Bare Act Search Results

Waste Lands (Claims) Act, 1863 Preamble 1

Title: Waste Lands (Claims) Act, 1863

State: Central

Year: 1863

The WASTE LANDS (CLAIMS) ACT, 1863 [Act, No. 23 of 1863] [AS ON 1956] [10th March, 1863] PREAMBLE An Act to provide for the adjudication of claims to waste lands. WHEREAS it is expedient to make special provision for the speedy adjudication of claims which may be preferred to waste lands proposed to be sold, or otherwise dealt with, on account of 'Subs.by the A.O.1937 for " Govt.".[the Provincial Government], and of objections taken to the sale or other disposition of such lands; It is enacted as follows:

The Waste Land (Claims) Act, 1863 Complete Act

State: Punjab

Year: 1863

THE WASTE LAND (CLAIMS) ACT, 1863 THE WASTE LAND (CLAIMS) ACT, 1863 Act No. 23 of 1863 Contents Sections Subject 1. Provision for enquiry in claims to land, or objection to sale of same 2. Procedure in such cases 3. Postponement of sale pending enquiry, to allow claimant to contest rejection of claim 4. Sale to be stopped if claim appear to be established, but may afterwards be proceeded with 5. Delivery to claimant of copy of order of rejection or of sale 6. Power to order suit to try claim admitted by Collector 7. Special Court for trying claims 8. Notice of constitution of special Courts 9. Special Court where held 10. Plaintiff and defendant in suit under section 5. 11. Regulation of proceedings 12. Procedure before hearing 13. Procedure on hearing 14. No appeal or revision 15. Reference of question of law, etc., to High Court, etc 16. Court may proceed notwithstanding reference but not make final order 17. Records of cases where to.....

Waste Lands (Claims) Act, 1863 Complete Act

State: Central

Year: 1863

.....sale or other disposition of the land may afterwards be proceeded with, if, on an order issued3[* * *] to try the claim or objection, as provided in section 6-of this Act, the claimant or objector shall fail to establish the same. SECTION 05: DELIVERY TO CLAIMANT OF COPY OF ORDER OF REJECTION OR OF SALE If the Collector or other officer as aforesaid shall order that the claim or objec- tion be rejected, or that the land be sold subject to any condition or reser- vation, or that it be otherwise dealt with, he shall cause a copy of such order to be delivered to the claimant or objector; (1)Order when final. 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 other officer as aforesaid, for any special reason to be recorded, shall see fit to grant, give notice in writing to such Collector or other officer as aforesaid, that he intends to contest such order, the order shall be final. (2)Report to Board. If the claimant or objector shall, within the time allowed, give such notice, the Collector Or other officer as aforesaid shall immediately make a re- port to the 4[* * *] superior revenue.....

The Waste Lands (Claims) (Bombay Repeal) Act, 1947 Complete Act

State: Maharashtra

Year: 1947

THE WASTE LANDS (CLAIMS) (BOMBAY REPEAL) ACT, 1947 THE WASTE LANDS (CLAIMS) (BOMBAY REPEAL) ACT, 1947 [ December, 1947] An Act to repeal the Waste Lands (Claims) (Bombay Repeal) Act, 1943,-and the Waste Lands (Claims) Act, 1863. Whereas in view of the provisions of sub-section (4) of section 93 of the Government of India Act, 1935, it is expedient to repeal the Waste Lands (Claims) (Bombay Repeal) Act, 1943, and the Waste Lands (Claims) Act, 1863; It is hereby enacted as follows :- SECTION 01: SHORT TITLE This Act may be called the Waste Lands (Claims) (Bombay Repeal) Act, 1947 SECTION 02: REPEAL OF BOM. IX OF 1943 AND ACT XXIII OF 1863 The Waste Lands (Claims) (Bombay Repeal) Act, 1943, and the Waste Lands (Claims) Act, 1863, are repealed Provided that in respect of any claim preferred or objection taken under the Waste Lands (Claims) Act, 1863, before the date of the coming into operation of the Waste Lands (Claims) (Bombay Repeal) Act, 1943, all the provisions of the Waste Lands (Claims) Act, 1863, shall be given effect to as if this Act had not been passed. Maharashtra State Acts

Waste Lands (Claims) Act, 1863 Section 13

Title: Procedure on Hearing

State: Central

Year: 1863

On the day fixed for the hearing of the suit, or as soon after as may be practicable, the Court shall proceed to examine the claimant of the waste land, or the objector, or his agent (when his personal attendance is not required), and the witnesses of the parties; and upon such examination, and after inspecting the documents of the parties, and making any further enquiry that may appear necessary, shall proceed to pass such order in the case as it may consider just and proper.

