Partition of Revenue-Paying Estates Act, 1863

The Partition of Revenue-Paying Estates Act, 1863

Rules Regulations Notifications Orders Circulars Ordinance Statutes

Act ID:	186319
Act Number:	19
Enactment Date:	1863-03-10
Act Year:	1863
Short Title:	The Partition of Revenue-Paying Estates Act, 1863
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

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The Partition of Revenue-Paying Estates Act, 1863

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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 Repealed.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.
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 50. Repealed.
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.