ESTATES PARTITION ACT, 1897
(1) This Act may be called the Estates Partition Act, 1897;
(2) It extends to the 2[3[States] of West Bengal and Bihar and that part of the 3[State] of Orissa which on the eighth day of December, 1897, was] 4[x x x] under the administration of the Lieutenant-Governor of Bengal; and
1. Act 14 of 1882 was repealed and re-enacted by the Code of Civil Procedure, 1908 (5 of 1908).
2. Subs. for "territories" by the Indian Independence (Adaptation of Bengal and Punjab Acts), Order, 1948.
3. Subs. by A.L.O.
4. Words "for the time being" repealed by A.O.
(3) It shall come into force on the day5 on which it is first published in the Calcutta Gazette after having received
(i) On and from that day the Estates Partition Act, 1876, shall be repealed. But -
(a) this repeal shall not affect the previous operation of the said Act, or anything duly done or suffered thereunder, or any fine incurred thereunder;
(b) where in any pending case an order under Section 63 of the said Act was made before the said day, the subsequent proceedings shall, unless all the proprietors request otherwise, be carried on under the said Act, as if this Act had not been passed;
(c) subject to clause (b) of this section, all pending proceedings which have been commenced under the said Estates Partition Act, 1876, before the said day, shall be carried on under this Act, save that, where in any case the Collector has before that day directed that an application for partition be admitted, Sec
In this Act, unless there be something repugnant in the subject or context, -
(i) "Board" means the Board of Revenue of the 1[State];
1. Subs. by A.L.O.
(ii) "Collector" means the Collector of the district on the revenue roll of which an estate which is under partition, or which it is proposed to bring under partition, is borne, and includes -
(a) any officer whom the Board generally vests (as it is hereby empowered to do) with the powers of a Collector under this Act, and to whom the Collector has, with the sanction of the Commissioner, delegated (as he is hereby empowered to do) any of his functions in respect of the partition of an estate, and
(b) any officer whom the Board specially vests (as it is
(1) Subject to the provisions of this Act, every recorded proprietor of a joint undivided estate who is in actual possession of the interest in respect of which he is so recorded shall be entitled to claim a partition of the said estate and the separation therefrom and assignment to him as a separate estate of land representing the interest of which he is in such possession.
(2) Any two or more of such recorded proprietors may claim that land representing the interests of all such claimants be formed into one separate estate to be held by them as a joint undivided estate; and every provision of this Act which applies to an applicant for partition shall apply to any two or more persons making any such claim.
(1) If the interest of any recorded proprietors who is entitled to claim partition is an undivided share in an estate held in common tenancy he shall be entitled to have assigned to him as his separate estate land of which the assets shall bear the same proportion to the assets of the parent estate as his undivided share in the perent estate bears to the entire parent estate.
(2) If the interest of such recorded proprietor is the proprietary right over specified mauzas or lands forming part of the parent estate and held by him in severalty he shall be entitled to have assigned to him as his separate estate the said rnauzas or lands.
(3) If the interest of such recorded proprietor consists of an undivided share held in common tenancy in specific mauzas or tracts forming part of the parent estate, but not extending over the whole area of t
Whenever any land is held in common between the proprietors of two or more estates not being under partition anyone or more of such proprietors may, without applying for partition of their several estates inter se, apply for separation of the land held by them in common, and for the allotment of the proper shares of such land to each of their separate estates, the land revenue of those estates remaining unaltered and such application shall be dealt with as far as may be in accordance with the provisions of this Act.
(1) Where the lands of an estate have been divided by private arrangement formally made and agreed to by all the proprietors, and each proprietor has, in pursuance of such arrangement, taken possession of separate lands to be held in severalty as representing his interest in the estate, no partition of the estate shall be made under this Act except -
(a) on the joint application of all the proprietors, or
(b) in pursuance of a decree or order of a Civil Court.
(2) No objection to the partition of an estate under this Act on the ground that the lands have been divided by private arrangement shall be admitted unless it is presented before the Collector records a proceeding under Section 29 declaring the estate to be under partition.
Notwithstanding anything herein before contained, no person having a proprietary interest in an estate for the term of his life only shall be entitled to claim partition under this Act.
No partition of an estate made after the commencement of this Act shall relieve any land from liability to the Government for the total demand of the land revenue assessed upon the estate of which the land forms part, unless the partition is made as herein provided.
Except as otherwise provided in this Act, the amount of land revenue assessed on each separate estate shall bear the same proportion to the whole amount of land revenue for which the parent estate was liable as the assets of such separate estate bear to the whole assets of the parent estate.
Subject to clauses (b) and (c) of section 2 of this Act no partition of an estate shall be made, and no application for the partition of an estate shall be admitted. -
(a) if the annual amount of land revenue for which the separate estate of the applicant would, after partition, be liable would not exceed ten rupees; or
(b) if, after separation of the applicant's interest, the annual amount of land revenue for which the separate estate of the remaining proprietor or proprietors would be liable would not exceed five rupees; or
(c) if the Collector considers that for any reason any of the separate estates would be likely to prove an insufficient security for the payment of the land revenue which would be separately charged upon it.
(1) Any Civil Court which has made a decree for the partition or for the separate possession of a share of an undivided estate paying land revenue to the Government may, notwithstanding anything in 1[Section 265 of the Code of Civil Procedure] cause the decree to be executed in the manner prescribed in 2[Section 396 of that Code] and if it does so, the joint and several liability of the entire estate for the whole of the land revenue chargeable upon it shall not be prejudiced or affected.
1. See now Section 54 of Code of Civil Procedure, 1908 and also Section 158 thereof.
2. See now Rule 13 and 14 in Order XXVI in Schedule I to the Code of Civil Procedure, 1908 - Section 158 thereof.
(2) If any decree is sent to the Collector for execution under [Section 265]1 of the said Code, the execution t
The Collector may refuse to admit an application for the formation of land held in severalty into a separate estate, or to proceed with a partition undertaken on such an application, or to admit or proceed with any other application, for partition, if, in consequence of the land being intermingled with that held by other proprietors, the result of the partition would be to form out of a compact estate one or more estates consisting of scattered parcels of land in such a way as, in the opinion of the Collector, to endanger the safety of the land revenue:
Provided as follows -
(a) a partition may be allowed in any such case if the recorded proprietors agree to such a distribution of land as would make the estate formed by the partition reasonably compact;
(b) nothing in this section shall be de
No proprietor who has alienated any portion of his interest in an estate, or in any specific land of an estate, by private contract with the condition that the transferee shall be liable in respect of the interest acquired by him to pay a specified amount or a specified share of the land revenue for which the estate is liable (such amount or share being other than the proportionate amount or the proportionate share for which such transferred interest if formed into a separate estate would be liable under Section 10),
and no proprietor who has derived his title from any proprietor who has made any alienation as aforesaid,
shall be entitled to claim a separation under this Act of the interest which he continues to hold in the estate ;
and no such transferee as aforesaid, and no person deriving
If any estate has been declared to be under partition as provided in Section 29 any arrears of land-revenue accruing due thereon before the date specified in the notice issued under Section 94 may be realized by sale of the estate as if the same had not been declared to be under partition and, if such sale takes place, the partition proceedings, shall-cease from the date thereof but shall be revived if the sale is set aside.
