The Oudh Taluqdar's Relief Act, 1870

THE OUDH TALUQDARS’ RELIEF ACT, 1870

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Section 2 — Interpretation-clause. II

Section 4 — Effect of order. III

Section 5 — Manager to receive rents and profits. IV

Section 12 — Restoration of taluqdár to his property. V

Section 19 — Power to raise money by mortgage or sale. VI

THE OUDH TALUQDARS’ RELIEF ACT, 1870 _________ ARRANGEMENT SECTIONS _________ SECTIONS. Power to vest management of taluqdár's property in an officer appointed by Chief Commissioner. Manager to receive rents and profits. Notice to claimants against taluqdár. Debt or liability not duty notified, to be barred. Saving of jurisdiction of Courts in Oudh in respect of certain suits.

THE OUDH TALUQDARS’ RELIEF ACT, 1870

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Section 1 — Short title.— This Act may be called “The Oudh Taluqdárs' Relief Act. ” 2. Interpretation-clause

Section 3 — Power to vest management of taluqdár's property in an officer appointed by Chief Commissioner

THE OUDH TALUQDARS’ RELIEF ACT, 1870 ACT NO. 24 OF 1870 th [7 September, 1870.] PASSED BY THE GOVERNOR GENERAL OF INDIA IN COUNCIL. th (Received the assent of the Governor General on the 7 September 1870.) An Act to relieve from incumbrances the estates of Taluqdárs in Oudh. PREAMBLE.— WHEREAS many of the taluqdárs of Oudh are in debt, and their immoveable property is subject to mortgages, charges and liens; and whereas it is expedient to provide for their relief in manner hereinafter appearing; It is hereby enacted as follows:— I.— PRELIMINARY. Short title.— This Act may be called “The Oudh Taluqdárs' Relief Act. ” 2. Interpretation-clause.— In this Act— ‘Chief Commissioner’ means the Chief Commissioner of Oudh: ‘taluqdár’ means a person whose name is entered in the first of the lists mentioned in the Oudh Estates’ Act, 1869, section eight: ‘heir’ means the person for the time being entitled under the same Act as heir to a taluqdár. Power to vest management of taluqdár's property in an officer appointed by Chief Commissioner.—Whenever, within twelve months after the passing of this Act, any taluqdár, or (when such taluqdár is an infant, or of unsound mind, or an idiot) his guardian, committee, or other legal curator, or the person who would be heir to such taluqdár if he died intestate, or (when such person is an infant, or of unsound mind, or an idiot) his guardian, committee, or other legal curator, applies in writing to the Chief Commissioner, stating that the taluqdár is subject to, or that his immoveable property is charged with, debts of liabilities other than debts due, or liabilities incurred, to Government, and requesting that the provisions of this Act be applied to his case, the Chief Commissioner may, with the previous consent of the Governor General of India in Council by order published in the local official Gazette, appoint an officer (hereinafter called the Manager), and vest in him the management of the immoveable property of or to which the taluqdár is then possessed or entitled in his own right, or which he is entitled to redeem, or which may be acquired by or devolve on the taluqdár or his heir during the continuance of such management.

III.—DUTIES OF MANAGER.

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Section 6 — Notice to claimants against taluqdár

Section 7 — Claim to contain full particulars

Section 8 — Debt or liability not duty notified, to be barred

Manager to receive rents and profits,—The Manager shall, during his management of the said property, receive and recover all rents and profits due in respect thereof; and shall, upon receiving such rents and profits, give receipts for the same. From the sums so received, he shall pay— and pay therefrom the Government demand,— first, the Government revenue, and all debts or liabilities for the time being due or incurred to Government in respect of the said property: an annual sum for maintenance of the taluqdár and his heir,— secondly, such annual sum as appears to the Chief Commissioner requisite for the maintenance of the taluqdár, his heir and their families: costs of repairs and improvements,— thirdly, the costs of such repairs and improvements of the property as appear necessary to the Manager and are approved by the Chief Commissioner: costs of management, and the debts and liabilities.— and the residue shall be applied in discharge of the costs of the management, and in settlement of such debts and liabilities of the taluqdár and his heir and their immoveable property, as may be established under the provisions hereinafter contained. Notice to claimants against taluqdár.— On the publication of the order vesting in him the management of the said property, the Manager shall publish in the local official Gazette a notice in English and Urdú, calling upon all persons having claims against the taluqdár or his immoveable property to notify the same in writing to such Manager within three months from the date of the publication. Copies of notice to be exhibited.—He shall also cause copies of such notice to be exhibited at the Tahsildárs’ Kachahrís in the District or Districts in which the said property lies and at such other places as the Manager thinks fit. Documents to be given up.—Every document on which the claimant founds his claim, or on which he relies in support thereof, shall be delivered to the Manager along with the claim. Entries in books.—If the document be an entry in any book, the claimant shall produce the book to the Manager, together with a copy of the entry on which he relies.

