Section 1 Provision for inquiry into claims to land, or objections to sale of same.
When any claim shallbe preferred to any waste land proposed to be sold, or otherwise dealt with, on account of Government, orwhen any objection shall be taken to the sale or other disposition of such land, the Collector of the Districtin which such land is situate, or other Officer performing the duties of a Collector of Land Revenue insuch District by whatever name his Office is designated, shall, of the claim or objection be preferredwithin the period mentioned which period shall not be less than three months, proceed to make an enquiryinto the claim or objection.
Section 2 Procedure in such cases.
The Collector or other Officer as aforesaid, shall call upon theclaimant or objector to produce any evidence. Or documents, upon which he may rely in proof of hisclaim or objection ; and after considering the same, and making any further enquiry that may appearproper, shall dispose of the case by an order for the admission or rejection of the claim or objection : andif the land is proposed to be sold, for the sale of the same subject to any condition or reservation which, tosuch collector or other Officer as aforesaid, shall appear to be proper. If the land is ordered to be soldsubject to any condition or reservation, such condition or reservation shall be notified to intendingpurchasers at the time of sale.
Section 3 Pending enquiry, sale &c., to be postponed.
Pending and enquiry into any claim or objectionunder the last preceding Section, the Collector or other Officer as aforesaid shall postpone the sale orother disposition of the land ; but such sale or other disposition of the land ;and if he shall order that suchclaim or objection be rejected, he shall further postpone the sale or other disposition of the land, to allowthe claimant or objector to contest the order of rejection in the manner hereinafter provided.
Section 4 Sale to be stopped if claim appear to be established,but may afterwards be proceededwith
If the Collector or other officer as aforesaid shall consider the claim or objection to be established, andthat the sale or other disposition of the land should not take place, he shall stop the sale or otherdisposition of the land:but such sale or other disposition of the land may afterwards be proceeded with, if,on an order issued by the Local Government to try to claim or objection, as provided in section VI of thisAct, the claimant or objector shall fail to establish the same.
Section 5 Procedure after passing of order in the case, Report to Revenue Board, Decision of Board.
Ifthe Collector or other officer as aforesaid shall order that the claim or objection be rejected, or that theland be sold subject to any condition or reservation, or that it to be otherwise dealt with, he shall cause acopy of such order to be delivered to the claimant or objector ; and if such claimant or objector shall not,within one week from the delivery of such copy, or within such further time as the Collector or otherofficer as aforesaid, for any special reason to be recorded, shall see fit to grant, give notice in writing tosuch Collector or other officer as aforesaid, that he intends to contest such order, the order shall be final.Ifthe claimant or objector shall, within the time allowed, give such notice, the Collector or other officer asaforesaid shall immediately make a report to the Board of Revenue, or other superior revenue authority ;and shall forward with such report a copy of his order, stating fully all the circumstances of the case, andthe evidence adduced in support, or otherwise, of the claim or objection;and such Board, or otherAuthority, on the receipt of such report, and after calling for any further information which it mayconsider necessary, may confirm, modify or reverse, the order of the Collector or other officer asaforesaid.If the Board or other authority as aforesaid confirm the order of the Collector or other officer asaforesaid, or modify such order in such to manner as to leave any part of such order in force adverse tothe claimant or objector, the Collector or other officer as aforesaid shall certify such order to the Courtconstituted as hereinafter provided;and such Court shall forthwith give notice to the claimant or objector;and if such claimant or objector ; and if such claimant or objector shall not, within thirty days from thedelivery of such notice from the Court, institute a suit in such Court to establish his claim or objection, theorder of the Board or other Authority aforesaid shall be final.
PREMIUM OFFLINE ACCESS
Unlock More Sections Offline
Access complete schedules, rules, forms, and recent amendments offline anywhere, anytime. Carry India's entire Bare Act Library in your pocket.
Download Law4u App
Available on Android & iOS
No matching sections found.