Nothing contained in Section 15 shall be deemed to affect the provisions of Section 10, Section 11, Section 12, Section 13 or Section 14 of Act 11 of 1859 (an Act to improve the law relating to sales of land for arrears of revenue in the Lower Provinces under the Bengal Presidency), or any similar law for the time being inforce, in respect to the opening of separate accounts for different shares in an estate and the protection afforded to such shares thereby:
Provided that, if any share in any estate is sold for its own arrears of land revenue while such estate is under partition in accordance with the provisions of this Act, such share shall be sold subject to the partition proceedings, which shall proceed as if no such sale had taken place; and the purchaser of the share sold may from the date of such sale, exercise all the rights which the proprietor whose share he has purchased
Every application for partition shall be made in writing to the Collector of the district on the revenue-roll of which the estate is borne, and shall be presented by the applicant or by his duly authorised agent.
Every such application shall be signed by the applicant, or by his, duly authorized agent and shall contain the following particulars so far as they are known to or can be ascertained by him, namely: -
(a) the name of the parent estate;
(b) the number under which such estate is borne on the revenue roll, and the land revenue demand for which it is liable;
(c) the number under which such estate is borne on the Collector's General-Register of revenue paying lands;
(d) the name and address of every proprietor, whether recorded or unrecorded, of such estate, the name and address of every proprietor of any other estate holding land in common with the proprietors of the parent estate, and the name of the post office of the area within which each of the s
(1) Every such application shall, subject to the provisions of sub-section (4) of this Section be accompanied by a copy of the rent-roll of the estate, and by a specification referring to the papers of every measurements and record of rights which has respectively been made of and prepared for the estate by any officer appointed in that behalf 1[by the 2[State] Government] or other competent authority and of which the person verifying the application under sub-section (2) has knowledge.
1. Subs. for "by the Government" by A.O.
2. Subs. by A.L.O.
(2) The said application, rent roll and specification shall be verified at the foot of the application, by the applicant or by his duly authorized agent having personal knowledge of the facts stated therein. In the manner following or to the like effec
If any such application does not in the opinion of the Collector fulfil the requirements of the foregoing sections of this Chapter, he may either reject it or return it for amendment.
If in the opinion of the Collector the application fulfils the said requirements, and if there appears to him to be no objection to making the partition, he shall -
(a) publish a notification of the application in manner prescribed by Section 104, and also by causing copies to be posted up at the Court of the Judge of the district and at the Court of every Munsif and Sub-Divisional Officer, within whose jurisdiction, and at every police station within the jurisdiction of which any land appertaining to the estate is known to be situated;
(b) by such notification invite any person claiming any proprietary right in the estate, who may object to the partition, to state his objection, either in person or by duly authorized agent, on or before a day to be specified in the notification, not being less than thirty or more than sixty days from t
If any person claiming a proprietary right as aforesaid states an objection to the partition on or before the day specified in the notification published under section 21, or at any subsequent time if it shall then seem fit to the Collector to admit such objection, and the Collector, on consideration of the objection, is of opinion that there is good and sufficient reason for rejecting the application, he may reject the same, and if he does so shall record the grounds of such rejection.
If any such objection raises any question of right or title or extent of interest as between any applicant and one other person claiming to be a proprietor of the parent estate and if it appears to the Collector that such question has not been already determined by a Court of competent jurisdiction, the Collector may hold such inquiry into the objection as he may deem necessary, and, if he be satisfied that the applicant is in possession of the extent of the interest for the separation of which he has applied, may, instead of rejecting the application as provided in Section 22.
(a) direct that the partition proceedings shall proceed for the purpose of forming and assigning to the applicant a separate estate in accordance with the extent of interest claimed by him in the parent estate; or
(b) direct that such proceedings be postponed for
At the expiration of the said four months the Collector shall resume the proceedings, unless the person who has made the objection, or some other person, -
(a) has obtained an order from a Civil Court directing that such proceedings be stayed, or
(b) shows that a suit has been instituted before a Civil Court to try some question of such a nature as to lead the Collector to think the proceedings ought to be stayed until the question has been finally decided or until the proceedings in such Court in respect thereof shall have terminated,
No suit instituted in a Civil Court, after the lapse of four months after the Collector has -
(a) made a direction under clause (a) or clause (b) of Section 23; or
(b) recorded a proceeding under Section 29,
by any person claiming any right or title in or to a parent estate, shall avail to affect or stay the progress of any proceedings which may have been taken under this Act for the partition of this estate.
(1) Every decree affecting a parent estate made by a Civil Court after the estate has been declared under Section 29 to be under partition, but before the date specified in the notice served under Section 94 -
(a) shall be made in recognition of the proceedings in progress under this Act for the partition of the estate, and
(b) shall be framed in such manner that the decree may be applied to, and carried out in reference to, the separate estate which the Collector in his proceeding recorded under Section 29 has ordered to be formed out of the parent estate.
(2) If the effect of any such decree be to declare any person or body of persons to be entitled to any extent of interest in the parent estate in excess of the extent of interest which the Collector in the said proceeding has declared to
(1) Every decree affecting a parent estate made by a Civil Court after the date specified in the notice served under Section 94, in a suit which was instituted as mentioned in Section 25, -
(a) shall be made in recognition of the partition proceedings, and
(b) shall be framed so as to give effect to the division of the parent estate into separate estates which has been ordered by the Collector, and so as not to disturb such division.
(2) If the effect of any such decree be to declare any person or body of persons to have been entitled to any extent of interest in the parent estate in excess of the extent of interest which is represented by the separate estate assigned to such person or body of persons by the Collector in the partition proceedings, the decree shall specify, separately in resp
(1) A Civil Court may at any time direct the Collector, upon' an application being made to him in accordance with Sections 17, 18 and 19, -
(a) to assign to any person land representing a specified interest in any estate, or in any specified village or tract of land in an estate, to be held by such person as a separate estate; or
(b) to divide off from any estate any specified land or villages, and to assign it or them to any person to be held as a separate estate:
Provided that no Civil Court shall in any such case -
(i) specify the amount of land-revenue for which any separate estate which it may direct to be formed under the provisions of this section shall be liable, or
(ii) direct the Collector t
If no objection be made, within the time specified in the notification published under Section 21, to an application for partition, or when all objections have been disposed of, and if the Collector has no reason to believe that any obstacle exists to his making the partition as applied for,
he shall direct that the application be admitted, and shall record a proceeding -
(a) declaring the estate to be under partition for the purpose of forming and assigning to the applicant a separate estate;
(b) declaring the extent of interest in the parent estate which he finds to be held by the applicant or joint applicants; or, if more than one separate application for separation has been admitted, the extent of interest in the parent estate which he finds to be held by every separate applicant or body
(1) At any time after the Collector has recorded a proceeding under Section 29, and before the Deputy Collector has partitioned the land into separate estate under Section 57, any recorded proprietor in the estate, other than the original applicant, may apply for the separation of his share.
