Passed by the Governor General of India in Council, on the 15th April, 1853.
Whereas, by Regulation VIII. 1831 of the Bengal Code, the hearing and decision of Summary Suits or claims relating to arrears or exactions ??? were transferred from the Judges of the Zillah or City Courts to Collectors of Land Revenue of the several districts; and whereas by ??? VII. 1832 of the Bengal Code, the conduct of sales of ??? Talooks and other saleable tenures, under Regulations VIII. ??? and I. 1820 of the same Code, and the performance of other acts ??? to, or connected with, such sales, were transferred to the ??? Deputy Collector of Land Revenue, or Head Assistant to the ??? Deputy Collector, subject to an appeal as therein provided; and ??? Act VIII. 1835, the power theretofore vested in the Judges ??? Adawlut of selling land in satisfaction of summary ??? was transferred to the Collectors of Land Revenue, and ??? that all sales for the recovery of arrears of rent held under ??? XV. Regulation VII. 1799, should be conducted by the ??? 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 Adawlut, and that of the Collector; and whereas it is expedient that Act XXV. 1850, and Section IX. Regulation VIII. 1819 of the Bengal Code, as modified by Clause 1, Section 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 above mentioned 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 Futnee, 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:
1. 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.
2. 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.
3. The word Collectorate in this Act means the zillah or other district, 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.
4. An independent Deputy Collector may, within his Deputy Collect orate, exercise all the powers and jurisdictions of a Collector with which he may be entrusted, in the same manner and to the same extent as a Collector may do within his Collectorate, and with reference to the exercise of such powers and jurisdictions, his Deputy Collectorate shall be deemed a Collectorate, and he shall he deemed to be a Collector within the meaning of this Act.
5. ??? Deputy Collector is an Officer appointed by ??? Deputy Collector in dependently of a Collector, whether ??? one for the ??? or not. A Deputy Collectorate is the district within which an independent Deputy Collector is ??? by Government to act.
6. In cases of sales by an independent Deputy Collector, under the ??? Regulations or Act, any notice thereby required to be stuck up at the Cutcherry of the Collector, pay be stuck up at the Cutcherry of the Deputy Collector.
7. An independent Deputy Collector may exercise the powers assigned to him over any part of his Deputy Collectorate in public Cutcherry, in whatever part of his Deputy Collectorate the same may be situate or held.
8. Any notice required by the abovementioned Regulations or Act, to be given by advertisement to be stuck up at the Cutcherry of the Zillah Court or local Adawlut, shall be stuck up at the Zillah Court or local Adawlut within the jurisdiction of which the lands to be sold, or the greater portion of them, as the case may be, shall be situate.
9. No order, decision, or sale, made in the discharge of any of the duties aforesaid, under any of the aforesaid Regulations, or under the aforesaid Act, before the passing of this Act, shall be disputed, or deemed invalid, upon the ground that the Collector, Deputy Collector, or other Officer making the same, was not the Collector, Deputy Collector or Officer of the proper district; or upon the ground that the Cutcherry, at which notice of such sale was given, was not the Cutcherry of the proper district, unless proceedings shall, previously to the passing of this Act, have been, commenced, for the purpose of disputing the validity of such order, decision, or sale upon such ground.
10. Act XXV. 1850, and Section IX. Regulation VIII, 1819 of the Bengal Code, as modified by Clause 1, Section XVI. Regulation VII. 1832 of the same Code, except so far as the same has been altered by the said Act XXV. 1850, are hereby extended to all sales under Act VIII. 1835.