The Partition of Revenue-paying Estates Act, 1863
Central Act · Act 19 of 186357 provisions
The enactment
| Long title | An Act to Consolidate and amend the Law relating to the Partition of Estates paying Revenue to Government in the North-Western Provinces of the Presidency of Fort William in Bengal. |
|---|---|
| Type | Act |
| Citation | Act 19 of 1863 |
| Year | 1863 |
| Jurisdiction | Central |
| Ministry | Ministry of Home Affairs |
| Status | In force as published by the source |
| Provisions published | 57 |
| Subjects | property |
Full text, provision by provision
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- Section 2 Future Partitions to be made under provisions of Act.
- Section 3 What Parties entitled to partition.
- Section 4 Parties desirous of partition to apply to Collector in writing.
- Section 5 Application to be signed, and certain particulars specified.
- Section 6 Procedure of Collector on receipt of application.
- Section 7 In case of valid objection being made within time allowed, application may be refused.
- Section 8 Procedure if question of title, or of proprietary right, be raised.
- Section 9 Decision of Collector equivalent to decision of civil Court, and open to appeal.
- Section 10 Special appeal to Sadr Court..
- Section 11 Civil Court to entertain suits only on appeal from decision of Collector.
- Section 12 Notification on partition being ordered.
- Section 13 Partition by whom carried out.
- Section 14 Assessment and levy of costs incurred in making partition.
- Section 15 Partition may be stayed, and proceedings quashed, by Commissioner.
- Section 16 Procedure after lapse of period mentioned in notification under section XII.
- Section 17 Examination of parties and their papers.
- Section 18 Options of settlement by private agreement.
- Section 19 If parties cannot agree as to arbitrators, latter may be appointed by Collector.
- Section 20 Appointment in place of arbitrator refusing, or being unable, to act.
- Section 21 Powers of Collector with regard to arbitrators.
- Section 22 Particulars to be specified in partition paper.
- Section 23 Remuneration of arbitrators.
- Section 24 In default of award by first arbitrators, partition may be referred to others.
- Section 25 In default of Private agreement, or settlement by arbitration, officer may be appointed to make partition.
- Section 26 Who shall summon proprietors by proclamation to attend proceedings.
- Section 27 Estate may be attached and brought under khas management under superintendence of officer
- Section 28 Procedure in case of arrears of revenue accruing during course of partition of estate.
- Section 29 Power of officer charged with partition, in respect of measurement, &e .
- Section 30 Division of lands held in common.
- Section 31 Collector may refuse to separate lands in certain cases.
- Section 32 Where no lands held in common, lands in severalty may be declared separate estate.
- Section 33 Sharer failing to attend after proclamation, liable to forfeit right of objection.
- Section 34 Partition may be stayed if parties so desire.
- Section 35 Estates formed in course of partition to be as compact as possible.
- Section 36 Revenue to be assessed on each divided estate
- Section 37 Circumstances to be considered in making partition
- Section 38 Rule when dwelling house belonging to one sharer, is situate on ground to be allotted to Another sharer
- Section 39 Rule as to tanks, wells, water-courses, and embankments.
- Section 40 Rule as to places of worship.
- Section 41 Particulars to be contained in paper of partition to be submitted by officer making same.Map to be also submitted.
- Section 42 Procedure of Collector thereupon.
- Section 43 Commissioner may confirm or modify partition, subject to appeal to Board of Revenue ; andmay direct division by lot, under certain circumstances.
- Section 44 Procedure by Collector on receipt of order of Commissioner, or of Board of Revenue on appeal
- Section 45 Government may order new allotment of public revenue among estates formed by partition, in case of fraud or error in original allotment being proved.
- Section 46 Consequence to party having interest in estate, if he neglect to affirm or establish such interest while estate under attachment with a view to partition.
- Section 47 Holder of decree of civil Court, awarding right to portion of estate, may apply for partition, and Collector may proceed thereon under Act
- Section 48 Union in certain cases of severed portions of estates originally undivided.
- Section 49 Application for such union how made, and how dealt with.
- Section 51 Provisions of Act applied to partition of estates held free from payment of revenue.
- Section 52 Control of Collector’s proceedings under Act.
- Section 53 Orders of Collector when open to revision by superior Revenue-authorities.
- Section 54 What other officers may exercise power vested in Collector.
- Section 55 Power to be exercised by Collector, or officer appointed to make partition.
- Section 56 Power of officers exercising jurisdiction under Act, with regard to false evidence.
- Section 57 Board of Revenue to be guided by instruction of Local Government.
- Section 58 Interpretation.
- Section 59 Territorial scope of Act.
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