section 46
Effect of declaration of management. 58
The Gujarat Tenancy and Agricultural Land Act, 1948Chapter IV manaGement of eStateS held by land holderS.
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.
Study data processing for this section.
Some statutory text is still being prepared for this language version.
PDF: pending for this language.