Central Act · 1877 · Act 14

The Broach and Kaira Incumbered Estates Act, 1877

In force41 sections· Ministry of Home Affairs

1.Short title.

2.Act No. XV of 1871 repealed.

3.Interpretation-clause.

4.Application for benefit of Act.

5.Order to enquire.

6.Verified statement to be submitted.

7.Report of enquiry and proceedings thereon.

8.“Order of management” to what it extends.

9.Effect of order of management.

10.Manager to have powers of owner and to receive rents and profits: to have powers of Collector for their recovery.

11.Manager to pay therefrom-- costs of management and repairs, Government revenue, &c., rent due to superior holder, allowance for maintenance and expenses of debtor and family, cost of improvements, &c. Residue how disposed of.

12.Notice to claimants against debtor.

13.Claim to contain full particulars.

14.Claim not duly notified to be barred.

15.Determination of debts and liabilities.

16.Power to rank debts and to fix interest.

17.Scheme for liquidation.

18.Proceedings of Commissioner on submission of scheme.

19.Power to relinquish management.

20.Effects of sanctioning scheme.

21.Power to remove mortgagee in possession.

22.Power to inquire into consideration given for leases.

23.Power to lease.

24.Power to raise money by mortgage or sale.

25.Manager’s receipt a discharge.

26.Termination of management.

27.Death of debtor during management.

28.Mortgages, &c., made by restored Thakur valid only for his life.

29.Appeal.

30.Power to call for proceedings and pass order thereon.

VII.MISCELLANEOUS.

31.Power to make rules.

32.Power to appoint new manager.

33.Managers and their agents to be public servants.

34.Investigation, a judicial proceeding.

35.Power to summon witnesses and compel production of documents.

36.Bar of suits.

37.Saving of jurisdiction of Courts in Broach and Kaira in respect of certain suits.

38.Exemption of certain Thakurs from certain provisions of Act.

39.Amendment of Bombay Act VI of 1862.

41.Acts of Taluqdari Settlement officer valid.

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