Chapter 5 Chapter 5

Establishmcnts and Costs

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. (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. (2) If the amount first estimated is found insufficient, supplementary estimates 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—

1. (a) shall be paid by the person making the objection, or by any one of the proprietors; or
2. (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
3. (c) shall be deemed to be a part of the cost of the partition.

1. (1) Upon the completion of a partition, the Collector shall make an order declaring the total cost thereof.
2. (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. (1) Whenever it appears to the State Government 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, 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.
2. (2) For the purposes of sub-section
3. (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.
4. (3) Whenever it appears to the State Government that the said work in any district is so great as to occupy a considerable portion, though not the whole, of the time of a Deputy Collector, or whenever a special establishment is appointed under section 36, the State Government may direct that a portion of the salary of such Deputy Collector or the whole of the cost of such special establishment shall be recovered from the proprietors of estates under partition in such district, as part of the costs of such partition.

1. (1) The State Government may direct that in any district an Estates Partition 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.
2. (2) When the keeping of an Estates Partition Account has been directed in any district, the charges leviable in that district from the proprietors of any estate under partition may, notwithstanding anything contained in the foregoing sections of this chapter, be levied according to a general scale of fees to be fixed by the Board.
3. (3) Such scale of fees shall be fixed, as nearly as may be, so that the receipts and expenditure shown in the said Account shall balance one another, and shall be revised from time to time by the Board so as to secure compliance with this condition.
4. (4) The said fees shall be apportioned, and the proportionate amount thereof due from any proprietor or proprietors may be increased, in the manner and under the circumstances mentioned in section 38.
5. (5) The said fees shall be levied from the proprietors in such instalments and at such times as may be fixed in accordance with any rules which the Board may make in this behalf.
6. (6) An abstract of the Estates Partition Account of each district, made up to the end of each financial year, shall be published in the Official Gazette and posted up at the office of the Collector of the district.
7. (7) A direction in force immediately before the commencement of Part III of the Government of India Act, 1935, that an Estates Partition Fund shall be formed in any district shall, after that date, have effect as if it were a direction that an Estates Partition Account should be kept in that district.

1. (1) Whenever any 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 proportion as the Court may, upon a consideration of the particular circumstances of the case, deem equitable.
2. (2) Copies of all orders passed under sub-section
3. (1) shall be transmitted to the Collector for his guidance, together with the precept which the Court issues to him requiring him to divide the estate; and the Collector shall levy the said costs or fees from the parties, in accordance with the order, in the same manner and by the same means as if the levy of such costs or fees had been ordered by himself.