Provisions which shall have effect during management.

§83

Summary

During the period of management of any surplus land, that is to say, the period commencing 1[with the declaration as surplus land] in respect of such land and ending with the termination of the management, the following provisions shall have effect, namely :- (a) all legal proceedings pending and all processes, executions or attachment in force in respect of debts and liabilities enforceable against the land shall be suspended and no fresh proceedings, processes, executions or attachments shall be instituted, enforced or executed in respect thereof; (b) the holder of the land shall be incompetent and the Manager shall be competent- (i) to enter into any contract with respect to the land; (ii) to mortgage, charge, lease or alienate the land or part thereof; (iii) to grant valid receipts for rents or profits accruing from the land; (c) all powers, which if the management had not been assumed would have been exercisable by the holder of the land, shall be exercisable by the Manager who shall receive and recover all rents and profits due in respect of the land and for the purpose of recovering the same may exercise in addition to the powers exercisable by the holder the powers exercisable by a Collector for the recovery of land revenue; (d) from the sums received on account of the land, the Manager shall pay,- (i) the costs of management including the cost of necessary repairs; (ii) the Government revenue and all sums due to Government in respect of the land; (iii) the compensation payable to the holder of the land in accordance with the provisions of 2[sub-section (3)] of section 8; (iv) the cost of such improvement of the land as he thinks necessary and is approved by the Collector; (e) if any proceedings in respect of debts and liabilities enforceable against the land have been suspended under clause (a), the manager may deposit an amount not exceeding the amount estimated to be required for meeting such debts and liabilities with the Court in which the proceedings were pending; (f) the manager’s receipt for any moneys, rents or profits raised or received by him under this Act shall discharge the person paying the same therefrom or from being concerned to see to the application thereof.

During the period of management of any surplus land, that is to say, the period commencing 1[with the declaration as surplus land] in respect of such land and ending with the termination of the management, the following provisions shall have effect, namely :- (a) all legal proceedings pending and all processes, executions or attachment in force in respect of debts and liabilities enforceable against the land shall be suspended and no fresh proceedings, processes, executions or attachments shall be instituted, enforced or executed in respect thereof; (b) the holder of the land shall be incompetent and the Manager shall be competent- (i) to enter into any contract with respect to the land; (ii) to mortgage, charge, lease or alienate the land or part thereof; (iii) to grant valid receipts for rents or profits accruing from the land; (c) all powers, which if the management had not been assumed would have been exercisable by the holder of the land, shall be exercisable by the Manager who shall receive and recover all rents and profits due in respect of the land and for the purpose of recovering the same may exercise in addition to the powers exercisable by the holder the powers exercisable by a Collector for the recovery of land revenue; (d) from the sums received on account of the land, the Manager shall pay,- (i) the costs of management including the cost of necessary repairs; (ii) the Government revenue and all sums due to Government in respect of the land; (iii) the compensation payable to the holder of the land in accordance with the provisions of 2[sub-section (3)] of section 8; (iv) the cost of such improvement of the land as he thinks necessary and is approved by the Collector; (e) if any proceedings in respect of debts and liabilities enforceable against the land have been suspended under clause (a), the manager may deposit an amount not exceeding the amount estimated to be required for meeting such debts and liabilities with the Court in which the proceedings were pending; (f) the manager’s receipt for any moneys, rents or profits raised or received by him under this Act shall discharge the person paying the same therefrom or from being concerned to see to the application thereof.

← Previous Section Next Section →

Explore this Chapter