The Partition of Revenue-Paying Estates Act, 1863
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Study material for The Partition of Revenue-Paying Estates Act, 1863
THE PARTITION OF REVENUE-PAYING ESTATES ACT, 1863
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THE PARTITION OF REVENUE-PAYING ESTATES ACT, 1863 ______________ ARRANGEMENT OF SECTIONS ______________ SECTIONS. What parties entitled to partition. Parties desirous of partition to apply to Collector in writing. Appellate Court may, on appeal, stay partition. Notification on partition being ordered. Procedure in case of arrears of revenue accruing during course of partition of estate.
31. Collector may refuse to separate lands in certain cases.
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Collector may refuse to separate lands in certain cases. Where no lands held in common, lands in severalty may be declared separate estate. Commissioner may confirm or modify partition, subject to appeal to Board of Revenue ; and may direct division by lot, under certain circumstances. Procedure by Collector on receipt of order of Commissioner, or of Board of Revenue on appeal. Holder of decree of civil Court, awarding right to portion of estate, may apply for partition, and Collector may proceed thereon under Act. Union in certain cases of severed portions of estates originally undivided.
THE PARTITION OF REVENUE-PAYING ESTATES ACT, 1863
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THE PARTITION OF REVENUE-PAYING ESTATES ACT, 1863 ACT NO. XVIII of 1876. ____________ PASSED BY THE GOVERNER GENERAL OF INDIA IN COUNCIL. th (Received the assent of the Governor General on the 10 March, 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 1 Bengal . Preamble.—WHEREAS it is expedient 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in the North-Western Provinces of the Presidency of Fort 1 William in Bengal ; It is enacted as follows :— I. [Repealed by Act No. Future partitions to be made under provisions of Act.—All partitions of estates which shall be ordered to be made by the officers of Government after the passing of this Act, shall be made under the provisions of this Act, whatever may be the tenure of the estate ordered to be divided. What parties entitled to partition.—Every recorded proprietor of a joint undivided estate paving Revenue to Government, or of any portion thereof, whether such estate is held in common tenancy or otherwise, is entitled to claim partition under this Act. Parties desirous of partition to apply to Collector in writing.—When any one or more of the recorded proprietors of an estate, as described in the last preceding section, shall desire to have his or their shares of the estate separated, in order that he or they may hold the same as a separate property, or as separate properties, such proprietor or proprietors shall make a written application for the purpose to the Collector of the District.
by a duly constituted agent, on a day to be specified in the notification, not being less than fifteen, or
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by a duly constituted agent, on a day to be specified in the notification, not being less than fifteen, or more than thirty days from the date of the notification, and state his objection. Notice to proprietors who have not joined therein.—If the application for partition shall not have been made by all the recorded proprietors of the estate, notice of the application shall be served, in the manner usual in the district for serving notices of the revenue officers, on such of the recorded proprietors of the estate as shall not have joined in the application. Proclamation in case of service of notice being impracticable.—Provided that, if from any cause such service cannot take place, a proclamation notifying such application shall be published, by affixing it at the Mal - kachahri of such estate, or other conspicuous place thereon, or at the village Chauri, Chaupal, or other conspicuous place in each village in such estate. In case of valid objection being made within time allowed, application may be refused.—If any objection be made to the partition, by any party in possession, within the time allowed, and the Collector, on a consideration of such objection, be of opinion that there is any good and sufficient reason, not inconsistent with the provisions of this Act, why the partition should be absolutely disallowed, he may refuse the application, recording the grounds of his refusal. Procedure if question of title, or of proprietary right, be raised.—If the objection raise any question of title, or of proprietary right, which shall not appear to have been already determined by a Court of competent Jurisdiction, the Collector may either decline to grant the application until the question in dispute shall have been determined by a competent Court, or he may proceed to inquire into the merits of the objection. Notification on partition being ordered.—When the Collector, after disposing of the objections (if any) taken to the partition, shall order a partition to be made, he shall cause a Notification to be published in his own Office, in the District Court, and at some conspicuous place on 4
the estate which is to be divided, intimating his intention to proceed with the partition after thirty days
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the estate which is to be divided, intimating his intention to proceed with the partition after thirty days from the date of the notification. Partition by whom carried out.—The partition shall be made by the Collector in whose district the estate is situate, or, if the estate be situate in two or more districts, then by the Collector of any one of such Districts, who may be specially ordered by the Commissioner of the Division, to superintend the partition. If the estate be situated in two or more divisions, the partition shall be made by such Collector as the Board of Revenue shall order. Partition may be stayed, and proceedings quashed, by Commissioner.—At any stage of the proceedings after a partition shall have been ordered, if it shall appear from information which was not before the Collector at the time the partition was ordered, or otherwise, that any reason not inconsistent with the provisions of this Act exists, why the partition should not be proceeded with, it shall be competent to the Commissioner, on the report of the Collector, and subject to any orders that the Board of Revenue may pass in the case, to stay the partition, and to order the proceedings to be quashed. Procedure after lapse of period mentioned in notification under section XII.—After the expiration of the period mentioned in the Notification referred to in Section XII of this Act, the Collector shall, if necessary, cause a measurement of all the lands comprised in the estate to be made, and a rent-roll of the same to be prepared. Provided that any of the proprietors shall be permitted to file a rent-roll of the estate, which shall be accepted if acknowledged to be correct by all the proprietors.
