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The Broach and Kaira Incumbered Estates Act, 1877

Central

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

Act number
14 of 1877
Ministry
Ministry of Home Affairs
Department
Department of States
Enacted
28 Jun 1877

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

41 sections

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 Section 2Act No. XV of 1871 repealed.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