The Broach and Kaira Incumbered Estates Act, 1877

This Act may be called “The Broach and Kaira Incumbered Estates Act, 1877:” Commencement.—And it shall come into force on the passing thereof

Act No. XV of 1871 (to relieve from incumbrances the estates of Thakurs in Broach) is repealed: but all applications and appointments and rules made, all notices published, and all other things duly done, under the said Act, shall be deemed to have been respectively made, published and done under this Act.

In this Act— “Thakur” means also taluqdar, Jagirdar and kasbati, and such other classes of holders of estates as the Local Government may, with the previous sanction of the Governor General in Council, declare to be Thakurs for the purposes of this Act: “Heir” means the person for the time being entitled as heir to a Thakur: “Commissioner” means the Revenue Commissioner of the Northern Division of the Presidency of Bombay.

At any time within twelve months after the passing of this Act, any Thakur, or any person who would be sole heir or one of the heirs to such Thakur if he then died intestate, may apply, in writing, to the Commissioner, stating that such Thakur is subject to debts or liabilities, other than debts due, or liabilities incurred, to Government, or that his immoveable property is charged with debts or liabilities other than as aforesaid, and requesting that the provisions of this Act be applied to his case. When any Thakur or other person entitled to make an application under this section is a minor or of unsound mind, or an idiot, such application may be made on his behalf by the guardian or other legal curator of his person, or by the legally constituted administrator or manager of his estate.

When any such application is made by or on behalf of a Thakur, or the person who would be his sole heir if he then died, the Commissioner shall direct an inquiry to be made by such officer as he thinks fit into the nature and amount of such debts and liabilities and the sufficiency of the debtor’s property, whether moveable or immoveable, to discharge the same. When such an application is made in any other case, it shall be in the discretion of the Commissioner, subject to any general rules which may from time to time be made by the Governor of Bombay in Council in this behalf, either to reject such application or to direct an enquiry to be made as aforesaid.