(2) The Collector may reject or admit any such application; and if he admits it may order either that proceedings for effecting such separation shall be carried on simultaneously with the previous proceedings or that compliance with the application be postponed until such previous proceedings have been completed and the shares separated in accordance therewith.
(3) When the consideration of any application which has been postponed under sub-section (2) is resumed, the papers of the previous proceedings aforesaid may be used so far as they are applica
The Collector may refer any application for partition to any Deputy Collector for the purpose of making inquiries and doing any other thing authorized or required by this Chapter:
Provided that every order -
(a) rejecting an application under Section 22, (b) directing, under Section 23, that partition proceedings shall proceed or shall be postponed, (c) directing, under Section 29, that an application for partition be admitted, (d) made under Section 30, or (e) appointing a Deputy Collector under Section 32, and every proceeding recorded under Section 29,
shall be made and recorded, respectively, by the Collector and not by any Deputy Collector.
As soon as the Collector has declared an estate to be under partition as provided in Section 29, he may appoint a Deputy Collector to carry out the partition and all or any of the proceedings necessary thereto.
(1) If, at any time after an order has been passed for making a partition of a parent estate, all the recorded proprietors of the estate present a petition to the effect that they do not wish the partition to proceed, the Collector may, after such inquiry as he considers necessary, strike the partition case off the file, and at the same time require the proprietors to pay all costs incurred in and about the partition.
Recovery of costs.-(2) Any such costs which have not already been levied as provided in Section 37 shall be levied in proportion to the shares of the respective proprietors.
(1) If, at any time after an order has been passed for making a partition, it appears to the Commissioner that any sufficient reason exists why the partition should not be proceeded with, he may, on the report of the Collector or otherwise, after issuing a notice calling on the persons interested to show cause why the partition case should not be struck off the file, and after considering any objection which may be made, order the partition case to be struck off the file.
Recovery of costs. - (2) All costs which have not already been levied as provided in Section 37 shall thereupon be levied in proportion to the shares of the respective proprietors.
The Deputy Collector, with the approval of the Collector, and subject to any rules made in that behalf by the Board, may appoint such persons as may be needed for the purposes of any proceedings under this Act and prescribe the scale of their remuneration.
In any district or division in which partitions are so numerous or extensive as to render necessary the appointment of a special establishment in the office of the Collector or of the Commissioner, the Collector or the Commissioner, as the case may be, with the previous sanction of the Board, may appoint such establishment.
(1) As soon as possible after an estate has been declared to be under partition as provided in Section 29, the Collector shall estimate the cost of making the partition; and the amount shall be levied from the proprietors in such instalments and at such times as may be fixed by rules made by the Board.
(2) If the amount first estimated is found insufficient, supplementary estimate may be made from time to time, and the required amount may be levied as provided in sub-section (1).
The cost of making a partition shall be apportioned on the proprietors of the several shares in proportion to their shares:
Provided that whenever it appears to the Collector that any partition proceedings have been unnecessarily delayed and the cost of the partition enhanced, by obstacles vexatiously put in the way of the completion of the proceedings by one or more of the proprietors, or by want of due diligence on the part of one or more of the proprietors in carrying out any requisition made upon him or them,
the Collector may direct that such portion of the cost as he may think proper in excess of the amount proportionate to the share or shares of such proprietor or proprietors, shall be paid by him or them.
Whenever any local inquiry is held by the Deputy Collector or any other officer, in consequence of an objection raised by any person to any record of measurements, rent-roll or other information which has been laid before the Deputy Collector,
the Deputy Collector may declare the cost which has been incurred by such inquiry, and may direct that the entire cost so declared -
(a) shall be paid by the person making the objection, or by anyone 6f the proprietors; or
(b) shall be paid, in such proportions as the Deputy Collector thinks fit, by the said person and the proprietors or any of them; or
(c) shall be deemed to be a part of the cost of the partition,
(1) Upon the completion of a partition, the Collector shall make an order declaring the total cost thereof.
(2) The account shall then be adjusted, either by returning to the proprietors any sums which they may have paid in excess of the total cost, or, if necessary, by levying from them, in the manner provided in Section 108, any sums remaining due.
(1) Whenever it appears to the 1[Board] that the work required to be done in connection with partitions under this Act in any district is so great that it would, if concentrated in the hands of one or more Deputy Collectors, fully occupy the time of such one or more Deputy Collectors, 2[it] may make an order directing that the salary of such one or more Deputy Collectors, as the case may be, shall be recovered from the proprietors of estates under partition in such district, as part of the costs of such partitions,
1. Subs. for "Lieutenant-Governor" by B. & O. Act. 3 of 1916.
2. Subs. by "he" by ibid.
(2) For the purposes of sub-section (1) the salary of a Deputy Collector shall be deemed to be the amount of salary which is drawn by a Deputy Collector of the lowest grade.
3[(1) The 4[State] Government may direct that in any district an account, to be called the "Estates Partition Account" shall be kept in which shall be entered all sums levied from the proprietors of estates in such district in respect of, partitions of their estates and of all costs of making partitions of estates in such district, whether such costs are costs directed under Section 43 to be defrayed by any party to any proceedings in respect of a partition, or not.]
3. Subs. for the original sub-section (1) by A.O.
4. Subs. by A.L.O.
(2) When 1[the keeping of an Estates Partition Account] has been directed in any district, the charges leviable in the district from the proprietors of any estate under partition may, notwithstanding anything contained in the foregoing sections of this Chapter,
(1) Whenever a Civil Court makes a decree awarding or declaring any proprietary right in an estate, and requires the Collector to make a partition of the estate, the Court shall, subject to the provisions of Sections 38 and 39 at the same time direct either -
(a) that the party or parties who has or have withheld the right so decreed shall defray the whole of the costs of the partition or the whole of the fees payable in respect of the partition under Section 42, or
(b) that the said costs or fees shall be defrayed by all or any of the parties to the suit in which the decree was made, in such proportions as the Court may, upon a consideration of the particular circumstances of the case, deem equitable.
(2) Copies of all orders passed under sub-section (1) shall be transmitted to the Collecto
Every Deputy, Collector making a partition shall, as regards the estate under partition, have so far as they are applicable all the powers exercisable by a Survey-officer under the Bengal Survey Act, 1875, and by a Revenue-officer employed in preparing a record-of-rights under Chapter X of the Bengal Tenancy Act, 1885.
