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Section 40

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Chapter IPreliminary

1Short title, extent and commencement
2Repeal and savings
3Definition

Chapter IIRight to claim partition

4Who entitled to claim partition
5Partition according to interest
6Separation of land held in common between the proprietors of two or more estates, when the estates are not under partition
7Partition of lands under Act where a partition has been made by private arrangement
8Tenants for life not entitled to claim partition

Chapter IIISecurity of the Land-Revenue

9Future partitions not to relieve land from liability for total land-revenue, unless made as provided in this Act
10Amount of land-revenue to be assessed on each separate estate
11Restrictions on partition of an estate with reference to land-revenue
12Execution of decree for partition
13Power to refuse partition which would result information of estates scattered so as to endanger the safety of the land-revenue
14Interest alienated with special condition as to liability for land-revenue
15Sale, for arrears of land-revenue of an estate which is under partition
16Sale for arrears of land-revenue, of share in an estate which is under partition

Chapter IVInitiation and discontinuance of partition proceedings

17Application for partition how to be made
18Application to be signed and to contain certain particulars
19Application to be accompanied by copy of rent-roll and by specification of previous measurements and record-of rights
20Procedure if application is not in order
21Notification and notice of application
22Power to reject application on receipt of objection
23Procedure when objection raises any question of right or title or extent of interest
24Resumption of proceedings after postponement
25Suits instituted after four months not to affect or stay proceedings for partition
26Decree made while partition proceedings are in progress
27Decree made after partition proceedings completed
28Power of Civil Court to order partition on application being made to Collector
29Admission of application for partition, and procedure thereupon
30Subsequent application for separation of another share
31Power of Collector to refer application for partition to Deputy Collector
32Power of Collector to appoint Deputy Collector to carry out partition
33Power to strike partition case off the file, on petition of parties
34Power of Commissioner to strike partition case off the file

Chapter VEstablishments and Costs.

35Power to appoint establishments and prescribe scale of remuneration
36Power to appoint special establishment
37Estimating and levy of cost of partition
38Apportionment of cost of partition
39Power of Deputy Collector to declare cost of local inquiry and by whom it is to be paid
40On completion of partition, total cost to be declared and account adjusted
41Power to direct that salary of Deputy Collector, and cost of special establishment, be recovered as part of costs of partition
42Estates Partition Account
43Order by Civil Court for payment by parties of costs of partition

Chapter VIProceedings up to the Determination of the Partition

44Powers of Deputy Collector in making a partition
45Deputy Collector when to make survey and prepare record of existing rents and assets
46Particulars to be recorded
47Attestation of survey papers and record of existing rents and asset
48Publication of survey papers and record of existing rents and assets
49Power of Deputy Collector to accept previous survey, record-of-rights, measurements or rent-rolls, instead of making a new survey and a record of existing rents and assets
50Record of order, fixing of day for determining partition and service of notices

Chapter VIIPartition by Amicable Arrangement or by Arbitration.

51Power to allow partition to be made by proprietors themselves or by arbitrators
52Procedure on reference to arbitration
53Arbitrators to deliver a partition paper
54Remuneration of arbitrators
55Approval of Collector and other authorities
56Assessment of land-revenue

Chapter VIIIMaking of partition by the Deputy Collector, and Approval thereof by the Collector

57Procedure where no petition presented under Section 51
58Submission of case to Collector; his duties
59Duties of Deputy Collector when partition has been approved by Collector, or when Collector makes a new partition
60Proprietor not appearing on fixed day not entitled to make objection
61Submission of the papers to the Commissioner after approval of the partition by the Collector

Chapter IXGeneral Principles for making Partitions Lands held in common tenancy

62Separate estates to be made compact
63Circumstances to be considered in making partition
64Rights when dwelling house belonging to one proprietor is situated on land to be allotted to another proprietor
65Power to apply Section 64 to gardens, etc
66Rent for land fixed under Section 64 or 65 deemed to be the assets of the land
67Redemption of rent fixed under Section 64
68Amount payable in redemption of rent
69Such amount when payable
70Notice of payment to be given, and land to be held rent free
71Collector to register the rent free tenure
72Drawing of lots for equal share
73Order and method of drawing lots when aggregate of two or more shares equals one other share, or equals the aggregate of two or more other shares
74Deputy Collector may require proprietors to attend or appoint agent for the purpose of drawing lots
75In default, Deputy Collector may appoint a person to draw lots
76Partition according to separate possession, and apportionment of land-revenue
77Lands of which each proprietor is in possession to be allotted to him
78Collector may cause transfer of lands agreed to by parties
79Places of worship, etc
80Tanks, wells, water-courses, reservoirs and embankments
81Splittin-up-of tenure or holding and apportionment of rent thereof

Chapter XProcedure before the Commissioner up to the Completion of a Partition.

90Procedure if proceedings require amendment or if appeal or objection presented
91Procedure in other cases
92Commissioner may return the papers for amendment or inquiry as often as he thinks fit
93Procedure by Collector on receipt of Commissioner's order confirming, or Board's order sanctioning a partition
94Procedure as to giving possession of separate estates
95Each separate estate to be borne on the revenue-roll and General Register as separately liable for the land-revenue assessed upon it
96Boundary marks

Chapter XIMiscellaneous

97Powers of Deputy Collector as to production of documents and attendance of witnesses
98General power to refer to arbitration
99Saving of tenures, leases and encumbrances
100Uniting of estates
101If separate estate falls into arrear, Collector to enquire into cause and report to Commissioner
102Power of Board to order a new allotment of the land-revenue
103Power to require proprietors of under assessed estates to make refund to proprietors of over assessed estates
104Publication of notification
105Service of notices
106Mistakes and irregularities not to vitiate proceedings
107Fine in case of non-compliance with requisition
108[ Fees, etc., to be recoverable as public demands. [Bengal Act 1 of 1895 has been repealed and re-enacted by the B.O. Public Demands Recovery Act, 1914, Section 2, and this reference should now be construed as a reference to the latter Act-see the B. & O. General Clauses Act, 1917, Section 10.]
109Powers and functions of deputy Collector may be exercised by Collector
110Power to vest Collector or Deputy Collector with settlement
111Appeals to the Collector and admission by him of objections
112Appeals to the Commissioner, and admission by him of objections
113Appeals to the Board
114Limitation of appeals; revision by Board; further appeals to Board
115Stay of proceedings pending Appeal or Revision
116Revision of proceedings connected with giving possession

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EP Act 40Chapter V · Establishments and Costs.

Section 40 · On completion of partition, total cost to be declared and account adjusted

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(1)

Upon the completion of a partition, the Collector shall make an order declaring the total cost thereof.

(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.

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