six and seven, the Manager may admit such claim within the further period of nine months from the

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Section 9 — Determination of debts and liabilities

Section 10 — Appeal

Section 11 — Scheme for settlement of debts and liabilities

Section 13 — Power to call for further particulars

Section 14 — Power to summon witnesses and compel production of documents

Section 15 — Power to administer oaths

Section 16 — Investigation to be deemed a judicial proceeding

six and seven, the Manager may admit such claim within the further period of nine months from the expiration of the said period of three months. Appeal.—An appeal against any refusal, admission or determination under sections seven, eight or nine shall lie, if preferred within six weeks from the date of such determination, to the Commissioner of Division to whom the Manager is subordinate, and the decision of such Commissioner, or of the Manager if no such appeal has been so preferred, shall be final. Power to return scheme for revision.—Until such approval is given, the Chief Commissioner may, as often as he thinks fit, send back such scheme to the Manager for revision, and direct him to make such further enquiry as may be requisite for the proper preparation of the scheme. Restoration of taluqdár to his property.—When all such debts and liabilities have been discharged, or if, within six months after the publication of the order mentioned in section three, the Chief Commissioner thinks that the provisions of this Act should not continue to apply to the case of the taluqdár or his heir, the taluqdár or his heir shall be restored to the possession and enjoyment of his immoveable property, or of such part thereof as has not been sold by the Manager under the power contained in section nineteen, but subject to the leases and mortgages (if any) granted and made by the Manager under the powers hereinafter contained. Power to call for further particulars.—The Manager may, from time to time, call for further and more detailed particulars of any claim preferred before, him under this Act, and may at his discretion refuse to proceed with the investigation of the claim until such particulars are supplied. Investigation to be deemed a judicial proceeding.— Every investigation conducted by the Manager with reference to any claim preferred before him under this Act, or to any matter connected with any such claim, shall be taken to be a judicial proceeding within the meaning of the Indian Penal Code.

VI.—MISCELLANEOUS.

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Section 17 — Manager to have powers of a taluqdar

Section 18 — Power to lease

Section 20 — Power to make rules

Section 21 — Power to appoint new Managers

Section 22 — Managers to be public servants

Section 23 — Bar of suits

Section 24 — Petitions, &c., under Act exempt from Court fees

Statements of persons examined, to be evidence.—And every statement made by any person examined by or before the Manager with reference to such investigation, whether upon oath or otherwise, shall be taken to be evidence within the meaning of the same Code (45 of 1860). Manager to have powers of a taluqdar.—The Manager shall have, for the purpose of realizing and recovering the rents and profits of the said immoveable property, the same powers as the taluqdár would have had for such purpose if this Act had not been passed. Power to remove mortgagee in possession.—And if such property, or any part thereof, be in the possession of any mortgagee, the Manager may apply to the Court of the Deputy Commissioner within whose jurisdiction the property is situate, and such Court shall cause the same to be delivered to the Manager as if a decree therefor had been made in his favour; but without prejudice to the mortgagee preferring his claim under the provisions hereinbefore contained. Power to lease.—Subject to the rules made under section twenty, the Manager shall have power to demise all or any part of the said property, for any term of years not exceeding twenty years absolute, to take effect in possession, in consdieration of any fine or fines, or without fine, and reserving such rents and under such conditions as may be agreed upon. Power to raise money by mortgage or sale.—The Manager, with the previous assent of the Chief Commissioner, shall have power to raise any money which may be required for the settlement of the debts and liabilities (other than as aforesaid) to which the taluqdár is subject, or with which his immoveable property or any part thereof is charged, by demising by way of mortgage the whole or any part of such property for a term not exceeding twenty years from the said publication, or by selling, with the previous consent of the taluqdár and of the person (being of full age) who would be his heir if he died intestate, by public auction or by private contract, and upon such terms as the Manager thinks fit, such portion of the same property as may appear expedient. And no mortgagee advancing money upon any mortgage made under this section, shall be bound to see that such money is wanted or that no more than is wanted is raised.

25. Saving of jurisdiction of Courts in Oudh in respect of certain suits.— Nothing in this Act

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Section 25 — Saving of jurisdiction of Courts in Oudh in respect of certain suits

Saving of jurisdiction of Courts in Oudh in respect of certain suits.— Nothing in this Act precludes the Courts of the Province of Oudh, having jurisdiction in suits relating to the succession to or rights of persons claiming maintenance from any immoveable property brought under the operation of this Act, from entertaining and disposing of such suits; but to all such suits the Manager of such property shall be made a party. ________ 6