As soon as the Collector has recorded a proceeding under Section 29, declaring an estate to be under partition, the Deputy collector shall subject to the provisions of Section 49, make a survey and prepare a record of existing rents and other assets of all lands included in the estate.
In making a survey and preparing a record of existing rents and other assets of land under Section 45, the Deputy Collector shall ascertain and record the following particulars, namely:-
(a) the name of each proprietor, landlord and tenant of the estate, and of every owner of revenue-free land and occupier of rent-free land therein;
(b) the situation, area and boundaries of the land owned or occupied by each of the said persons, and the character and extent of the interest held by each and the area of all other land in the estate which is not held by tenants;
(c) the rent then payable for all rent-paying lands -
(i) as stated by the landlord,
(ii) as stated by the tenant, and
(1) When the Deputy Collector has made a survey and prepared a record of existing rents and other assets of land under Section 45, he shall publish a notification, in a form to be prescribed by the Board, fixing a day on which he will be present in the village or at a convenient place within limits of distance to be fixed by general or special order of the Board, for the purpose of attesting the survey papers and record of existing rents and other assets.
(2) On the date fixed by the notification, or on any other date to which the proceedings may be adjourned, the entries made in the record of existing rents and other assets under Section 46, or such of them as the Board may by rule prescribe shall be read out, and corrected or added to as may appear necessary, in the presence of such of the interested persons as are in attendance.
(3) I
When the survey papers and the record of existing rents and other assets have been attested as provided in Section 47, the Deputy Collector shall cause a copy thereof to be locally published in such manner and for such period as the Board may by rule prescribe, and there shall be furnished to each landlord and tenant a copy of such of the entries relating to his estate, tenure or holdingins the case may be, as the Board may by rule prescribe.
If at any time a survey of the estate under partition or any part thereof has been made or a record-of-rights prepared by an officer appointed in that behalf under the orders of the 1[State] Government, or
1. Subs. by A.L.O.
if any measurement papers and rent-rolls are filed under Section 19, or at any time before a survey has been begun under Section 45, and if the correctness of such measurement papers and rent-rolls is admitted in writing by all the proprietors, and is verified by the Deputy Collector after testing on the spot, and if the Deputy Collector is satisfied that the landrevenue would not be endangered,
the Deputy Collector may, unless the Collector otherwise directs, and after making any correction which may appear necessary, accept the papers of such survey, or the said record
When the documents referred to in Section 48 have been published or any documents referred to in Section 49 have been accepted, the Deputy Collector shall record an order stating that such documents have been adopted for the purposes of the partition and shall -
(a) fix a day on which to determine the partition of the lands into the several separate estates,
(b) publish a notification calling on all the proprietors to be present on the day so fixed, such day being not less than thirty or more than sixty days after the publication of the notification in his office, and at the same time serve a notice on each of the proprietors to the same effect, and
(c) serve a similar notice on the proprietors of each of the adjoining estates, inviting them to appear and file their objections, if any, if t
(1) If all the recorded proprietors present, on or before the day fixed under Section 50, a petition requesting to be allowed to make the partition on the basis of the papers adopted by the Deputy Collector under Chapter VI, -
(a) privately among themselves, or
(b) by arbitration,
the Deputy Collector may grant the request.
(2) If after such request has been granted, the proprietors or the arbitrators fail to make the partition within such time as may be fixed by the Deputy Collector in that behalf, the Deputy Collector shall make the partition himself.
When a partition has been referred to arbitration, the proceedings shall, except as hereinafter otherwise expressly provided, be conducted in accordance with the provisions of Sections 506 to 522 (both inclusive) of the 1[Code of Civil Procedure] so far as they are applicable.
1. Act 14 of 1882 has been repealed and re-enacted by the Code of Civil Procedure 1908.
(1) The arbitrator or arbitrators shall, within a period to be fixed by the Deputy Collector, which period may be further extended by him, deliver to the Deputy Collector a full and complete paper of partition in such form as the Board may, by rule, prescribe.
(2) If default is made in complying with sub-section (1), the Deputy Collector may withdraw the case from arbitration and may make the partition himself.
(1) The arbitrator or arbitrators, on delivering the paper of partition as aforesaid, shall be entitled to reasonable fees for his or their services.
(2) The amount of such fees shall be fixed, with the approval of the Commissioner, by the Deputy Collector who made the reference to arbitration, and shall be deemed to form part of the costs of making the partition.
Every partition made under the Chapter by proprietors or by an arbitrator or arbitrators shall be subject to the approval of the Collector and the confirmation of the Commissioner:
Provided that no such partition shall be disallowed except -
(a) on the ground of fraud, or
(b) on the ground that the partition cannot be confirmed without endangering the safety of the land-revenue.
When a partition has been made under this Chapter, the land-revenue on each separate estate into which the parent estate is divided by such partition shall be assessed by the Collector in the manner prescribed by Section 10.
(1) If no petition is presented under Section 51, the Deputy Collector shall, on the day fixed under Section 50, or on any subsequent day or days to which the hearing may be postponed by notice posted at his office, -
(i) consult all proprietors who are present, and
(ii) hear, and, after such inquiry as he may consider necessary, dispose of, any objections which they may urge.
(2) The Deputy Collector shall then proceed to determine how the lands of the partent estate shall be partitioned into the separate estates, and all matters arising out of such partition; and shall cause to be prepared -
(a) a paper of partition, in a form prescribed by rules made by the Board, specifying in detail-
(i) the lands
(1) The partition, as made under this Chapter, shall be submitted for the sanction of the Collector, and he shall by notice fix a day for the consideration of the same.
(2) Every such notice shall be served on the proprietors and shall be published in the manner prescribed by Section 104,
(3) The day fixed by the said notice shall be not less than fifteen days after the publication of the notice at the Collector's office.
(4) After hearing and disposing of any objection which may be preferred, the Collector shall pass such orders as he may think proper -
(a) approving the partition, with or without amendments; or
(b) making a new partition; or
(c) returning th
(1) When the partition has been approved by the Collector, the Duputy Collector shall, after making such alterations as may be necessary in the partition paper or map, or preparing a new partition paper or map, in accordance with the orders passed by the Collector -
(a) cause to be prepared a separate extract of the portion of the partition paper which relates to each separate estate;
(b) cause to be tendered to any recorded proprietor of a separate estate, or any authorized agent of such proprietor, who may be in attendance at the Deputy Collector's office, the extract which relates to such separate estate, and
(c) publish a notification at his office calling upon every proprietor to whom or to whose agent an extract from the partition paper has not been tendered as aforesaid, to take out
No proprietor who has failed to appear before the Deputy Collector in person or by agent on a day fixed, under Section 50 or Section 57 for the partition of the lands into the several separate estates, and no proprietor who has failed so to appear before the Collector on a day fixed under Section 58, shall, unless he shows sufficient cause for such failure, be entitled at any subsequent time to make any objection to the orders which may be passed on such days respectively.