XXI. Powers of Collector with regard to arbitrators.—After the arbitrators shall have
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allow the parties the option of making a private partition of the estate and allotment of the public revenue amongst themselves, within such time as he may fix, or, if the parties shall not consent to make a private partition of the estate, or shall fail to make such partition within the time fixed by the Collector, the Collector shall call upon them to state whether they are willing to refer the partition of the estate, and the apportionment of the public revenue, to an arbitrator or arbitrators to be appointed by them. The partition and allotment of the public revenue made by the parties, or by arbitrators appointed by them, shall be subject to the confirmation of the Collector, and the orders of the superior Revenue-authorities. If Parties cannot agree as to arbitrators, later may be appointed by Collector.—If the parties consent to refer the partition of the estate, and the allotment of the public Revenue, or any point arising in the course of the partition, to arbitration, but they cannot agree amongst themselves as to the arbitrator or arbitrators to be appointed, the Collector may appoint two or more persons to be arbitrators in the case. In case of equality of votes, Collector to act as umpire.—If the arbitrators are equally divided in opinion, the Collector shall act as umpire, and the partition made by the arbitrator or arbitrators with whom the Collector shall concur, shall be the partition in the case. Powers of Collector with regard to arbitrators.—After the arbitrators shall have accepted the appointment, the Collector shall transmit the whole of the papers to them, and it shall be competent to the Collector to exercise towards the arbitrators the same powers and authority for securing their attendance, and the due completion of their award, which he is competent to exercise towards witnesses summoned before him when acting judicially, for the purpose of compelling them to attend and give evidence. The Collector shall also fix a time within which the arbitrator or arbitrators shall deliver the paper of partition.
the partition, and shall forward the whole of the papers to such Officer, and shall direct him to
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the partition, and shall forward the whole of the papers to such Officer, and shall direct him to proceed to the estate, and to make the partition within a time to be fixed by the Collector. Who shall summon proprietors by proclamation to attend proceedings.—The Officer appointed to make the partition shall issue a proclamation at the Mal-kachahari of the estate, or other conspicuous place thereon, or at the village Chaunri, or Chaupal, requiring the several proprietors of the estate to attend upon him in person, or by agent, during the time that the partition is being made. Estate may be attached and brought under khas management under superintendence of Officer.—At the commencement of the Revenue year current in the District, the Collector may direct the Officer appointed to make the partition, or some other person, to attach the estate, and to bring it under khas management under the personal superintendence of such Officer. Procedure in case of arrears of revenue accruing during course of partition of estate.—If an arrear of public Revenue shall accrue on an estate ordered to be divided, while the partition of the estate is being made, any one or more of the proprietors may tender to the Collector his or their quota of the balance, and the Collector shall receive the same, and credit the amount to the share or shares of such proprietor or proprietors. If a sale of any part of the estate shall ultimately become necessary for the liquidation of any part of such arrear which may remain due, only the share or shares of the proprietor or proprietors who shall not have contributed their quota of the balance shall be sold in the first instance, and the partition shall go on and be completed, in the same manner as if no arrear of public Revenue had accrued. Powers of Officer charged with partition, in respect of measurement, &c.—If the Officer appointed to make the partition shall consider it necessary, to assist him in making the same, to cause a detailed measurement to be made of all the lands comprised in the estate, or a map of the estate to be prepared, he shall exercise the same powers for making such measurement and map as are vested in the Collector by any law for the time being in force.
formation of a compact estate impossible, and if the parties affected by the partition decline to permit
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formation of a compact estate impossible, and if the parties affected by the partition decline to permit of the transfers necessary for curing such defect. Where no lands held in common, lands in severalty may be declared a separate estate.—Where there may be no lands held in common, the lands in severalty, held by the applicant for partition, or assigned to him by the Collector under the provisions of this Act, shall be assessed and declared a separate estate. Partition may be stayed if parties so desire.—If, at any time after an order shall have been passed for making a partition, it shall appear, either from the report of the Officer appointed to make the partition, or from any other information, that the parties are not desirous that the partition should proceed, it shall be competent to the Collector, with the sanction of the Commissioner, to stop the partition, and to strike the case off the file, Recovery of costs.—recovering from the sharers all costs and expenses incurred up to that time. Estates formed in course of partition to be as compact as possible.—It shall be the duty of the Officer appointed to make the partition, so far as circumstances will admit, to take care that the estates into which the estate is divided shall consist of contiguous mehals or villages. Provided that, if the estate ordered to be divided shall not consist of a sufficient number of villages to admit of one or more entire village or villages being included in each estate, the partition of the village or villages of which the estate shall consist shall be made so as to render each estate as compact as possible. So far as may be practicable, and consistent with compactness of partition, lands held in severalty shall be left in the possession of the parties holding the same.
