Chapter 8 Chapter 8

Making of Partitions by the Dcputy Collector, and approval thereof by the Collector

1. (1) If no petition is presented under section 51, the Deputy Collector shall, on the day fixed under section 50, or on any subsequent day or days to which the hearing may be postponed by notice posted at his office,-
   • (i) consult all proprietors who are present, and
   • (ii) hear, and after such inquiry as he may consider necessary, dispose of any objections which they may urge.
2. (2) The Deputy Collector shall then proceed to determine how the lands of the parent estate shall be partitioned into the separate estates, and all matters arising out of such partition; and shall cause to be prepared-
   • (a) a paper of partition, in a form prescribed by rules made by the Board, specifying in detail-
     • (i) the lands which he has included in each separate estate, and the area of such lands,
     • (ii) the rental of such lands, and the other assets, if any, of each separate estate,
     • (iii) the name or names of the recorded proprietor or proprietors of each separate estate,
     • (iv) any stipulations which may have been made regarding places of worship, ranks or other matters mentioned in Chapter IX, and
     • (v) the amount of land-revenue to be assessed on each separate estate in the manner prescribed by section 10; and
   • (b) a map showing the lands which fall within each separate estate and the boundaries of such lands.
3. (3) In making the partition the Deputy Collector shall be guided by the provisions of Chapter IX, and shall make the partition in the manner which, in his opinion, is on the whole most in accordance with those provisions and most equitable and convenient to all parties concerned.

1. (1) The partition, as made under this chapter, shall be submitted for the sanction of the Collector, and he shall by notice fix a day for the consideration of the same.
2. (2) Every such notice shall be served on the proprietors and shall be published in the manner prescribed by section 104.
3. (3) The day fixed by the said notice shall be not less than fifteen days after the publication of the notice at the Collector's office.
4. (4) After hearing and disposing of any objection which may be preferred, the Collector shall pass such orders as he may think proper-
   • (a) approving the partition, with or without amendments; or
   • (b) making a new partition; or
   • (c) returning the papers to the Deputy Collector for amendment of the partition, or for making a new partition, with such directions as to the Collector may seem fit in regard to the issue of a notice to appear to the proprietors or any of them who are specially interested.
5. (5) If the papers are returned to the Deputy Collector, the Collector shall, on their re-submission, proceed again to consider the partition as provided in the foregoing sub-sections of this section.

1. (1) When the partition has been approved by the Collector, the Deputy Collector shall, after making such alterations as may be necessary in the partition paper or map, or preparing a new partition paper or map, in accordance with the orders passed by the Collector,-
   • (a) cause to be prepared a separate extract of the portion of the partition paper which relates to each separate estate,
   • (b) cause to be tendered to any recorded proprietor of a separate estate, or any authorized agent of such proprietor, who may be in attendance at the Deputy Collector's office, the extract which relates to such separate estate, and
   • (c) publish a notification at his office calling upon every proprietor to whom or to whose agent an extract from the partition paper has not been tendered as aforesaid, to take out of the Deputy Collector's office the extract of the partition paper relating to his separate estate.
2. (2) If the circumstances of the partition so require, an extract of the map prepared by the Deputy Collector, or a copy of such map, shall be annexed to every separate extract from the partition paper mentioned in sub-section (1).
3. (3) The Deputy Collector shall also proceed in the manner hereinbefore provided when the Collector makes a new partition.

No proprietor who has failed to appear before the Deputy Collector in person or by agent on a day fixed, under section 50 or section 57 for the partition of the lands into the several separate estates, and no proprietor who has failed so to appear before the Collector on a day fixed under section 58, shall, unless he shows sufficient cause for such failure, be entitled at any subsequent time to make any objection to the orders which may be passed on such days respectively.

When a partition has been approved by the Collector, or when he has made a new partition, and after the tender of extracts and the publication of a notification as provided in section 59, the Collector- shall cause a notice to be served on each of the recorded proprietors, stating that the papers will be submitted at once for confirmation of the partition by the Commissioner, and that any appeals or objections must be presented to the Commissioner, or to the Collector for transmission to the Commissioner, within thirty days from the date of the service of the said notice: and shall, after the issue of such notice, forward to the Commissioner all papers relating to the partition.