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Section 86

PLR Act

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Chapter IPreliminary

1Title, extent and commencement
2Repeal
3Definitions
4Exclusion of certain land from operation of Act
5Power to vary limits and alter number of tahsils, districts and divisions

Chapter IIClasses and Powers · Administrative Control. · Appeal, Review and Revision. · Procedure · Supplemental Provisions.

Classes and Powers

6Classes of Revenue-officers
7Financial Commissioner
8Appointment of Commissioners, and Deputy, Assistant and Extra Assistant Commissioners
9Appointment of Tahsildars and Naib-tahsildars
10Powers of Revenue-officers

Administrative Control.

11Superintendence and control of Revenue-officers
12Power to distribute business and withdraw and transfer cases

Appeal, Review and Revision.

13Appeals
14Limitation for appeals
15Review by Revenue-officers
16Power to call for, examine and revise proceedings of Revenue-officers

Procedure

17Power to make rules as to procedure
18Persons by whom appearances and applications may be made before and to Revenue-officers
19Power of Revenue-officer to summon persons
20Mode of service of summons
21Mode of service of notice, order or proclamation or copy thereof
22Mode of making proclamation

Supplemental Provisions.

23Place of sitting
24Holidays
25Discharge of duties of Collector dying or being disabled
26Retention of powers by Revenue-officers on transfer
27Conferment of powers of Revenue-officers

Chapter IIIKanungos, Zaildars, Inamdars AND VILLAGE-oFFICERS.

28Rules respecting kanungos, zaildars, inamdars and village-officers
29Village-officers? cess
30Restriction on attachment or assignment of remuneration of kanungos, Zaildars, Inamdars and village-officers

Chapter IVRecords. · Procedure for making Records · Rights of the Government and presumptions with respect thereto and to other matters · Supplemental Provisions.

Records.

31Record-of-rights and documents included therein
32Making or special revision of record-of-rights
33Annual record

Procedure for making Records

34Making of that part of the annual record which relates to land-owners, assignees of revenue and occupancy, tenants
35Making of that part of the annual record which relates to other persons
36Determination of disputes
37Restrictions on variation of entries in records
38Mutation-fees
39Penalty for neglect to report acquisition of any right referred to in section 34
40Obligation to furnish information necessary for the preparation of records

Rights of the Government and presumptions with respect thereto and to other matters

41Rights of the Government in mines and minerals
42Presumption as to ownership of forests, quarries and waste-lands
43Compensation for infringement of rights of third parties in exercise of a right of the Government
44Presumption in favour of entries in records-of-rights and annual records
45Suit for declaratory decree by person aggrieved by an entry in a record

Supplemental Provisions.

46Power to make rules respecting records and other matters connected therewith
47Record-of-rights and annual records for groups of estates

Chapter VAssessment. · Special Assessments.

Assessment.

48Assessment of land-revenue
49Notification of intended re-assessment and instructions, as to principles of assessment
50Mode of determining assessment
51Announcement of assessment
52Application for re-consideration of assessment
53Confirmation and duration of assessment
54Assessment to remain in force till new assessment takes effect
55Refusal to be liable for assessment and consequence thereof
56Distribution of the assessment of an estate over the holdings comprised therein
57Application for amendment of the distribution of an assessment
58Appeals from orders under sections 52 and 57

Special Assessments.

59Special assessment
60Formation of waste-land into separate estates

Chapter VICollection of Land-revenue. · Procedure in Sales.

Collection of Land-revenue.

61Security for payment of land-revenue
62Further security for payment of land-revenue
63Orders to regulate payment of land-revenue
64Rules to regulate collection, remission and suspension of land-revenue
65Costs recoverable as part of arrear
66Certified account to be evidence as to arrear
67Processes for recovery of arrears
68Writ of demand
69Arrest and detention of defaulter
70Distress and sale of moveable property and crops
71Transfer of holding
72Attachment of estate or holding
73Annulment of assessment of estate or holding
74Proclamation of attachment or annulment of assessment, and consequences of the proclamation
75Sale of estate or holding
76Effect of sale on encumbrances
77Proceedings against other immoveable property of defaulter
78Remedies open to person denying his liability for an arrear

Procedure in Sales.