XXXVIII. Rule when dwelling-house belonging to one sharer, is situate on ground to be
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Rule when dwelling-house belonging to one sharer, is situate on ground to be allotted to another sharer.—If a dwelling-house belonging to one sharer shall be situate on any land, or in any village, which it may be necessary to include in the share of another sharer, the proprietor of such house shall be at liberty to retain it, with the offices, buildings, and grounds, immediately attached thereto, upon agreeing to pay to the proprietor of the land or village in which the same is situate an equitable rent for the ground. The limits of the ground and the rent to be paid for it shall be fixed by the Officer making the partition, and shall be stated in the paper of partition. Rule as to tanks, wells, water-courses, and embankments.—Tanks, wells, water-courses, and embankments, shall be considered as attached to the land for the benefit of which they were originally made. In cases in which, from the extent, situation, or construction of such works, it shall be found necessary to continue them the joint property of the proprietors of two or more of the estates into which the estate may be divided, the paper of partition shall specify, as far as circumstances may admit, the extent to which 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. Rule as to places of worship.—Places of worship, which shall have been held in common previous to the partition of an estate, shall continue to be so held, unless the parties shall otherwise agree amongst themselves, in which case they shall state in writing the agreement into which they have entered, and the Officer making the partition shall enter a note of the agreement in the paper of partition. Particulars to be contained in the paper of partition to be submitted by Officer making same.—When the Officer appointed to make the partition shall have completed the partition, and allotted the public Revenue on each of the estates into which it is proposed that the estate shall be divided, he shall prepare and submit to the Collector a paper of partition, showing how he proposes to divide the estate, and to apportion the public Revenue.
Revenue;—The Commissioner shall either uphold the partition proposed by the Collector, or modify
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Commissioner may confirm or modify partition, subject to appeal to Board of Revenue;—The Commissioner shall either uphold the partition proposed by the Collector, or modify the same. The decision of the Commissioner shall not be open to revision by the Civil Court, but shall be subject to appeal to the Board of Revenue. And may direct division by lot under certain circumstances.—He may also, if he think proper, direct that, when two or more of the estates into which it is proposed to divide the estate shall consist of the same proportions of the entire estate, the parties entitled thereto shall draw lots for the same before the Collector. Procedure by Collector on receipt of order of Commissioner, or of Board of Revenue on appeal.—On the receipt of the order of the Commissioner or if an appeal be preferred to the Board of Revenue, then, of the order passed on the appeal, the Collector shall cause the same to be published in his Office, and in some conspicuous place in each of the estates separately constituted by such order. The Collector shall at the same time specify the date from which each of the estates shall be held to be a separate estate, and shall enter the several estates into which the estate has been divided in the Register of Estates paying Revenue to Government. Holder of decree of Civil Court, awarding right to portion of an estate, may apply for partition, and Collector may proceed thereon under Act.—Whenever any Court of Civil Judicature shall pass a decree, awarding to any person the proprietary right in a portion of an estate paying Revenue to Government, whether the portion so awarded shall consist of a fractional share in 10
the whole, or a part, of the estate, or of specific lands, the decree-holder may apply to the Collector for
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the whole, or a part, of the estate, or of specific lands, the decree-holder may apply to the Collector for a partition of the estate; and on the receipt of such application, the Collector shall proceed thereupon under the provisions of this Act, which are hereby declared applicable to such applications. Union in certain cases of severed portions of estates originally undivided.—If two or more estates, which may have originally formed portions of the same estate, shall come into the possession of one person, such person shall be entitled to have such estates united, and to hold them as a single estate; or if two or more persons shall have separate possession of their respective shares of an estate which was originally held as a joint undivided estate, such persons may apply to have their shares united, and to hold them as one estate. Application for such union how to be made, and how to be dealt with.—The applications for the union of the estates, or of the shares of the estate, as the case may be, shall be made in writing to the Collector of the District in which the estates, or shares of the estate, are situate, and the Collector (provided he see no objection) shall comply with the application, and cause the necessary entries to be made in the records of his Office, reporting the case to the superior Revenue Authorities. Provisions of Act applied to partition of estates held free from payment of Revenue.—The provisions of this Act may, in so far as the same are applicable be applied, by order of the Local Government to the partition of any estate held free from the payment of Government Revenue. Control of Collector's proceedings under Act.—In the performance of his duties under this Act, the Collector shall be subject to the general direction and control of the Commissioner of the Division, and the Board of Revenue. Orders of Collector, except in certain cases, open to revision by superior Revenue Authorities.— All orders passed by a Collector under this Act, unless otherwise provided, not being orders or decisions within the meaning of Section IX, shall be open to revision by the superior Revenue Authorities.
LVIII. Interpretation.—Unless there be something in the subject or context repugnant to such
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Interpretation.—Unless there be something in the subject or context repugnant to such construction, words importing the singular number shall include the plural number, and words importing the plural number shall include the singular number; and words importing the masculine gender shall include females. Territorial scope of Act.—This Act shall extend only to such parts of the North-Western Provinces of the Presidency of Fort William in Bengal as are subject to the general Regulations of that Presidency; but the Act may be extended, by order of the Local Government, either wholly or in part, to any Non-Regulation Province under such Government. _____________ 12