#THE WASTE-LANDS (CLAIMS) ACT, 1863
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##ARRANGEMENT OF SECTIONS 
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###SECTIONS. 

1.  Provision for inquiry into claims to land, or objections to sale of same. 
2.  Procedure in such cases. 
3.  Pending enquiry, sale &c., to be postponed. 
4.  Sale to be stopped if claim appear to be established,but may afterwards be proceededwith. 
5.  Procedure after passing of order in the case, Report to Revenue Board, Decision of Board.  
6.  Local Government may, with in Twelve months, order suit to be brought to try claim admitted by 
Collector. 
7.  Special Court for trying claims. 
8.  Noticeof constitution of special Courts. Claims not cognizable in otherCourts. 
9. Special Court where to be held. 
10. Plaintiff and defendant in suit under section V, Proviso, Plaintiff and defendant in suits under 
section VI. 
11. proceedings regulated by Civil Procedure Code. 
12. Procedure before hearing of suit. 
13. Procedure on hearing. 
14. No appeal or revision. 
15. Reference of question of law, &c., to High Court &c. , Such reference obligatory in certain cases. 
16. Court may proceed notwithstanding reference. 
17. Records of cases where to be deposited. 
18. Limitation as to claims to land sold or dealt with.Provision for such claims if preferred with in 
time. 
19. If claim established, possession not to be given, but compensation. 
20. When land has not been absolutely sold, or has been otherwise dealt with. 
21. Award under the two last Sections to be in full satisfaction. 
22. Government not barred from awarding compensation for land absolutely sold, though claim be 
not preferred in time.
23. Compensation for land sold subject to condition, if claim proved, though not preferred in time. 
24. Interpretation. Number. Gender. 


 
#THE WASTE-LANDS (CLAIMS) ACT, 1863 

##ACTNO. XXIII OF 1863. 

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###PASSED BY THE GOVERNER - GENERALOF INDIAIN COUNCIL. 

*(Received the assent of the Governor - General on the 10th March, 1863.)*

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*An Act to provide for the adjudication of claims to waste lands.*

**Preamble.** —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 Government, and of objections taken to the sale or other disposition of such lands ; It 
is enacted as follows:— 

I. **Provision for inquiry into claims to land, or objections to sale of same.** — When any claim shall 
be preferred to any waste land proposed to be sold, or otherwise dealt with, on account of Government, or 
when any objection shall be taken to the sale or other 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,  of  the  claim  or  objection  be  preferred 
within the period mentioned which period shall not be less than three months, proceed to make an enquiry 
into the claim or objection.

II. **Procedure in such cases.** —  The  Collector  or  other  Officer  as  aforesaid,  shall  call  upon  the 
claimant  or  objector  to  produce  any  evidence.  Or  documents,  upon  which  he  may  rely  in  proof  of  his 
claim  or  objection  ;  and  after  considering  the  same,  and  making  any  further  enquiry  that  may  appear 
proper, shall dispose of the case by an order for the admission or rejection of the claim or objection : and 
if the land is proposed to be sold, for the sale of the same subject to any condition or reservation which, to 
such  collector  or  other  Officer  as aforesaid, shall appear to  be  proper.  If  the land  is  ordered to  be sold 
subject  to  any  condition  or  reservation,  such  condition  or  reservation  shall  be  notified  to  intending 
purchasers at the time of sale.  

III. **Pending enquiry, sale &c., to be postponed.** — Pending and enquiry into any claim or objection 
under  the  last  preceding  Section,  the  Collector  or  other  Officer  as  aforesaid  shall  postpone  the  sale  or 
other disposition of the land ; but such sale or other disposition of the land ;and if he shall order that such 
claim or objection be rejected, he shall further postpone the sale or other disposition of the land, to allow 
the claimant or objector to contest the order of rejection in the manner hereinafter provided.

IV. **Sale to be stopped if claim appear to be established, but may afterwards be proceeded with.**
— If the Collector or other officer as aforesaid shall consider the claim or objection to be established, and 
that  the  sale  or  other  disposition  of  the  land  should  not  take  place,  he  shall  stop  the  sale  or  other 
disposition 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 this 
Act, the claimant or objector shall fail to establish the same. 
 