79Proclamation of sale
80Indemnity to Revenue-officer with respect to contents of proclamation
81Publication of proclamation
82Time and conduct of sale
83Power to postpone sale
84Stay of sale
85Payment of deposit by highest bidder
86Consequences of failure to pay deposit
87Exercise of right of pre-emption
88Time for payment in full
89Procedure in default of payment
90Report of sale to Commissioner
91Application to set aside sale
92Order confirming or setting aside sale
93Refund of purchase-money on setting aside of sale
94Proclamation after postponement or on re-sale
95On confirmation of sale, possession and certificate to be granted to purchaser
96Proceeds of sale

Chapter VIIRecovery of Other Demands by Revenue-officers.

97Recovery of certain arrears through Revenue-officer instead of by suit
98Other sums recoverable as arrears of land-revenue
99Application of Chapter VI to sums recoverable under this Chapter

Chapter VIIISurveys and Boundaries.

100Power of Financial Commissioner to make rules for demarcation of boundaries and erection of survey-marks
101Power of Revenue-officers to define boundaries
102Cost of erection and repair of survey-marks
103Recovery of cost incurred by the Government
104Power of Revenue-offices to enter on land for purposes of survey and demarcation
105Surveys for purpose of preparation of records
106Provision of flag holders and chainmen for those surveys
107Professional surveys
108Penalty for destruction, injury or removal of survey-marks
109Report of destruction or removal of or injury to survey-marks

Chapter IXPartition.

110Effect of partitions of estates and tenancies on joint liability for revenue and rent
111Application for partition
112Restrictions and limitations on partition
113Notice of application for partition
114Addition of parties to application
115Absolute disallowance of partition
116Procedure on admission of application
117Disposal of questions as to title in property to be divided
118Disposal of other questions
119Administration of property excluded from partition
120Distribution of revenue and rent after partition
121Instrument of partition
122Delivery of possessions of property allotted on partition
123Affirmation of partition s privately effected
124Power to make rules as to costs of partition
125Re-distribution of land according to custom
126Officer who may be empowered to act under this Chapter

Chapter XArbitration.

127Power to refer to arbitration
128Order of reference and contents thereof
129Nomination of arbitrators
130Substitution of arbitrators by parties
131Nomination and substitution of arbitrators by Revenue-officers
132Process for appearance before arbitrators
133Award of arbitrators and presentation thereof
134Procedure on presentation of award
135Effect of award

Chapter XISpecial Jurisdiction with Respect to Land.

136Power to invest officers making records-of-rights or general re-assessments with powers of Civil Courts
137Control over such officers and appeals from and revision of their decrees and orders

Chapter XIIRevenue Deposits. · Execution of Orders of Civil and Criminal Courts by Revenue-officers. · Preservation of attached Produce · Division of Produce. · Miscellaneous. · Exclusion of Jurisdiction of Civil Courts

Revenue Deposits.

138Power to deposit certain sums other than rent
139Procedure in case of deposit on account of a payment due to Government
140Procedure in case of other deposits

Execution of Orders of Civil and Criminal Courts by Revenue-officers.

141Orders of Civil and Criminal Courts for execution of processes against land or the produce thereof to be addressed to a Revenue-officer
142Attachment of assigned land-revenue

Preservation of attached Produce

143Preservation of attached produce

Division of Produce.

144Division of produce

Miscellaneous.

145Village cesses
146Superior land-owners? dues
147Substitution of service for payment of land-revenue
148Recovery of cost of assessing assigned land-revenue
149Penalty for failure to attend within limits of estate in obedience to order of Revenue-officers
150Prevention of encroachment on common lands
151Papers kept by village-officers to be deemed public documents
152Costs
153Computation of periods limited for appeals and applications for review
154Restriction on Revenue-officers bidding at auctions or trading
155Power to make rules
156Rules to be made after previous publication
157Powers exerciseable by the Financial Commissioner from time to time

Exclusion of Jurisdiction of Civil Courts

158Exclusion of jurisdiction of Civil Courts, in matters within the jurisdiction of Revenue-officers

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PLR Act 86Chapter VI · Procedure in Sales.

Section 86 · Consequences of failure to pay deposit

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If the person who made the highest bid fails to pay the deposit as required by the last foregoing section, the property shall forthwith be put up again and sold, and all expenses attending the first sale, and the deficiency of price, if any, which may happen on the resale, may be recovered from him by the Collector as if the same were an arrear of land-revenue.

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