Chapter 11 Chapter 11

Miscellaneous

1. (1) If two or more estates came 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. (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 [State Government] 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, the [State Government] 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 such estate as they stood at the time of the partition, such estimate being made on such evidence and information as may be procurable.

1. (1) Whenever the [State Government] passes an order under section 102 for the re-allotment of the land-revenue on any separate estate, [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.
2. (2) No order passed by the [State Government] under sub-section
3. (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—

1. (a) at the office of the Collector,
2. (b) at the office of the Deputy Collector who is to make, is making or has made the partition,
3. (c) at the village office or village offices, if any, of the proprietors of the parent estate, and
4. (d) in one or more of the principal villages in the said estate.

1. (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 the village office of the person to whom the notice is directed ; or, if no such village office be found, and if the notice cannot be served in any of the other modes mentioned in this section, by affixing a copy of the notice on some conspicuous place on the estate to which the notice relates.
2. (2) Where two or more persons are joint applicants for the separation of an estate to be held by them jointly as a separate estate, the service of a notice in any of the modes mentioned in sub-section (1), on any one of such joint applicants shall be deemed to be good and sufficient service on both or all of them.

If the directions of this Act are in substance and effect complied with, no proceedings thereunder shall be affected—

1. (a) by reason of any mistake or informality unless any person has suffered, or is in danger of suffering material injury in consequence of such mistake or informality ; or
2. (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 there for by notice, with any requisition 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 the 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, the Collector 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 this Act to be paid by any person shall be deemed to be public demands, and shall be recoverable under [the Bengal Public Demands Recovery Act, 1913].

All or any powers and functions which are assigned by this Act to a Deputy 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 appealable to the Collector, then if such act has been done, or such order has been made, by the 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. (1) The [State Government] 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.
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 specially in respect of any particular estate.

1. (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 any inquiry held in consequence of an objection raised shall be paid ;
   • (b) made 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 rent 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, sub-section (3), an application for partition according to separate possession ;
   • (f) directing, under section 81, sub-section (3), that a tenure or holding be split up, and that the rent thereof be apportioned ; or
   • (g) imposing a fine under section 107.
2. (2) Objections to any other orders passed by the Deputy Collector shall only be admitted by the Collector if made when he proceeds to consider a partition under section 58.

1. (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 ;
   • (d) made under section 50, adopting a record of existing rents and other assets of land ;
   • (e) refusing, under section 55, to approve a partition made by proprietors or by an arbitrator or arbitrators ;
   • (f) refusing to allow a partition to be made under section 76 in accordance with separate possession ;
   • (g) directing, under section 85, that any sum exceeding five hundred rupees shall be levied from the proprietor of an estate not under partition ;
   • (h) confirming, amending or rejecting, under section 86, an allotment made under section 84 ;
     • (i) made under section 88, when a dispute or doubt exists as to whether any land forms part of a parent estate ;
   • (j) imposing or confirming the imposition of a fine under section 107 : or
   • (k) imposing any fine amounting to more than fifty rupees, or directing the payment of any costs amounting to more than fifty rupees.
2. (2) Objections to any other orders passed by the Collector shall only be admitted by the Commissioner if made when he proceeds to consider a partition under section 90 or section 91.

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—

1. (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 ;
2. (b) confirming, modifying or reversing any order of the Collector directing, under section 29, that an application for partition be admitted ;
3. (c) confirming or amending a partition as approved or made by the Collector ; or
4. (d) imposing, or confirming the imposition of, any fine amounting to five hundred rupees, or ordering or confirming an order directing the payment of any costs amounting to more than five hundred rupees.

1. (1) Except in the cases mentioned in section 113, when an order of a Collector, whether passed by him in the first instance or in appeal from the order of a Deputy Collector, is upheld by the Commissioner, no further appeal shall lie ; but the Board, acting either on the application of the party aggrieved or of their own motion, may call for the record of the case and pass such order as they think fit.
2. (2) When an order of a Collector, whether passed by him in the first instance or in appeal from the order of a Deputy Collector, is modified or reversed by the Commissioner, a further appeal shall lie to the Board in the following cases only, namely, when the order of the Collector was one—
   • (a) directing, under section 38, that any proprietor shall pay more than his proportionate share of the cost of a partition, when the excess which he is ordered to pay exceeds five hundred rupees ;
   • (b) made under section 50, adopting a record of existing rents and other assets of land ;
   • (c) directing, under section 85, that any sum exceeding five hundred rupees shall be levied from the proprietor of an estate under partition ; or
   • (d) confirming, amending or rejecting, under section 86, an allotment made under section 84.

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. (1) Any proceedings 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. (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 Code of Criminal Procedure [1898] 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 proceedings in such Court.

No order under this Act—

1. (a) refusing to admit an application for partition, or to carry out a partition, on any of the grounds mentioned in section 11 ; or
2. (b) made under section 20, section 30, Chapter V, Chapter 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 allowed to him by an order under section 84 or section 86 ; or
   • (ii) any person who is aggrieved by an order made under section 88, may bring a suit in a Court of competent jurisdiction to modify or set aside such order.

In the execution of the duties imposed on the Board by this Act, the Board shall be guided by such orders or instructions as they may from time to time receive from the [State Government].

The Board may, from time to time, with the previous sanction of the [State Government] make rules—

1. (a) prescribing, in pursuance of section 18, clause (g), particulars to be contained in applications for partition ;
2. (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 ;
3. (c) for determining the costs of partitions ;
4. (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 ;
5. (e) for fixing, a general scale of fees for the levy of charges from proprietors of estates under partition, when [the keeping of an Estate Partition Account] has been directed under section 42 ;
6. (f) for fixing the instalments in which and the times at which the said fees shall be levied from proprietors ;
7. (g) generally, for regulating the receipts, disbursements and management of any [Estates Partition Account kept] under the said section 42 ;
8. (h) prescribing what entries in the record of existing rents and other assets shall be read out and, when necessary, corrected or added to, under section 47, sub-section

1. (2) ;
   • (i) prescribing the manner in which and the period for which copies of survey papers and records of existing rents and other assets shall be published under section 48 ;
   • (j) prescribing the entries in survey papers or records of existing rents and other assets of which copies shall be furnished to landlords and tenants under the said section 48 ;
   • (k) prescribing the form of partition papers to be delivered under section 53 or prepared under section 57 ; and
   • (l) generally, for the guidance of officers in conducting partitions or making a survey and preparing a record of existing rents and other assets of land under this Act.