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Act14
Enacted 1877

The Broach and Kaira Incumbered Estates Act, 1877

In force 41 sections Home Affairs

An Act to relieve from Incumbrances the estates of Thakurs in Broach and Kaira.

Act 14 of 1877 Enacted 28 Jun 1877 In force 28 Jun 1877 Department Department of States

Administered by. Ministry of Home Affairs, Department of States · Other Acts of 1877

Preamble

THE BROACH AND KAIRA INCUMBERED ESTATES ACT, 1877

ACT NO. XIV OF 1877.

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PASSED BY THE GOVERNOR GENERAL OF INDIA IN COUNCIL,

(Received the assent of the Governor General on the 28th June 1877.)

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An Act to relieve from Incumbrances the estates of Thakurs in Broach and Kaira.

What this Act covers

Summary of the Broach and Kaira Incumbered Estates Act, 1877:

Key Provisions

1. Application for Relief: - Eligible Thakurs or their heirs can apply within 12 months of the Act's passing.

• Applications can be made on behalf of minors, individuals of unsound mind, or idiots by their guardians or legal curators.

2. Enquiry and Decision Process: - Upon application, the Commissioner (Revenue Commissioner of the Northern Division of the Presidency of Bombay) may direct an enquiry into the debts and the debtor's property.

• Based on the enquiry report, the Commissioner can:

• Direct a further enquiry,

• Dismiss the application, or

• Publish an order in the Bombay Government Gazette for the management of the debtor's immovable property and liquidation of debts by a manager (typically the Talugdari Settlement-officer).

3. Management Order: - Extends to all immovable property of the debtor at the time of the order's publication.

• Aims for the management of the property and liquidation of debts as per the Act's provisions.

Sections

Type to filter. 41 sections.

  1. 1Short title
  2. 2Act No. XV of 1871 repealed
  3. 3Interpretation-clause
  4. 4Application for benefit of Act
  5. 5Order to enquire
  6. 6Verified statement to be submitted
  7. 7Report of enquiry and proceedings thereon
  8. 8“Order of management” to what it extends
  9. 9Effect of order of management
  10. 10Manager to have powers of owner and to receive rents and profits: to have powers of Collector for their recovery
  11. 11Manager 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. 12Notice to claimants against debtor
  13. 13Claim to contain full particulars
  14. 14Claim not duly notified to be barred
  15. 15Determination of debts and liabilities
  16. 16Power to rank debts and to fix interest
  17. 17Scheme for liquidation
  18. 18Proceedings of Commissioner on submission of scheme
  19. 19Power to relinquish management
  20. 20Effects of sanctioning scheme
  21. 21Power to remove mortgagee in possession
  22. 22Power to inquire into consideration given for leases
  23. 23Power to lease
  24. 24Power to raise money by mortgage or sale
  25. 25Manager’s receipt a discharge
  26. 26Termination of management
  27. 27Death of debtor during management
  28. 28Mortgages, &c., made by restored Thakur valid only for his life
  29. 29Appeal
  30. 30Power to call for proceedings and pass order thereon
  31. VIIMISCELLANEOUS
  32. 31Power to make rules
  33. 32Power to appoint new manager
  34. 33Managers and their agents to be public servants
  35. 34Investigation, a judicial proceeding
  36. 35Power to summon witnesses and compel production of documents
  37. 36Bar of suits
  38. 37Saving of jurisdiction of Courts in Broach and Kaira in respect of certain suits
  39. 38Exemption of certain Thakurs from certain provisions of Act
  40. 39Amendment of Bombay Act VI of 1862
  41. 41Acts of Taluqdari Settlement officer valid

Related Acts

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. 1 of 41 sections have their own page; for the remaining 40 the source gave us a heading and no text, so their pages carry the heading and say so rather than showing words we do not hold. This page is not a substitute for legal advice.