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The Partition of Revenue-paying Estates Act, 1863

Central

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.

Act number
19 of 1863
Ministry
Ministry of Home Affairs
Department
Department of States
Enacted
10 Mar 1863

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

59 sections

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