When a partition has been approved by the Collector, or when he has made a new partition, and after the tender of extracts and the publication of a notification as provided in Section 59, the Collector -
shall cause a notice to be served on each of the recorded proprietors, stating that the papers will be submitted at once for confirmation of the partition by the Commissioner, and that any appeal or objections must be presented to the Commissioner, or to the Collector for transmission to the Commissioner, within thirty days from the date of the service of the said notice;
and shall, after the issue of such notice, forward to the Commissioner all papers relating to the partition.
Each separate estate shall be made as compact as is compatible with the primary object of making an equitable partition among the proprietors and with the provisions of this Chapter.
In selecting the villages or land to be assigned to each separate estate formed out of a parent estate which has been held in common tenancy, the Collector shall take into consideration the advantages or disadvantages arising from.
(a) situation;
(b) the vicinity of roads, railway or navigable rivers or canals;
(c) the nature and quality of the soil and produce;
(d) the quantity of cultivable and uncultivable waste land;
(e) the facilities for irrigation;
(f) the state of embankments and water-courses; and
(g) liability to accretion and diluvion;
and any other circumstanc
(1) If a dwelling-house belonging to one proprietor is situated on any land which it may be necessary to include in the separate estate of another proprietor, the owner of the house may retain occupation thereof, with the buildings and grounds immediately attached thereto upon agreeing to pay-rent annually in perpetuity for the land occupied by the house, .buildings and grounds to the proprietor of the separate estate in which such land is included.
(2) The limits of the land so occupied and the rent to be paid for it shall be fixed by the Deputy Collector, and shall be stated in the paper of partition.
(3) In every such case a defined pathway shall, as far as possible, be secured to the owner of the house, leading from the house to some portion of the separate estate allotted to him.
Whenever the Deputy Collector thinks fit, he may apply the provisions of Section 64 to gardens, orchards, land planted with bamboos, and any other land which in his opinion is of special value to the proprietor in whose occupation it is found to be, in consequence of improvements made by such proprietor or of the particular use to which such land is put.
The rent fixed in perpetuity on any land by the Deputy Collector under Section 64 or Section 65 shall be deemed, for the purposes of the partition, to be the assets of such land,
When the dwelling-house of one proprietor, with the buildings and grounds immediately attached thereto, has been included in the separate estate of another proprietor, and the rent to be paid in perpetuity for the land occupied thereby has been fixed by the Deputy Collector and stated in the paper of partition.
The first-mentioned proprietor may apply to the Deputy Collector for permission to redeem the rent so fixed, and the Deputy Collector shall give such permission unless he is of opinion that the redemption would endanger the safety of the land-revenue for the payment of which the separate estate in which such dwelling-house, buildings and grounds have been included will be liable.
(1) If the Deputy Collector gives permission as aforesaid, he shall certify the amount payable by the applicant in redemption of the rent.
(2) Such amount shall be ten per centum above the sum which would be required to produce, in interest at four per centum per annum an annual sum equal to the said rent.
The amount certified under Section 68 may be paid to the Deputy Collector at any time before, but not after, possession is, under Section 94, given to the several proprietor of the separate estates allotted to them.
On receipt of such payment, the Deputy Collector shall give notice to the proprietor in whose separate estate the land is situated-
(a) that such payment has been made;
(b) that the sum will be paid to him or to his authorized agent on application;
and
(c) that, from the date on which possession as aforesaid is given, the proprietor who has redeemed the rent of such land will be entitled to hold the land as a rent-free tenure secured against the proprietor to whom the notice is given and against any auction-purchaser at a sale for arrears of revenue, including the 1[Government].
1. Subs. for "Crown" by A.L.O.
and from such date the land shall be so held as a re
The Deputy Collector shall at the same time give notice to the Collector of the district of the creation of such tenure, and the Collector shall thereupon cause such tenure to be specially registered in the manner provided by Section 42 of Act 11 of 1859 (an Act to improve the law relating to sales of land for arrears of revenue in the Lower Provinces under the Bengal Presidency) or by any similar law for the time being in force.
When two or more of the separate estates consist of the same proportions of the parent estate, the Deputy Collector may, if he thinks proper, direct the parties entitled thereto respectively to draw lots in his presence for the equal separate estates which have been formed by assignment of land,
unless the recorded proprietors of the equal shares agree among themselves as to the allotment of the equal separate estates and present a petition to that effect, or
unless for any other reason the Deputy Collector, with the sanction of the Collector, thinks proper to assign the equal separate estates to the proprietors of the equal shares without causing lots to be drawn.
(1) When the agreement of two or more shares equals one other share, or equals the aggregate of two, or more other shares, the Deputy Collector, with the sanction of the Collector, may cause such aggregate shares to be treated as one share for the purpose of determining by lots as aforesaid which portion of the parent estate shall be assigned to each proprietor as his separate estate;
and may decide which shares shall be formed into one aggregate share for the purpose of causing such lots to be drawn;
and may cause lots to be drawn in like manner as often as he thinks proper for such purpose.
(2) After lots have been drawn once (or more than once if necessary) as aforesaid, the Deputy Collector shall proceed to divide the portion of the parent estate which has fallen by lot to each aggregate
The Deputy Collector may, by notice require any proprietor, in respect of whose share lots are to be drawn as provided in Section 72 or Section 73, to attend at the office of the Deputy Collector in person or by authorised agent, at a time to be fixed by the Deputy Collector, for the purpose of drawing lots;
and may similarly require the proprietors of any shares which he may have ordered to be formed into an aggregate share for the purpose of drawing lots, jointly to appoint an agent to draw lots on their joint behalf; and if at the time fixed for drawing such lots, such proprietors have failed to agree to any such joint appointment, or fail to cause the attendance of an agent authorized to act jointly for all such proprietors, all such proprietors shall be deemed to have failed to comply with the Deputy Collectors, requisition,
If any proprietor or proprietors fail to comply with a requisition of the Deputy Collector under Section 74, the Deputy Collector may appoint a person to draw lots on behalf of such proprietor or proprietors.
(i) When the lands of an estate have been divided by private arrangement formally made and agreed to by all the proprietors, and each proprietor is, in pursuance of such arrangement, in possession of separate lands held in severalty as representing his interest in the estate, the joint application presented under Section 7 may be to the effect -
(a) that a partition of the estate be made by assigning to each proprietor or to two or more proprietors jointly, as his or their separate estate, or estates, the lands of which they are in separate possession in pursuance of such arrangement, and
(b) that each separate estate so formed be made liable for such portion of the entire land-revenue of the parent estate as was paid by the proprietor or proprietors thereof under the private arrangement aforesaid.