V. **Procedure after passing of order in the case,Report to Revenue Board, Decision of Board.**— If 
the Collector or other officer as aforesaid shall order that the claim or objection be rejected, or that the 
land be sold subject to any condition or reservation, or that it to be otherwise dealt with, he shall cause a 
copy 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  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.If 
the claimant or objector shall, within the time allowed, give such notice, the Collector or other officer as 
aforesaid 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, and 
the  evidence  adduced  in  support,  or  otherwise,  of  the  claim  or  objection;and  such  Board,  or  other 
Authority,  on  the  receipt  of  such  report,  and  after  calling  for  any  further  information  which  it  may 
consider  necessary,  may  confirm,  modify  or  reverse,  the  order  of  the  Collector  or  other  officer  as 
aforesaid.If the Board or other authority as aforesaid confirm the order of the Collector or other officer as 
aforesaid, or modify such order in such to manner as to leave any part of such order in force adverse to 
the claimant or objector, the Collector or other officer as aforesaid shall certify such order to the Court 
constituted 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 the 
delivery of such notice from the Court, institute a suit in such Court to establish his claim or objection, the 
order of the Board or other Authority aforesaid shall be final. 

VI. **Local  Government  may,  with  in  Twelve  months,  order  suit  to  be  brought  to  try  claim 
admitted by Collector.** — The Local 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.

VII. **Special Court for trying claims.** — For the investigation and trial of claims under this Act, the 
Local  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 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.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: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.

VIII. **Notice  of  constitution  of special  Courts.  Claims  not  cognizable in  other 
Courts.**— Whenever any Court is constituted uuder this Act, notice thereof shall be given by a written 
proclamation,  copies  of  which  shall  be  affixed  in  the  several  Courts,  and  in  the  offices  of  the  several 
Collectors and Magistrates of the district:and from the date of the issue of such proclamation, no other 
Court  shall  be  competent  to  entertain  any  claim  or  objection,  belonging  to  the  class  of  claims  or 
objections for the trial and determination of which such Court is constituted.
 
IX. **Special Court where to be held.** — The Courts constituted under this Act shall be held at such 
place, or places, within the limits of their respective jurisdictions, as shall be considered most convenient. 

X. **Plaintiff  and  defendant  in  suit  under  section  V,  Proviso,  Plaintiff  and  defendant  in  suits 
under section VI.**— In every suit instituted under section V 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 ofGovernment.Either party may appear by pleader 
or by agent.Provided that if such other officer as aforesaid be the presiding officer of the principal Civil 
Court  of  original  jurisdiction  in  the  district,  the  Local  Government  shall  appoint  some  other  officer  to 
appear as defendant in the case on its behalf.In any suit ordered to be instituted by the Local Government 
under section VI of this Act, the 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.

XI. **proceedings regulated by Civil Procedure Code.** — In suits instituted under this Act, except as 
hereinafter  provided,  the  proceedings  shall  be  regulated,  so  far  as  they  can  be,  by  the  Code  of  Civil 
Procedure.

XII. **Procedure before hearing of suit.** — The Court shall fix a day for the appearance of the parties 
and for the hearing of the suit, of which due notice shall be given to the parties or their agents;and on the 
day  so  fixed,  the  parties  or  their  agents  shall  bring  their  witnesses  into  Court,  together  with  any 
documents  on  which  they  may  intend  to  rely  in  support  of  their  respective  statements.  If  either  party 
require the assistance of the Court to procure the attendance of a witness on such day, he shall apply to 
the Court in sufficient time before the day fixed for the hearing of the suit; and the Court shall issue a 
subpoena  requiring  such  witness  to  attend  the  Court  on  that  day.It  shall  be  competent  to  the  Court  to 
require  the  personal  attendance  of  the  claimant  of  the  waste  land,  or  objector,  as  aforesaid,  on  the  day 
fixed for the hearing, or at any subsequent stage of the suit. 

XIII. **Procedure on hearing.** — 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. 

 XIV. **No appeal or revision.** — No appeal shall lie from any decision or order passed under in this 
Act, nor shall any such decision or order be open to revision.

XV. **Reference of question of law, &c., to High Court &c. , Such reference obligatory in certain 
cases**— If, on the trial of any suit under this Act, any question of tolaw, or of usage having the force of 
law, or the construction of a document affecting the merits of the case, shall arise, on which the Court 
shall entertain reasonable doubts, the Court may, either of its own motion, or on the application of any of 
the parties to the suit, draw up a statement of the case and submit it, with its own opinion, for the opinion 
of the High Court of Judicature, or of the highest Civil Court of Appeal and Revision in the territory in 
which the land is situate:Provided that it shall be the duty of every Court held under this Act to make such 
reference to such High Court, or Court of Appeal, if, in any suit under this Act, any question shall arise 
involving any principle of general importance, or the rights of a class.

XVI. **Court may proceed notwithstanding reference.**  —  The  Court  may  proceed  in  the  case 
notwithstanding a reference to the High Court, or other highest Civil Court of Appeal as aforesaid; and 
may pass an order contingent upon the opinion of the High Court, or other Court as aforesaid, on the point 
referred;but no final order for the sale or other disposition of the land in question in the suit, or for the 
admission  or  rejection  of  any  claim  or  objection  which  shall  be  before  the  Court  in  such  suit,  shall  be 
passed, until the receipt of the order of the said High Court, or highest Civil Court of Appeal. 
 
