EP Act 42Chapter V · Establishments and Costs.

Section 42 · Estates Partition Account

- [(1) The [State] [Substituted by A.O. for the original sub-section (1).] Government may direct that in any district an 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)

When [the keeping of an Estates Partition Account] [Substituted by A.O. for 'the formation of an Estate Partition Fund'] 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)

Such scale of fees shall be fixed, as nearly as may be, so that the receipts and expenditure [shown in the said Account] [Substituted by A.O. for 'of the said fund'] shall balance one another, and shall be revised from time to time by the Board so as to secure compliance with this condition.

(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)

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)

An abstract of the [Estates Partition Account] [Substituted by A.O. for 'Estates Partition Fund'.] of each district, made up to the end of each financial year, shall be published in the [Official Gazette] [Substituted by A.O. for 'Calcutta Gazette'] and posted up at the office of the Collector of the district.

(7)

[ A direction in force immediately before the commencement of part III of the Government of India Act, 1935 that an Estate Partition Fund shall be formed in any district shall, after that date, have effect as if it were a direction that an Estate Partition Account should be kept in that district] [Inserted by A.L.O.]

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