Section V of THE WASTE LANDS (CLAIMS) ACT, 1863
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 be otherwise dealt with, he shall cause a copy of such order to be delivered to the claimant or objector ;
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.
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 report to the 1[Board of Revenue, or other] superior Revenue Authority ; 2[to which he is immediately subordinate] 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;
Decision of Board.—and such 3[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.
↩2.Ins., ibid.,
1. The words “Board of Revenue or other” rep. by Act 4 of 1914, Schedule, Pt. I. 3. The words “Board or other” rep., ibid.
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, 1[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 2[Board or other] authority aforesaid shall be final.
Summary
- When a Collector rejects a claim or adds conditions to a land sale, they must give a copy of that order to the person who made the claim.
- The person has one week to give a written notice if they intend to fight the order, though the Collector can grant more time for special reasons.
- If no notice is given within that time, the Collector's decision becomes final and cannot be changed.
- If notice is given, the Collector sends a full report with all evidence to a higher authority called the Board of Revenue.
- The Board of Revenue can confirm, change, or cancel the Collector's order after looking at the report.
- If the Board rules against the claimant, the case is sent to a Special Court, and the claimant must start a lawsuit within thirty days of being notified by that Court.
Practical examples
FAQ
1. How much time do I have to tell the Collector I disagree with their decision?
You generally have one week from the day you receive the copy of the order, unless the Collector gives you extra time for a specific reason they write down.
2. What happens if I do not give notice that I want to contest the order within the time limit?
The order becomes final, which means you lose your chance to challenge the rejection or the conditions placed on the land sale.
3. Can the Board of Revenue ask for more details before making a decision?
Yes, the law allows the Board to call for any further information they think is necessary after they receive the Collector's report.
4. What happens if the Board of Revenue agrees with the Collector's decision to reject my claim?
The Collector will certify the order to a Special Court, which will then notify you so you can start a formal lawsuit.
Test yourself
Q1.Under Section V of THE WASTE LANDS (CLAIMS) ACT, 1863, how long does a claimant normally have to give notice of their intent to contest an order?
Q2.Under Section V of THE WASTE LANDS (CLAIMS) ACT, 1863, what must the Collector do if a claimant provides notice that they intend to contest the order?
Q3.According to Section V of THE WASTE LANDS (CLAIMS) ACT, 1863, what are the powers of the Board of Revenue upon receiving the Collector's report?
Q4.Under Section V of THE WASTE LANDS (CLAIMS) ACT, 1863, if the Board of Revenue confirms an order that is adverse to the claimant, what is the next step for the Collector?
Q5.Under Section V of THE WASTE LANDS (CLAIMS) ACT, 1863, once the Special Court gives notice to the claimant, how long does the claimant have to institute a suit?