#THE RENT RECOVERY ACT, 1853 

##ACT NO. VI OF 1853 

[Passed on the 15th April,1853.] 

*Recites transfer of Summary Suit from Judge to Collector, &c. and doubts in certain cases. Enacts:*

1,2. *If lands the subject of sale and under one tenure are situate in 2 Collectorates, the sale to be by 
Collector  in  whose  jurisdiction  the  greater  part  lies;  and  (2)  doubt  as  to  the  collectorate  in  which  the 
lands or greater part lie, to be decided by Board of Revenue.*

3, 4, 5, 6. *Defines the meaning of the word “Collectorate.” And (4) defines independent deputy to be 
a Collector; and (5) who is to be deemed an independent deputy; and (6) authorizes notice of sale to be 
stuck up at cutcherry of independent deputy.*

7. *What powers an independent deputy may exercise, and within what parts.*

8. *Notices to be stuck up at the Adawlut of the Zillah in which sale is to be made.*

9. *Gives validity to orders, sales, & c. made by improper Collector, and to insufficient notices before 
this Act, unless proceedings to invalidate have been commenced.*

10. *Extends Act 25, 1850, and B.R. 8, 1819, s. 9, subject to modification under B.R. 7. 1832, s. 16.c.1, 
and Act 25, 1850, to all sales under Act 8, 1835.*

An  Act  relating  to  summary  suits  for  arrears  of  rent,  to  sales  of  Putnee  Talooks  and  other 
saleable tenures, and to sales of land in satisfaction of Summary Decrees for rent. 

Whereas, by Regulation VIII. 1831 of the Bengal Code, the hearing and decision of Summary 
Suits or claims relating to arrears or exactions of rents were transferred from the  Judges of the 
Zilah or City Courts to the Collectors of Land Revenue of the several districts; and whereas by 
Regulation  VII. 1832  of  the  Bengal  Code,  the  conduct  of  sales  of  Putnee  Talooks  and  other 
saleable tenures under Regulations VIII.1819 and I. 1820 of the same Code, and the performance 
of  other  acts  preparatory  to,  or  connected  with,  such  sales  were  transferred  of  the  Collector  or 
Deputy  Collector,  of  Land  Revenue,  or  Head  Assistant  to  the  Collector  or  Deputy  Collector 
subject to an appeal  as therein provided; and whereas by Act VIII. 1835, the power theretofore 
vested in the Judge of the Dewanny Adawlut of selling land 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  7,  section  15,  Regulation  VII. 1799,  should  be 
conducted  by  the  Collector,  his  Deputy  or  duty  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  I, 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  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 an  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  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. 

IV.  An independent  Deputy  Collector  may,  within  his  Deputy  Collectorate,  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 be deemed to be a 
Collector within the meaning of this Act. 

V.  An  independent  Deputy  Collector  is  an  Officer  appointed  by Government  to  act  as  Deputy 
Collector,  independently  of  a  Collector,  whether  his  office  is  one  for  the  receipt  of  revenue  or  not.A 
Deputy  Collectorate  is  the  district  within  which  an  independent  Deputy  Collector  is  directed 
by Government to act. 

VI. In cases of sales by an independent Deputy Collector, under the abovementioned Regulations or 
Act,  any  notice  thereby  required  to  be  stuck  up  at  the Cutcherry of  the  Collector,  may  be  stuck  up  at 
the Cutcherry of the Deputy Collector. 

VII. 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. 

VIII. 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. 

IX. 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. 

X.  Act  XXV.  1850,  and  Section  IX.  Regulation  VIII,  1819  of  the  Bengal  Code,  as  modified  by 
Clause I, 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.