Chapter IV manaGement of eStateS held by land holderS.

44. Notwithstanding any law for the time being in force, usage or costom or the assume terms of contract or grant, when the 2[State] Government is satisfied that on account of the management neglect of a landholder or disputes between him and his tenants the cultivation of his estate of land holder's has seriously suffered, or when it apeears to the 2[State] Government that it is necessary estate. 3[for the said purpose or for the purpose of] ensuring the full and efficient use of land for agriculture to assume management of any land holder's estate, a notification announcing such intention shall be published in the Official Gazette, and the Collector shall cause notice of the substance of such notification to be given at convenient places in the locality where the estate is situted. Such notification shall be conclusive. Vesting of

45. 4[(1)] On the publication of the notification under section 44, the estate in respect estate in of which the notification has been published shall, so long as the management continues, management. vest in the 2[State] Government. Such management shall be deemed to commence from the date on which the nofification is published and the 2[State] government shall appoint a manager to be in charge of such estate. 5[(2) Notwithstanding the vesting of the estate in the state Government under sub- section (1), the tenant holding the lands on lease comprised in the estate shall, save as otherwise provided in this Chapter, continue to have the same right and shall be subject to the same obligations, as they have or are subject under the preceding Chapter in respect of the lands held by them on lease.] Effect of

46. On the publication of the notification under section 44, the following declaration of consequences shall ensue :– management. (1) all proceeding then pending in any Civil Court in respect to the debts and liabilities enforceable against the estate shall be stayed; and the operation of all processes, executions and attachments then in force for or in respect of such debts and liabilities shall be suspended; 1. Sub-section (3) was deleted by the Gujarat Adaption of laws (State and Concurrent Subjects) (Third Amandement) Order, 1960. 2. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 3. These words were substituted for the words for the purpose of improving the economic and social condintion of peasants or" by Bom. 33 of 1952, s. 11. 4. Section 45 was renumbered as sub-section (1) of that section, ibid., s. 12. 5. Sub-section (2) was added, ibid. 1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 59 (2) So long as the management continues no fresh proceedings, processes, executions or attachment shall be instituted in or issued, enforced or executed by any Civil Court in respect of such debts and liabilities; (3) so long as the management continues the holder of the estate shall be incompetent– (a) to enter into any contract involving the estate in pecuniary liability. (b) to mortgage, charge, lease or alienate the property under management or any part thereof, or (c) to grant valid receipts for the rents and profits arising or accruing therefrom: Provided that nothing contained in this section shall be deemed to preclude the Manager from letting and the holder from taking the whole or a part of such estate on such terms consistent with this Act as may be agreed upon between the parties; (4) so long as the management continues, no person other than the Manager shall be competent to mortgage, charge, lease or alienate such estate or any part therof.

47. (1) The Manager shall during the management of the estate have all the powers Manager's which the holder thereof might as such have exercised and shall receive and recover all powers. rents and profits due in respect of the property under management. (2) For the purposes of recovering such rents and profits the Manager shall have, in addition to any powers possessed by the holder, all the powers possessed by the Collector under the law for the time being in force for securing and recovering land revenue due to Government.

48. (1) From the sums received or recovered under section 47, the Manager shall Manager to pay– pay costs of management, (i) the costs of management including the costs of necessary repairs; etc. (ii) the Government revenue and all debts and liabilities for the time being, due or incurred to the 1[Government] in respect of the property under management; (iii) the rent, if any, due to any superior holder in respect of the said estate; (iv) such periodical allowance as the Collector may from time to time fix for the maintenance and other expenses of the holder and of such members of his family as the Collector directs; 1. This words was substituted for the word "Crown" by the Adaptation of Laws Order, 1950. 60 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII (v) the costs of such improvements of the said estate as he thinks necessary and as approved by the Collector. (2) The residue shall be retained by the Manager for the liquidation, in the manner hereinafter provided, of the debts and liabilities other than those mentioned in sub-section (1) and also for the repayment, either before or after the liquidation of such debts and liabilities, of any loan received from Government by the Manager udner this Act. The balance, if any, shall be paid to the holder. Notice to

49. On the publication of the order of management, the Manager shall publish in the claimants. Official Gazette, a notice calling upon all persons having claims against the estate under management to notify the same in writing to such Manager within two months from the date of the publication. He shall also cause copies of such notice to be exhibited at such several places as he thinks fit. Claim to

50. (1) Every such claimant shall, alongwith his claim, present full particulars thereof. contain full particulars. (2) Every document on which the claimant finds his claim, or on whcih he relies in support therof, shall be delivered to the Manager alongwith the claim. (3) If the document be an entry in any book, the claimant shall produce the book to the Manager, together with copy of the entry on which he relies. The Manager shall mark the book for the purpose of identification, and, after examining and comparing the copy with the original shall return the book to the claimant. (4) If any document in possession or under the control of the claimant is not delivered or produced by him to the Manager alongwith the claim, the manager may refuse to receive such document in evidence on the claimant's behalf at the investigation of the case. Claim

