Partition of Revenue-paying Estates Act, 1863
Bare Act · 1863
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. Preamble.--.
- Act number
- 19 of 1863
- Enacted
- 10 March 1863
- Contents
- 59 sections
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Contents
- Section 1 – Repealed
- 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 (preview)
- Section 7 – In case of valid objection being made within time allowed, application may be refused (preview)
- Section 8 – Procedure if question of title, or of proprietary right, be raised (preview)
- Section 9 – Decision of Collector equivalent to decision of civil Court, and open to appeal (preview)
- Section 10 – Special appeal to Sadr Court (preview)
- Section 11 – Civil Court to entertain suits only on appeal from decision of Collector (preview)
- Section 12 – Notification on partition being ordered (preview)
- Section 13 – Partition by whom carried out (preview)
- Section 14 – Assessment and levy of costs incurred in making partition (preview)
- Section 15 – Partition may be stayed, and proceedings quashed, by Commissioner (preview)
- Section 16 – Procedure after lapse of period mentioned in notification under section XII (preview)
- Section 17 – Examination of parties and their papers (preview)
- Section 18 – Options of settlement by private agreement (preview)
- Section 19 – If parties cannot agree as to arbitrators, latter may be appointed by Collector (preview)
- Section 20 – Appointment in place of arbitrator refusing, or being unable, to act (preview)
- Section 21 – Powers of Collector with regard to arbitrators (preview)
- Section 22 – Particulars to be specified in partition paper (preview)
- Section 23 – Remuneration of arbitrators (preview)
- Section 24 – In default of award by first arbitrators, partition may be referred to others (preview)
- Section 25 – In default of Private agreement, or settlement by arbitration, officer may be appointed to make partition (preview)
- Section 26 – Who shall summon proprietors by proclamation to attend proceedings (preview)
- Section 27 – Estate may be attached and brought under khas management under superintendence of officer (preview)
- Section 28 – Procedure in case of arrears of revenue accruing during course of partition of estate (preview)
- Section 29 – Power of officer charged with partition, in respect of measurement, &e (preview)
- Section 30 – Division of lands held in common (preview)
- Section 31 – Collector may refuse to separate lands in certain cases (preview)
- Section 32 – Where no lands held in common, lands in severalty may be declared separate estate (preview)
- Section 33 – Sharer failing to attend after proclamation, liable to forfeit right of objection (preview)
- Section 34 – Partition may be stayed if parties so desire (preview)
- Section 35 – Estates formed in course of partition to be as compact as possible (preview)
- Section 36 – Revenue to be assessed on each divided estate (preview)
- Section 37 – Circumstances to be considered in making partition (preview)
- Section 38 – Rule when dwelling house belonging to one sharer, is situate on ground to be allotted to Another sharer (preview)
- Section 39 – Rule as to tanks, wells, water-courses, and embankments (preview)
- Section 40 – Rule as to places of worship (preview)
- Section 41 – Particulars to be contained in paper of partition to be submitted by officer making same.Map to be also submitted (preview)
- Section 42 – Procedure of Collector thereupon (preview)
- Section 43 – Commissioner may confirm or modify partition, subject to appeal to Board of Revenue ; andmay direct division by lot, under certain circumstances (preview)
- Section 44 – Procedure by Collector on receipt of order of Commissioner, or of Board of Revenue on appeal (preview)
- 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 (preview)
- 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 (preview)
- 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 (preview)
- Section 48 – Union in certain cases of severed portions of estates originally undivided (preview)
- Section 49 – Application for such union how made, and how dealt with (preview)
- Section 50 – Repealed (preview)
- Section 51 – Provisions of Act applied to partition of estates held free from payment of revenue (preview)
- Section 52 – Control of Collector’s proceedings under Act (preview)
- Section 53 – Orders of Collector when open to revision by superior Revenue-authorities (preview)
- Section 54 – What other officers may exercise power vested in Collector (preview)
- Section 55 – Power to be exercised by Collector, or officer appointed to make partition (preview)
- Section 56 – Power of officers exercising jurisdiction under Act, with regard to false evidence (preview)
- Section 57 – Board of Revenue to be guided by instruction of Local Government (preview)
- Section 58 – Interpretation (preview)
- Section 59 – Territorial scope of Act (preview)