Clarke, Richard [Editor]: The regulations of the government of Fort William in Bengal in force at the end of 1853 - to which are added, the acts of the government of India in force in that presidency: with lists of titles and an index (3): Acts from 1834 to 1853 (London, 1854)

394

ACT VI.

[A.D. 1853.

Suits to be tried,
and sales conducted by
districts the whole or
greater part of the
lands are situated.




Act VIII. 1835, the power theretofore vested in the judges of the De-
wanny Adawiut of selling land in satisfaction of summary decrees for
rent was transferred to the collectors of land revenue, and it was enacted
that all sales for the recovery of arrears of rent held under Clause Seventh,
Section XV. Regulation VII. 1799, should be conducted by the collector,
his deputy, or duly authorized assistant, and that ten days' notice should
be given of such sales by advertisement, to be stuck up at the cutcherry
of the Zillah Court or local Adawiut, and that of the collector ; and
whereas it is expedient that Act XXV. 1850, and Section IX. Regu-
lation VIII. 1819, of the Bengal code, as modified by Clause First, Sec-
tion XVI. Regulation VII. 1832, of the same code, and as altered by the
said Act XXV. 1850, should be extended to sales under Act VIII.
1835; and whereas doubts may be entertained as to who ought to exercise
the jurisdiction transferred by the abovementioned Regulations and Acts,
where lands situate within the zillah or other district of one collector, form
part of an entire estate, paying revenue to the collector of another zillah or
district : in order therefore to avoid such doubts, and also to define who
are the proper officers to exercise such jurisdictions in cases where lands
are situate in a district assigned to an independent deputy collector, and
also in cases where lands held in putnee, or other tenure, at one entire
rent, are situate in two or more collectorates, and to prevent any such
decision or sale already made from being held invalid, upon the ground
of its having been made by an officer of a wrong district; it is enacted
as follows:
I. If the lands which may be the subject of any such sale, or to the
rent of which any such suit may relate, be all situate in one collectorate,
the collector of such collectorate is the collector to conduct the sale, or to
hear and decide the suit. If one talook or tenure shall comprise lands
situate in two or more collectorates, or if any lands situate in two or more
collectorates be held under one lease or engagement, or at one entire rent,
the collector in whose collectorate the greater part of such lands shall be
situate is the collector to conduct the sale of such talook, or tenure, or of
such lands, and to hear and decide any summary suit relating to arrears or
exactions of rent in respect thereof.
II. If a collector, to whom application shall be made to exercise any of
the powers above mentioned, shall entertain any doubt as to whether the
lands or the greater part of them are situate within his collectorate, he shall
report the case for the order of the Board to which he is subordinate, and
if ordered by such Board to proceed in the matter, such order shall be
conclusive upon the question of his jurisdiction.
III. The word " collectorate" in this Act means the zillah or other dis-
trict to which a collector is appointed, and no lands situate beyond the
limits of such zillah or district shall be deemed to be situate within the
collectorate, by reason of their forming part of an estate paying revenue
to the collector thereof.
IV. An independent deputy collector may, within his deputy collecto-
rate, exercise all the powers and jurisdictions of a collector with which