51. Every such claim other than the claim of the 1[Government] not informed to the not duly Manager within the time and in the manner required by such notice shall, except as provided notified to hereinafter, be deemed for all purposes and on all occasions, whether during the continuance be barred. of the management or afterwards, to have been duly discharged: Provided that when proof is made to the Manager that the claimant was unable to comply with the provisions of section 49, the Manager may receive such claim within the further period of two months from the expiration of the original period of two months. Determination

52. The Manager shall inquire into the history and merits of every claim received of debts and under preceding sections and shall in accordance with the rules to be made under this Act liabilities. determine the amount of the debts and liabilites, if any, justly due to the several claimants. 1. This word was substituted for the "Crown" by the Adaptation of Laws Orders, 1950. 1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 61

53. If such amount cannot be paid at once, the Manager shall then proceed to rank Power to rank such debts and liabilities according to the order in which they shall be paid, and to fix the debts and fix interest. interest, if any, to be paid thereon, respectively from the date of the final decision thereon, to the date of the payment and discharge thereof.

54. When the total amount of the debts and liabilities including those due and incurred Scheme for to the 1[Government] has been finally determined, the Manager shall prepare and submit liquidation. to the Collector a schedule of such debts and liabilities, and a scheme (hereinafter called the liquidation scheme) showing the mode in which it is proposed to pay and discharge the same, whether from the income of the property under management, or with the aid of funds raised under the powers hereinafter conferred, or partly in one of such ways and partly in the other.

55. Every liquidation scheme shall further provide for the continuance of the payments Provision of to be made by the Manager and for the repayment of money, if any, which the Manager scheme. proposes to borrow from Government under this Act and may provide for the improvement of the estate under management either from the said income or with the aid of the funds raised as aforesaid or partly in one of such ways and partly in the other.

56. When the Collector sanctions the liquidation scheme, he shall notify the fact of Effects of such sanction at such place and in such manner as the 2[State] Government may from time sanctioning scheme. to time by rule direct; and thereupon— (i) all proceedings, processes, executions and attachments stayed or suspended under section 46 shall be for ever barred; (ii) every debt or liability due or owing to any person which was provable before the Manager shall be extinguished, and such person shall be entitled to receive under the liquidation scheme the amount, if any finally awarded to him under the preceding sections in respect of such debt or liability.

57. (1) If the estate under management or any part thereof be in the possession of a Powers to mortgagee, or a conditional vendee, the manager, at any time after the liquidation scheme remove mortgagee in has been sanctioned as aforesaid, may be an order in writing require such incumbrancer to possession. deliver up possession of the same to him at the end of the then current revenue year. (2) If such incumbrancer refuses or neglects to obey such order, the Manager may without resorting to a Civil Court enter upon the property and summarily evict there from the said incumbrancer or any other person obstructing or resist on his behalf. (3) Nothing in this section shall be held to affect the right of any incumbrancer to receive under the liquidation scheme the amount, if any, awarded to him under this Act.

58. Subject to the rules made under this Act, the Manager after the liquidation scheme Power to sell or has been sanctioned as aforesaid, shall have power to sell or grant on lease all or any part lease. of the estate under the management: 1. This word was substituted for the word "Crown" by the Adaptation of Laws Order, 1950. 2. This word was substituted for the word "Provincial", ibid. 62 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII Provided that the estate or any part thereof shall not be sold or leased for a period exceeding ten years without the previous permission of the Collector: Provided further that the Collector shall not give such permission unless he is satisfied that such sale or lease is necessary for the benefit of the estate 1[or unless such sale is in favour of 2[a tenant under section 32, 32F, 32-I or 32-O.]] Manager's

59. The Manager's receipt for any moneys, rents or profits raised or received by him receipt a under this Act shall discharge the person paying the same therefrom or from being concerned discharge. to see to the application thereof. Holder of estate

60. (1) If the holder of the estate dies after the publication of the order of management, dying. the management shall continue and proceed in all respects as if the holder were still living. (2) Any person succeeding to the whole or any part of the estate under management shall, while such management continues, be subject in respect of such estate to the disabilities imposed under this Act. (3) No Civil Court shall, during the continuance of the management, issue any attachment or other process against any portion of the estate under management for or in respect of any debt or liability incurred by any such person either before or after his said succession. Termination of

61. The 3[State] Government, when it is of opinion that it is not necessary to continue management. the management of the estate, by order published in the Official Gazette direct that the said management shall be terminated. On the termination of the said management, the estate shall be delivered into the possession of the holder, or, if he is dead, of any person entitled to the said estate together with any balances which may be due to the credit of the said holder. All acts done or purporting to be done by the Manager during the continuance of the management of the estate shall be binding on the holder or to any person to whom the possession of the estate has been delivered. Manager

62. The manager appointed under this Chapter shall be deemed to be a public servant XLV of deemed to be under section 21 of the Indian Penal Code. 1860. public servant. CHAAPTER V. reStrictionS on tranSferS of aGricultural landS, manaGement of uncultivated landS and acquiSition of eStateS and landS. Transfers to non-