Section 1 Short title.
This Act may be called “The Oudh Taluqdárs' Relief Act. ”
Section 2 Interpretation-clause.
In this Act---
"Chief Commissioner" means the Chief Commissioner of Oudh:
"aluqdr" 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 taluqdar.
Section 3 Power to vest management of taluqdar'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, orother 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, orother legal curator,
applies in writing to the Chief Commissioner, stating that the taluqdár is subject to, or that hisimmoveable property is charged with, debts of liabilities other than debts due, or liabilities incurred toGovernment, 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 inCouncil by order published in the local official Gazette, appoint an officer (hereinafter called theManager), and vest in him the management of the immoveable property of or to which the taluqdár isthen possessed or entitled in his own right, or which he is entitled to redeem or which may beacquired by or devolve on the taluqdár or his heir during the continuance of such management.
Section 4 Effect of order.
On such publication, the following consequences shall ensue:---
Bar of suits against taluqdar.--- first, all proceedings in respect to such debts of liabilities whichmay then be pending in any Civil Court in British India, shall be barred; and all processes, executionsand attachments for or in respect of such debts and liabilities shall become null and void ;
Taluqdar freed from arrest.--- secondly, so long as such management continues, the taluqdar andhis heir shall not be liable to arrest for or in respect of the debts and liabilities to which the taluqdarwas immediately before the said publication subject, or with which his immoveable property or anypart thereof was then charged, other than debts due, or liabilities incurred, to Government ;
and his moveable property from attachment for prior debts.-- nor shall their moveableproperty be liable to attachment or sale, under process of any Civil Court in British India, for or inrespect of such debts and liabilities other than as aforesaid; and
Cessation, of his power to alienate. thirdly, so long as such management continues,
(a) the taluqdar and his heir shall be incompetent to mortgage, charge, lease or alienate theirimmoveable property or any part thereof, or to grant valid receipts for the rents and profits arising oraccruing therefrom,
Immoveable property freed from attachment. and (b) such, property shall be exempt fromattachment or sale under such process as aforesaid except for or in respect of debts due, or liabilitiesincurred, to Government.
Section 5 Manager to receive rents and profits.
The Manager shall, during his management of thesaid property, receive and recover all rents and profits due in respect thereof; and shall, uponreceiving 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 orliabilities for the time being due or incurred to Government in respect of the said property:
an annual sum for maintenance of the taluqdar and his heir.--- secondly, such annual sum asappears to the Chief Commissioner requisite for the maintenance of the taluqdar, his heir and theirfamilies:
costs of repairs and improvements.--- thirdly, the costs of such repairs and improvements of theproperty 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 indischarge of the costs of the management, and in settlement of such debts and liabilities of thetaluqdar and his heir and their immoveable property, as may be established under the provisionshereinafter contained.
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