Keyword(s):
Board, Collector, Commissioner, Proprietor, Recorded Proprietor, Tenure,
Applicant, Estate, Joint Undivided Estate, Parent Estate, Separate Estate,
Land, Rent, Assets, Chapter
CHAPTER I
Preliminary.
[Ben. Act V
- (I)This Act may be cullcd rhe Estares Partition Act, I897 ;
(2) It exreads to thc ‘[Sraiesof West Bengal and Bihar and that part
of the State of Orissa which on [heeighth day of December, 1897,
was]’* * under the ;idministriition OF the Lieutenant-Gover-
nor of Bengal-‘;and
(3)It shall come into force on rhc day”on which it is first published
in thc ‘[O’ciol Coze~te]after having reccived thc assent of he
Governor-Gencral.
(2) Any enaclment or document relhrring to the said Estates RC~,Acr
yiycf
PartitionAct. 1876.or to any enacllnenl repealed thereby. shall, so far
as may be, and suhjcc~to sub-section (I) of this seclion, be construed
lu rcfer to I his Act or lo the corresponding portion [hereor. - Inthis Act. unless [here be snlnething repugnant in [he subjecr
or cnntext.-
(i) “Board” means the Board of revenuc for ‘[the Stale];
(iiJ “Collector” means the Collector of the districr on the
revenue-roll ofwhich an estale which is under partition, or which it is
proposed LObring undcr partition is borne, and includes-
‘Tl~cwnrds “Pro\,incculWcst Rcngal and Bihar and thar panof the Province uf
Orissn wl~iclrun thc cigl~ihd;i).olDcccrnbcr I897 was” wcrc originally subslitu~rd
for rhc word “tsmitorics” hy paragnph f I)oC Arriclc 3 of. and the Schcdulc ro, the
Indian Indcpcndcncc (Adaptation of Hcngal and Punjab Acts) Ordcr. 1938, and
~l~crcaftcrthc word “Stntcs” W~Csubstilutcd ror !he word “Provinces” and the word
“Smrc” Tor rhc word “Pruvincc” hy paragraphJ(I)or rhc Adnytarion ol’ Laws Ordcr.
1950.
‘1’11~rvurds “Fnr thc timc hcing” were omiltrd hy para. 3 and Sch. IV lo thc
Guvcrnmcnt or lt~dia(Adaphtion or Indian I-aws) Ordcr. 1937.
“This includcs tl~cprcscnt State or WL’SIHcngal and oihcr tcrrilory.
‘Thcse words were sbstitulctl for lllcwurds “CfllurrrmGuyetre” by pan.40101 ~hcGuvcrnmciit oC India (Adaptalion of lndian Laws) Ordcr. 1937. ‘Thc origial sub-scction (I)was rcpcaled by s. 3 ;,nd ~hcSecond Srh. or lhc
kngalRcpcnling and Amcnding Act. 1946 (Ben. Act XVI of 19-16).
‘The words “thc Pmvincc” wcre originally s~~bs~iluledfor the words “llic
Icrritoricsforthe time hcingundcrrhc administration of thc Licuienant-Cvvcrnor” bp
para. 3 and Sch. 1V ro ilic Govcrniticnt or India (Adaplar~onor Indian Laws) Ordcr, - and r\icrcnU!cr thc word “Siatc” was suhs~iltr~cdt’or Ihc word “Provincc” by
nara~raah41 II rrl’ llic Acl:~atnlionnf Lwvs Ordcr. 1950.Tf~cEsratus Pcrrtiriotr Acl, 1897.
of 1097.1
(0) any officer w horn the Board gencrnlly vests (as it is hereby
empowered lodo)with the powers of a Cullectorunder this
Acl, and to whom theCollcc~orhas, with thesancrionof the
Comrnissianer, delegated (as he is hereby empowered to
do) any of his functions in rcspect of he partition of an
estate. and
(b) any officerwhom the Board specially~vests(as ir is hereby
empowcrcd to do) with [he powers of a Co!lccior for the
purposcs of any partition under this Act;
(iii) “Commissioner” means the Commissioner of Revenue tu
whuol the Collcctur engaged in making a parlition is subordinatc;
(iv) “Depu~yColleclor” includes any Assislant Collector,
Deputy Collector or Sub-Dcputy Collector whom the Collector may
appoint (as he is hereby empowered ro do) 10 effect a partition under
this Act, or to conduct any ol[he proceedings connected with such
partition ;
(v) “proprielor” includcscvery person who is in possessionof
any esrate under partition or any portion of such an-esrate,or of any
inrerest in any such estate or in any part of such an estate. as owncr
thereof, whether or not sucl~pcrson is il recclrdcd proprielor of the
estate;
(vi} “recorded proprietor” means a pcrson whose name is
regisrcredon heCollector’s General Regisrerof revenue-payingland
as proprietor of an estate, or of any share or in~eresttherein;
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