&nbs
Whenever the Deputy Collector who is appointed to carry out a partition finds that, in pursuance of a private arrangement formally made and agreed to by all the proprietors of an estate, the proprietors respectively, or any of the proprietors, are in possession of separate parcels of land held in severalty as representing portions only of their respective interests in the parent estate, while other land of the parent estate is held in common tenancy between such proprietors, then, notwithstanding anything contained in Section 7, a joint application shall not be required, and the Deputy Collector shall allot to the separate estate of each proprietor the land of which such proprietor is found to be in possession in severalty in as cordance with such private arrangement.
Explanation. -- land held in the occupation of the several proprietors of an estate as sir, khamaror nij-jot, or un
Notwithstanding anything in Section 77, the Collector may cause any transfer of land agreed to by the parties to be made from the possession of one proprietor to that of another.
Places of Worship, burning-grounds and burial-grounds which have been held in common previous to the partition of an estate and land of which the proceeds have been assigned by the proprietors jointly for religious, charitable or public purposes, shall continue to be held in Common unless the proprietors otherwise agree among themselves, in which case they shall state in writing the agreement into which they have entered, and the Deputy Collector shall enter a note of the agreement in the paper in partition.
(1) Tanks, wells, water-courses, reservoirs and embankments shall be deemed to be attached to the land for the benefit of which they were originally made.
(2) In cases in which, from the extent, situation or construction of any such works, it is found necessary that they should remain the joint property of the proprietors of two or more separate estates, the paper of partition shall specify, as far as the circumstances admit, the extent to watch the proprietors of each of such estates may make use of the same, and the proportion of the charges for repairs to be borne by them, respectively.
(1) No tenure or holding shall be split up for the purposes of a partition unless it is reasonably necessary to do so in order to effect an equitable partition.
(2) If a tenure or holding be split up as aforesaid, the total existing rent thereof, as ascertained under Chapter IV, shall not be altered, but shall be apportioned among the several parts into which the tenure or holding is divided.
(3) When it is proposed to split up a tenure or holding and apportion the rent thereof as aforesaid, the Deputy Collector shall cause a notice to be served on the tenants concerned and, after hearing their objections, if any, may order that the tenure or holding be split up, and that the rent thereof be apportioned as aforesaid.
(4) The Deputy Collector shall notify such apportionment to the tenants conc
When the Deputy Collector finds in a parent estate land which is claimed to be held rent-free and for which no rent is actually paid (whether the proprietors of the estate do or do not claim a right to receive rent from the land), he shall not make any division or assignment of such land among the separate estate, but shall specify in the partition papers and proceedings that such land is left appertaining jointly to all the separate estates which are formed out of the parent estate, in the proportion which each separate estate bears to the parent estate:
Provided that such land or any of it may be allotted among the different separate estates with the consent of all the proprietors of the parent estate.
(1) When the Deputy Collector finds in a parent estate any land which is held at a fixed rent on a patni or other permanent intermediate tenure created by all the proprietors of the estate or admitted by all the recorded proprietors to have been so created, he may either -
(a) assign such land and the assets thereof entirely to one or more of the separate estate formed out of the parent estate; or
(b) leave such land unassigned to any separate estate, and specify in the partition paper and proceedings that the land is left appertaining jointly to all the separate estates which are formed out of the parent estate in the proportion which each separate estate bears to the parent estate.
(2) In the event of such land being so left unassigned, the Deputy Collector shall assign to each separate es
When any land is held in common between the proprietors of two or more estates, one of which is under partition in accordance with the provisions of this Act, the Deputy Collector shall first allot to the estate under partition a portion of such common land of which the assets are in proportion to the interest which the proprietors of such estate hold in the said common land;
and all the provisions of this Act in respect of the allotment, between the share holders in one estate, of land which is held jointly by such share holders, shall, as far as possible apply to the allotment of the propotionate share of such common land to the estate under partition;
and, in respect of the service of notices, the hearing of objections, and all other procedure in view to such allotment, the proprietors of the estate under partition, and all other pro
Notwithstanding anything contained in Section 84, if it appears to the Collector that the proceedings for any such division have been unnecessarily delayed and the cost of such division enhanced, by obstacles vexatiously put in the way of the completion of such division by any proprietor of any estate other than that under partition, or by want of due diligence on the part of any such proprietor in carrying out any requisition made upon him;
the Collector may direct that such sum as he shall think fit shall be levied from every such proprietor who is responsible for such delay or additional cost;
and every sum so levied shall be taken in diminution of the amount payable by the proprietors of the estate under partition as cost of such partition.
Every allotment made under Section 84 shall be submitted for the approval of the Collector, who may confirm, amend or reject the same, and, if he rejects it, may make or direct to be made another allotment.
When any allotment made under Section 84 has been approved by the Collector, the land so allotted shall be dealt with in every respect as if it were held in common tenancy by such of the proprietors of the estate under partition as were found to hold interest in the common land.
(1) If a dispute or doubt is found to exist as to whether any land forms part of a parent estate, the Deputy Collector shall after due notice to the parties interested, enquire into the fact of possession, and shall report his conclusions to the Collector; and thereupon the Collector shall dispose of the matter as follows:-
(a) he may order that the partition case be struck off the file, if such an order appears to him advisable, and whether the possession of the disputed land is with the proprietors of the parent estate or otherwise; or
(b) he may order that the partition shall proceed, and that the disputed land be treated as part of the estate under partition, if the possession of such land is with the proprietors of the parent estate and the claim of the other parties to the right in each land appears to him untenable; or
&n
If, after a partition has been completed in pursuance of an order passed by the Collector under Section 88, clause (b), the proprietor of any separate estate is dispossessed by a decree of a Court of competent jurisdiction of any land which has been assigned to his estate by the partition.
The partition shall not be disturbed, but such proprietor shall be entitled to recover from the proprietors of the other separate estates formed by the partition such compensation as maybe fair and equitable, having regard to the reduction in the proportionate value of his separate estate which is caused by such dispossession;
and such compensation may be recovered in a Court of competent jurisdiction from the proprietors of those separate estates on which a proportionate share of the total loss caused by the dispossession does not fall.
(1) If it appears to the Commissioner that the proceedings of the Collector should be amended, or if an appeal or objection is presented within the time allowed by Section 61, the Commissioners shall, by order, fix a day (not being less than thirty days from the date of such order) for hearing and disposing of the case, and shall cause notice of such day to be served through the Collector on all the parties.