Waste Lands (Claims) Act, 1863 Section 22

Title: Government Not Barred from Awarding Compensation for Land Absolutely Sold, Though Claim Be Not Preferred in Time

State: Central

Year: 1863

Nothing in this Act shall be held to prevent the State Government from awarding, to any claimant of waste land sold on account of [Subs.by the A.O.1937 for " Govt."][the State Government], on proof to the satisfaction of the State Government of the claim of such claimant (notwithstanding that he may not have preferred his claim either to the Collector or other officer as aforesaid, or to the proper Court constituted under this Act, within the period prescribed by this Act), such amount as compensation for the said land, within the limit as to amount mentioned in section 19 of this Act, if the land have been sold not subject to any condition or reservation, as to such State Government may seem proper.

Waste Lands (Claims) Act, 1863 Section 1

Title: Provision for Enquiry in Claims, to Land, or Objection to Sale of Same

State: Central

Year: 1863

When any claim shall be preferred to any waste land proposed to be sold, or otherwise dealt with, on account of [Subs.by the A.O. 1937 for " Govt."][the State Government], or when any objection shall be taken to the sale or other on disposition of such land, the Collector of the district in which such land is situate, or other officer performing the duties of a Collector of Land Revenue in such district by whatever name his office is designated, shall, if the claim or objection be preferred within the period mentioned in the advertisement to be issued for the sale or other disposition of such land, which period shall not be less than three months, proceed to make an enquiry into the claim or objection.

Waste Lands (Claims) Act, 1863 Section 6

Title: Power to Order Suit to Try Claim Admitted by Collector

State: Central

Year: 1863

The State Government may, within twelve months after the date on which the claim of any claimant of waste land, or the objection of any objector, as aforesaid, shall have been admitted under this Act by the Collector or other officer as aforesaid, direct a suit to be brought to try the claim or objection of the claimant or objector, in a Court constituted as hereinafter provided.

Waste Lands (Claims) Act, 1863 Section 7

Title: Special Court for Trying Claims

State: Central

Year: 1863

For the investigation and trial of claims under this Act, the State Government shall constitute, in every district in which there may be any waste lands capable of being sold, or otherwise deaIt with, on account of [Subs.by the A.O.1937 for " Govt."][the State Government], a Court consisting of an uneven number of persons, not less than three, of whom the Judge of the district, or the officer presiding in the principal Civil Court of original jurisdiction in the district, by whatever name his office may be designated, shall be one. Power of members.- Any one or more of the members of which such Court shall consist shall have power to make all such orders in the case as may be necessary prior to the hearing of the suit: Exclusion of officer making original enquiry.- Provided that, whenever the Collector, or other officer, by whom the original enquiry was held, is the officer presiding in the principal Civil Court of original jurisdiction in the district, such officer shall not be a member of such Court.

Waste Lands (Claims) Act, 1863 Section 10

Title: Plaintiff and Defendant in Suit Under Section 5

State: Central

Year: 1863

In every suit instituted under section 5 of this Act, the claimant of the waste land, or objector to the sale or other disposition of such land, shall appear as plaintiff; and the Collector, or other officer aforesaid, shall appear as defendant on the part of {Subs.by the A.O.1937 for " Govt."}[the State Government]. Appearance.- Either party may appear by pleader or by agent: Proviso.- Provided that if such other officer as aforesaid be the presiding officer of the principal Civil Court of original jurisdiction in the district, the State Government shall appoint some other officer to appear as defendant in the case on its behalf. Plaintiff and defendant in suits under section 6.- In any suit ordered to be instituted {The words " by the L.G." rep.by Act 4 of 1914, Sch., Pt.I.} under section 6 of this Act, {Subs.by the A.O.1937 for " Govt."}[the State Government] by any officer, to be appointed for the purpose, shall appear as plaintiff; and the claimant or objector as aforesaid shall appear as defendant.