The Rent Recovery Act, 1853
Subject: General Law
Updated:
Study material for The Rent Recovery Act, 1853
THE RENT RECOVERY ACT, 1853
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THE RENT RECOVERY ACT, 1853 ACT NO. VI OF 1853 [Passed on the 15th April,1853.] Recites transfer of Summary Suit from Judge to Collector, &c. and doubts in certain cases. An Act relating to summary suits for arrears of rent, to sales of Putnee Talooks and other saleable tenures, and to sales of land in satisfaction of Summary Decrees for rent. 1835, the power theretofore vested in the Judge of the Dewanny Adawlut of selling land satisfaction of Summary Decrees for rent was transferred to the Collectors of Land-Revenue, and it was enacted that all sales for the recovery of arrears of rent held under clause 7, section 15, Regulation VII. 1835; and whereas doubts may be entertained as to who ought to exercise the jurisdiction transferred by the abovementioned Regulations and Acts, where lands situate within the zillah or other district of one Collector, form part of an entire estate, paying revenue to the Collector of an another Zillah or district;In order therefore to avoid such doubts, and also to define who are the proper Officers to exercise such jurisdictions in cases where lands are situate in a district assigned to an independent Deputy Collector, and also in cases where lands held in putnee, or other tenure, at one entire rent are situate in two or more Collectorates, and to prevent any such decision or sale already made from being held invalid, upon the ground of its having been made by an Officer of a wrong district; It is enacted as follows: I. If the lands which may be the subject of any such sale, or to the rent of which any such suit may relate, be all situate in one Collectorate, the Collector of such Collectorate is the Collector to conduct the sale, or to hear and decide the suit.
or at one entire rent, the Collector, in whose Collectorate the greater part of such lands shall be situate, is
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or at one entire rent, the Collector, in whose Collectorate the greater part of such lands shall be situate, is the Collector to conduct the sale of such Talook, or tenure or of such lands, and to hear and decide any summary suit relating to arrears or exactions of rent in respect thereof. If a Collector to whom application shall be made to exercise any of the powers above mentioned shall entertain any doubt as to whether the lands or the greater part of them are situate within his collectorate, he shall report the case for the order of the Board to which he is subordinate, and, if ordered by such Board to proceed in the matter, such order shall be conclusive upon the question of his jurisdiction. The word “Collectorate” in this Act means the zillah or other district to which a Collector is appointed, and no lands situate beyond the limits of such zillah or district shall be deemed to be situate within the Collectorate, by reason of their forming part of an estate paying revenue to the Collector thereof. An independent Deputy Collector may, within his Deputy Collectorate, exercise all the powers and jurisdictions of a Collector with which he may be entrusted, in the same manner and to the same extent as a Collector may do within his Collectorate, and with reference to the exercise of such powers and jurisdictions, his Deputy Collectorate shall be deemed a Collectorate, and he shall be deemed to be a Collector within the meaning of this Act. An independent Deputy Collector is an Officer appointed by Government to act as Deputy Collector, independently of a Collector, whether his office is one for the receipt of revenue or not.A Deputy Collectorate is the district within which an independent Deputy Collector is directed by Government to act. An independent Deputy Collector may exercise the powers assigned to him over any part of his Deputy Collectorate in public Cutcherry, in whatever part of his Deputy Collectorate the same may be situate or held.