(2) On the day so fixed, or on any subsequent day to which the hearing of the case may extend or is postponed by a notice posted up in his own office, the Commissioner shall, after hearing and disposing of all appeals and objections, and calling for any further information which he may consider necessary, either confirm the partition as approved or made by the Collector, with or without amendments, or return the papers of the partition to the Collector for any amendments which
If it does not appear to the Commissioner that proceedings of the Collector require amendment, or if no appeal or objection is presented within the time allowed by Section 61, the Commissioner may proceed to consider the case without issuing any notice, and may confirm the partition as approved or made by the Collector.
The Commissioner may, before confirming a partition, return the papers for amendment or enquiry as often as he thinks, fit, and as often as he so returns them the procedure prescribed in the foregoing sections of this Chapter shall be applicable.
(1) After the expiration of not less than sixty days from the date of the order of the Commisioner confirming a partition, or if an appeal has been preferred to the Board, or if any proceedings in respect to the partition be pending before the Board, then on receipt of the final order of the Board, if such order does not set aside but maintains, with or without amendments, the partition as confirmed by the Commissioner.
the Collector shall cause to be published at his office, and at some conspicuous place in each of the estates separately constituted by the order of the Commissioner or the Board, as the case may be, a notice that the partition has been confirmed or sanctioned by the Commissioner or the Board, with or without amendments, as the case may be.
(2) If the partition as so confirmed or sanctioned involves any amendments which m
(1) The Collector shall then proceed to give the several proprietors possession of the separate estates allotted to them and if necessary, may require the assistance of the Magistrate in giving such possesion;
and shall cause to be served on every recorded proprietor of a separate estate a notice: -
(a) informing him that from the date specified in such notice the separate estate assigned to him, as described in the extract from the partition paper prepared and delivered or tendered to him under Section 59 or Section 93, as the case may be, will be deemed to be separated from the parent estate, and to be separately liable for the amount of land-revenue specified in the notice, and
(b) calling upon him to enter into a separate engagement for the payment at such land-revenue.
&nb
From the date specified in such notice, each separate estate shall be borne on the revenue-roll and General Register of the Collector as a distinct estate separately liable for the amount of land-revenue assessed upon it under this Act, and shall be so liable whether or not the proprietor has entered into a separate engagement for the payment of the amount of land revenue so assessed upon the estate.
(1) The Collector may direct the erection of such boundary marks as he thinks proper, to distinguish the lands of each separate estate; and the cost of such boundary marks shall be deemed to be costs of the partition.
(2) Boundary marks so erected shall be assigned to Zamindars, or to Zamindars jointly with tenure-holders, for preservation, as provided in the third clause of Section 29 of the Bengal Survey Act, 1875; and, after they have been so assigned, the provisions of Sections 19, 20 and 52 to 57 (both inclusive) of the said Act shall apply in the case of such boundary marks.
For the purposes of any inquiry under this Act, the Deputy Collector shall, in addition to the powers specifically conferred upon him by this Act, have the powers conferred by Chapters X and XIV of the 1[Code of Civil Procedure] for compelling the production of documents and enforcing the attendance of witnesses.
1. Act 14 of 1882 has been repealed and re-enacted by the Code of Civil Procedure, 1908.
The Deputy Collector, with the consent of all the parties concerned, may refer to arbitration any point arising in the course of a partition; and the provisions of Sections 52, 53 and 54 shall, as far as possible, be applicable to such references.
If any proprietor of an estate held in common tenancy and brought under partition in accordance with this Act has given his share or a portion thereof in patni, or other tenure or on lease or has created any other encumorance thereon, such tenure, lease or encumbrance shall hold good as regards the lands finally allotted to the share of such proprietor, and only as to such lands.
Illustrations
I.-A the proprietor of a quarter share in a joint undivided estate held in common tenancy, givan to B a patni tenure of the whale of his interest in the estate entitling B as long as such estate is held in common tenancy, to collect one-fourth of the rent payable by every raiyat on the estate; and
partition of the said estate is made under this Act, and certain specific Lands are assigned to A as his s
(1) If two or more estates come into the possession of one proprietor or of the same body of proprietors such proprietor or body of proprietors may, after being recorded as proprietors, apply to have the estates united and to hold them as a single estate.
(2) Every such application shall be made in writing to the Collector, and the Collector shall, if he sees no objection to doing so, comply with it not less than thirty days after the publication of a notification thereof, and shall then cause the necessary entries to be made in the records of his office and report the case to the Commissioner.
If any separate estate created under this Act falls into arrear so as to necessitate a sale of the land for the discharge of the arrear at any time within six years from the date of the confirmation or sanction of the partition by the Commissioner or the Board, as the case may be,
the Collector shall, if possible, ascertain the cause of the estate having fallen into arrear, and shall inquire whether the same is due to any fraudulent or erroneous allotment of the assessment or assignment of lands at the time of the partition, and shall make a report upon the case to the Commissioner for such action as the Commissioner may think proper.
If it is proved to the satisfaction of the 1[Board] at any time within six years from the date of the confirmation or sanction of a partition by the Commissioner or the Board. as the case may be, whether or not upon inquiry made under Section 101, that through any fraud or error at the time of making the partition the assets of the lands assigned to any separate estate were not in proportion to the amount of land revenue for which such estate was made liable, or that the amount of land-revenue. assessed on any separate estate was not in proportion to the assets of the lands assigned to such estate;
1. Subs. for "Lieutenant Governor" by B. & O. Act 3 of 1916.
the 1[Board] may order a new allotment of the land-revenue upon the separate estates in accordance with the principles prescribed in this Act on an estimate of the assets of each suc
(1) Whenever the 1[Board] passes an order under Section 102 for the re-allotment of the land-revenue on any separate estate, 2[it] may direct that the proprietors whose estates are found to have been under assessed, shall for each year during which they have held possession of the separate estates, be required to pay, to the recorded proprietors of the estates which have been over assessed, a sum equal to the annual amount in which the latter are found to have been over assessed; and in default of payment such sum shall be recoverable as provided in Section 108.
1. Subs. for "Lieutenant Governor" by B. & O. Act 3 of 1916.
2. Word "it" substituted for "he" by ibid.
(2) No order passed by the 1[Board] under sub-section (1) shall be liable to be contested in any Court.
Every notification required by this Act to be published, shall, unless it is otherwise specially directed, be published by posting up copies of the same: -
(a) at the office of the Collector,
(b) at the office of the Deputy Collector who is to make, is making or has made the partition,
(c) at the village office or village offices, if any, of the proprietors of the parent estate, and
(d) in one or more of the principle villages in the said estate.
(1) Any notice required by this Act to be served on any person may be served: -
(a) by delivering the notice to the person to whom it is directed, or, on failure to effect such delivery, by posting it on some conspicuous part of the house in which the said person usually resides; or
(b) by sending a registered letter, containing the notice, to such person directed to the address, if any, which he has registered under this Act; or
(c) by delivering the notice to a general agent of the person to whom it is directed, or to any person who has been appointed in that behalf, or who has been appointed an agent of the person to whom the notice is directed for the general purposes of any partition under this Act; or
(d) by affixing a copy of the notice at
If the directions of this Act are in substance and effect complied with, no proceedings thereunder shall be affected:-
(a) by reason of any mistake or informality unless any person has suffered, or is in danger of suffering material injury to consequence of such mistake or informality; or
(b) by reason of the omission to publish any notification required by this Act, or to serve any notice on any person whose name is not recorded on the Collector's registers as proprietor of the estate in respect of which the notice is required by this Act to be served.