XVII. **Records of cases where to be deposited.** —  The  record  of  cases  disposed  of  by  Courts 
constituted under this Act shall be deposited amongst the records of the principal Civil Court of original 
jurisdiction in the district in which the property in dispute is situate.

XVIII. **Limitation as to claims to land sold or dealt with, Provision for such claims if preferred 
with in time.**—No  claim  to  any  land,  or  to  compensation  or  damages  in  respect  of  any  land,  sold  or 
otherwise  dealt  with  on  account of  Government  as  waste  land,  shall  be received  after the expiration  of 
three  years  from  the  date  on  which  such  land  shall  have  been  delivered  by  the  Government  to  the 
purchaser,  or  otherwise  dealt  with,  If  within  three  years  after  any  lands  have  been  delivered  by  the 
Government to the purchaser, or otherwise dealt with, any claimant or objector shall prefer a claim to the 
land so delivered, or otherwise dealt with, or an objection to such sale, or to compensation or damages in 
respect thereof, in  the  Court  constituted  under this  Act  for the  district in  which  the land is  situate; and 
shall show good and sufficient reason for not having preferred his claim or objection to the Collector or 
other officer as aforesaid, within the period limited under section I of this Act; such Court shall file the 
claim  or  objection,  making  the  claimant  or  objector  plaintiff,  and  the  Collector  of  the  district  or  other 
officer as aforesaid (with the like provision as aforesaid if such other officer be the presiding officer of the 
principal  Civil  Court  of  original jurisdiction  in the  district), the  defendant  in the  suit;and the  foregoing 
provisions of this Act shall be applicable to the trial and determination of the suit.The report of the officer 
employed to give delivery, or to take possession, on the part of Government, of the land sold or otherwise 
dealt with, shall be conclusive evidence as to the date on which such delivery was made, or possession 
was taken.

XIX. **If claim established,possession not to be given, but compensation.** —  In any case in which 
the land has been sold, if the Court shall be of opinion that the claim of the claimant is established, the 
Court shall not award the claimant possession of the land in dispute, but shall order him to receive from 
Government Treasury, by way of compensation, a sum equal to the price at which the land was sold, in 
addition to the costs of suit. 

XX. **When land has not been absolutelysold, or has been otherwise dealt with.** — If the land shall 
have  been  sold  subject  to  any  condition  reservation,  or  shall  not  have  been  sold,  but  shall  have  been 
otherwise dealt with on account of the Government, and the Court shall be of opinion that the claim to 
such land, or the objection of an objector, is established, the Court shall award the claimant or objector to 
receive  such  sum,  in  respect  of  his  interest  in  such  land,  as  shall  be  awarded  in  that  behalf  under  the 
provisions ofAct VI  of 1857 (for the acquisition of lands for public purposes) ;and thereupon the local 
Government shall proceed under the said Act, to obtain an award of the value of such interest. 

XXI. **Award  under  the  two  last  Sections  to  be  in  full  satisfaction.**—  An  award  under  any  of  the 
provisions of the two last preceding sections shall be in full satisfaction of the claim of the claimant or 
objector; and shall bar any future claim on his part, in respect to the land in suit, resting on the same cause 
of action, or on a cause of action which existed prior to the date of the sale or other disposition of the land 
on account of Government.

XXII. **Government  not  barred  from  awarding  compensation  for  land  absolutely  sold,  though 
claim  be  not  preferred  in  time.** — Nothing in this Act shall be held to prevent the local Government 
from awarding, to any claimant of waste land sold on account of Government, on proof to the satisfaction 
of the local 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  XIX  of  this  Act,  if  the  land  have  been  sold  not  subject  to any 
condition or reservation, as to such local Government may seem proper. 

XXIII. **Compensation for land sold subject to condition, if claim proved, though not preferred in 
time.** —  If  the  land  have  been  sold  subject  to  any  condition  or  reservation,  or  have  been  otherwise 
disposed  of,  on  account  of Government,  and  any  claim  to  such  land,  or  objection  to  the  sale  or  other 
disposition of the land, shall be proved to the satisfaction of the local Government ; although not preferred 
to the Collector or other officer as aforesaid, or to the Court constituted under this Act, within the period 
prescribed by this Act, the Local Government  may award to such claimant or objector such amount as to 
such Local Government  may appear to be the value of the interest of such claimant or objector in such 
land. 

XXIV. **Interpretation. Number. Gender.**— Unless  the  contrary  appears  from  the  context,  words 
importing  the singular number  shall include the plural  number,  and  words importing  the  plural  number 
shall include the singular number ; and words importing the masculine gender shall include females.