Section 42 of The Bengal Land Revenue Sales Act, 1859
When the application is for special registry, the Collector shall serve and issue the notices prescribed in the last proceeding Section. If within the limited time no objection is made, the Collector shall cause any enquiry that he may deem necessary for the security of the Government revenue, to be made ; and if he is satisfied that the Government revenue of the parent estate is sufficient secured so far as it may be affected by the tenure or farm in question, he shall report the case to the commissioner, who, if also satisfied on that point, shall direct the tenure or farm to be registered according to the application; otherwise the application shall be rejected. If within the limited time any recorded proprietor or any party interested not being a proprietor object to the registry, the Collector shall examine the person so objecting or his authorized agent, and if it shall appear to him that such person has probable ground of objection, shall suspend proceedings, and shall refer the parties to the Civil Court; otherwise he shall proceed as if no objection had been made. If the decision of the Civil Court be in favor of the applicant, the Collector, on the presentation of a copy of the final decree, shall proceed as above provided for cases in which no objection is made within the limited time.
Summary
- For a special registry, the Collector must issue the exact same public notices and wait for objections as they do for a common registry.
- If no one objects, or if the applicant wins a Civil Court dispute, the Collector must conduct an enquiry to ensure the Government revenue of the parent estate is secure.
- The Collector only reports the case to the Commissioner if they are satisfied the parent estate's Government revenue is sufficiently secured.
- The Commissioner must also be satisfied that the revenue is secure before directing the tenure to be registered; otherwise, the application is rejected.
- If an objection is raised with probable ground, the Collector suspends the process and refers parties to the Civil Court, just like in common registry.
Practical examples
FAQ
1. What extra investigation happens in special registry that is missing from common registry?
The Collector must cause an enquiry to be made to ensure the Government revenue of the parent estate is sufficiently secured.
2. Who makes the final decision to approve a special registry application?
The Commissioner directs the tenure to be registered if they are satisfied the Government revenue is secure.
3. What happens if an applicant for special registry wins their case in Civil Court?
The Collector then proceeds to make the necessary enquiry into the security of the Government revenue, just as if no objection had been made originally.
Test yourself
Q1.Under Section 42 of The Bengal Land Revenue Sales Act, 1859, what additional enquiry must the Collector make for a special registry that is not required for a common registry?
Q2.Under Section 42 of The Bengal Land Revenue Sales Act, 1859, who must be satisfied with the security of the Government revenue before officially directing the special registration?
Q3.Under Section 42 of The Bengal Land Revenue Sales Act, 1859, what is the immediate next step if an objection to a special registry is resolved in favor of the applicant by a Civil Court?
Q4.How does Section 42 of The Bengal Land Revenue Sales Act, 1859 incorporate the rules of Section 41?