If any proprietor or other person fails to comply, within the time fixed therefor by notice, with any re quisition made upon him under this Act by the Collector, or Deputy Collector, the Collector or Deputy Collector, as the case may be, may impose upon him such daily fine as he may think fit, not exceeding fifty rupees:
and such fine shall be payable daily until the requisition is complied with;
and the Collector or Deputy Collector, as the case may be, may proceed from time to time to levy the amount which has become due in respect of any such fine:
Provided that, whenever the amount payable exceeds five hundred rupees, shall report the case specially to the Commissioner, and no further levy in respect of the fine shall be made otherwise than by the authority of the Commissioner.
Except as herein otherwise expressly provided, all fees, fines, costs and other sums ordered under, his Act to be paid by any person shall be deemed to be public demands, and shall be recoverable under the 1[Public Demands Recovery Act, 1895].
1. Ben. Act 1 of 1895 has been repealed and re-enacted by the B. & O. Public Demand Recovery Act, 191
AII or any powers and functions which are assigned by this Act to Deputv Collector may be exercised and discharged by the Collector;
and whenever it is provided by this Act that any act done or order made by a Deputy Collector shall require the sanction of the Collector, or shall be appeable to the Collector, then if such Act has been done, or such order has been made by tile Collector, it shall be deemed to have been sanctioned by the Collector or to have been confirmed by the Collector in appeal, as the case may be.
(1) The 1[Board] may vest any Collector or Deputy Collector with all or any of the powers which, under the provisions of any law for the time being in force, might be exercised by them respectively, or might be conferred on them respectively, if they were making a settlement of a parent estate.
1. Subs. for "Lieutenant-Governor" by B. & O. Act 3 of 1916.
2.
(2) Such powers may be conferred either generally in respect of all estates in the partition of which the Collector or Deputy Collector may at any time and in any district be engaged, or especially in respect of any particular estate.
(1) An appeal, if presented within one month from the date of the order appealed against, shall lie to the Collector against every order of a Deputy Collector: -
(a) directing, under Section 39, by whom or how the costs of an inquiry held in consequence of an objection raised shall be paid;
(b) mode under Section 47, sub-section (3), declaring what entry in a record of existing rents and other assets of land shall be accepted for the purposes of the partition;
(c) made under Section 50, adopting a record of existing rents and other assets of land;
(d) refusing, under Section 51, to allow recorded proprietors to make a partition privately among themselves or by arbitration;
(e) rejecting, under Section 76
(1) An appeal, if presented to the Commissioner, or to the Collector for transmission to the Commissioner, within one month from the date of the order appealed against shall lie to the Commissioner against every order of a Collector (whether such order be passed by the Collector in the first instance or in appeal from the order of a Deputy Collector:-
(a) rejecting an application for the partition of an estate or for the separation of a share, or putting an end to proceedings for effecting a partition or separation after the application has been admitted;
(b) directing, under Section 29, that an application for partition or separation be admitted;
(c) directing, under Section 38, that any proprietor shall pay more than his proportionate share of the cost of a partition;
&n
An appeal, if presented to the Board or to the Commissioner for transmission to the Board within six weeks from the date of the order appealed against, shall lie to the Board against every order of the Commissioner: -
(a) confirming, modifying or reversing any order of the Collector rejecting an application for the partition of an estate, or putting an end to proceedings for effecting a partition after the application has been admitted;
(b) confirming, modifying or reversing any order of the Collector directing, under Section 29, that an application for partition be admitted;
(c) confirming or amending a partition as approved or made by the Collector; or
(d) imposing, or confirming the imposition of, any fine amounting to five hundred rupees, or o
When an appeal is presented under Section 111, Section 112 or Section 113, or when the Board calls, under Section 114, sub-section (1), for the record of a case, the proceedings shall not be stayed pending the appeal or revision unless the appellate or revising authority so directs.
(1) Any proceeding of a Deputy Collector, Collector or Commissioner connected with giving possession to the proprietors of their respective separate estates in pursuance of Section 94 may be set aside or amended by the Collector, Commissioner or Board, as the case may be provided that the revising authority shall, within three months from the date on which such possession has been given, make an order to the effect that such proceedings are under its consideration.
(2) Every such order shall, when made by the Commissioner or the Board be communicated to the Collector of the district, and the Collector shall cause all such orders to be published by notification.
The Collector, the Commissioner and the Board respectively may pass such orders as they think fit in respect of the payment of the costs of any appeal which is made to them respectively under this Act.
If, in any case in which a Collector or other officer exercises jurisdiction under this Act, any person is guilty of the offence of giving or fabricating false evidence, or of forgery, as defined in the Indian Penal Code, or of abetting any of those offences, such Collector or other officer shall have the same powers in respect of such offence, and of the person charged with committing the same, as are vested by the 1[Code of Criminal Procedure, 1882] in a Civil Court when any such offence is committed before or against such Court, or when a document believed to be a forgery is given in evidence in any proceeding in such Court.
1. Act 10 of 1882 has been repealed and re-enacted by the Code of Criminal Procedure, 1898.
No order -
(a) refusing to admit an application for partition, or to carry out a partition, on any of the grounds mentioned in Section 11; or
(b) made under Section 30, Chapter V, Ghapter VII, Chapter VIII, Chapter IX (except Section 81), Chapter X, Section 107 or Section 117,
shall be liable to be contested or set aside by suit in any Court, or by any means other than those expressly provided in this Act:
Provided that-
(i) any person claiming a greater interest in lands which were held in common tenancy between two or more estates than has been allotted to him by an order under Section 84 or Section 86, or
(ii) any person who is aggrieved by an order made un
In the execution of the duties imposed on the Board by this Act, the Board shall be guided by such orders or instruction as they may from time to time receive from the 1[State] Government.
1. Subs. by A.L.O.
The Board may from time to time, with the previous sanction of the 1[State] Government, make rules,
1. Subs. by A.L.O.
(a) prescribing, in pursuance of. Section 18, clause (g), particulars to be contained in applications for partition;
(b) for regulating the appointment of persons under Section 35 and the scale of their remuneration, and for enabling an officer making a partition to keep himself informed of the proceedings of such persons and to exercise a proper control over them;
(c) for determining the costs of partitions;
(d) for fixing, for the purposes of Section 37, the instalments in which and the times at which the cost of making partition shall be levied from proprietors;
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