Section List

Act Number: 19

Act Name: The Partition of Revenue-paying Estates Act, 1863

Year: 1863

Enactment Date: 1863-03-10

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.

Ministry: Ministry of Home Affairs

Department: Department of States

Section NumberTitleActions
1Repealed.
2Future Partitions to be made under provisions of Act.
3What Parties entitled to partition.
4Parties desirous of partition to apply to Collector in writing.
5Application to be signed, and certain particulars specified.
6Procedure of Collector on receipt of application.
7In case of valid objection being made within time allowed, application may be refused.
8Procedure if question of title, or of proprietary right, be raised.
9Decision of Collector equivalent to decision of civil Court, and open to appeal.
10Special appeal to Sadr Court..
11Civil Court to entertain suits only on appeal from decision of Collector.
12Notification on partition being ordered.
13Partition by whom carried out.
14Assessment and levy of costs incurred in making partition.
15Partition may be stayed, and proceedings quashed, by Commissioner.
16Procedure after lapse of period mentioned in notification under section XII.
17Examination of parties and their papers.
18Options of settlement by private agreement.
19If parties cannot agree as to arbitrators, latter may be appointed by Collector.
20Appointment in place of arbitrator refusing, or being unable, to act.
21Powers of Collector with regard to arbitrators.
22Particulars to be specified in partition paper.
23Remuneration of arbitrators.
24In default of award by first arbitrators, partition may be referred to others.
26Who shall summon proprietors by proclamation to attend proceedings.
28Procedure in case of arrears of revenue accruing during course of partition of estate.
29Power of officer charged with partition, in respect of measurement, &e .
30Division of lands held in common.
31Collector may refuse to separate lands in certain cases.
32Where no lands held in common, lands in severalty may be declared separate estate.
33Sharer failing to attend after proclamation, liable to forfeit right of objection.
34Partition may be stayed if parties so desire.
39Rule as to tanks, wells, water-courses, and embankments.
40Rule as to places of worship.
42Procedure of Collector thereupon.
48Union in certain cases of severed portions of estates originally undivided.
49Application for such union how made, and how dealt with.
52Control of Collector’s proceedings under Act.
53Orders of Collector when open to revision by superior Revenue-authorities.
54What other officers may exercise power vested in Collector.
55Power to be exercised by Collector, or officer appointed to make partition.
56Power of officers exercising jurisdiction under Act, with regard to false evidence.
57Board of Revenue to be guided by instruction of Local Government.
58Interpretation.
59Territorial scope of Act.
25In default of Private agreement, or settlement by arbitration, officer may be appointed to make partition.
27Estate may be attached and brought under khas management under superintendence of officer
36Revenue to be assessed on each divided estate
37Circumstances to be considered in making partition
38Rule when dwelling house belonging to one sharer, is situate on ground to be allotted to Another sharer
41Particulars to be contained in paper of partition to be submitted by officer making same.Map to be also submitted.
35Estates formed in course of partition to be as compact as possible.
43Commissioner may confirm or modify partition, subject to appeal to Board of Revenue ; andmay direct division by lot, under certain circumstances.
44Procedure by Collector on receipt of order of Commissioner, or of Board of Revenue on appeal
45Government may order new allotment of public revenue among estates formed by partition, in case of fraud or error in original allotment being proved.
46Consequence to party having interest in estate, if he neglect to affirm or establish such interest while estate under attachment with a view to partition.
47Holder of decree of civil Court, awarding right to portion of estate, may apply for partition, and Collector may proceed thereon under Act
50Repealed.
51Provisions of Act applied to partition of estates held free from payment of revenue.
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