Sindh Incumbered Estates Act, 1896

 

_{The Sindh Incumbered Estates Act, 1896}

 

¹Act No. XX OF 1896

 

_[16^th _{October, 1896]}

 

An act to amend the law providing for the relief of jagirdars and zamindars in Sindh.

 

WHEREAS it is expedient to amend the law providing for the relief of jagirdars and zamindars in Sindh; It is hereby enacted as follows,---

 

CHAPTER I

PRELIMINARY

1.—Title and commencement. (1) This Act may be called the Sindh incumbered Estate Act, 1896; and

 

(2) It shall come into force at once.

 

2.              Definitions. In this Act,---

 

(1)       “Jagir land” includes also  a  share held  hereditarily of  the  revenues of  a

Government village, but does not include siri or mamul or garden grants;

 

(2)       “jagirdar” means a person who, or shoes ancestor, was found in possession of jagir land in Sindh on the seventeenth day of February, 1843, and to whom the said land, or a portion of the same, or other land in lieu thereof, has been continued by the ²*Government, ³[as a jagir]:

 

(3)   “zamindar” means a person holding lands in Sindh on the aggregate of which he or his ancestor has been assessed by the Government, on account of land- revenue for any one of the five revenue-years next before the 4[making of an application under section 3 by or in respect of or on behalf of such person] a sum not less than three hundred rupees; and a person holding lands in Sindh which, having been comprised in the jagir lands of a jagirdar and having ceased to be jagir lands,

 

¹For Statement of Objects and Reasons, see Gazette of India, 1896, Pt. V.p. 252; and for Proceedings in Council, see ibid., Pt. VI , pp. 236 and

243.

This Act has been and shall be deemed to have been extended to the whole of Pakistan by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2^nd Sch. (with effect from the 14^th October, 1955).

This Act has been amended in its application to the Province of Sind by the Sind Act, No. 17 of 1975, s. 3 and 2^nd Sch.

²The word “British” omitted by A.O., 1961, Art. 2 and Sch. (with effect from the 23^rd March, 1956).

³Subs. by the Sindh Incumbered Estates (Amdt.) Act, 1906 (2 of 1906), s.2(a), for “and to whom, or to whose ancestor, a sanad has been, or hereafter may be, granted confirming such continuance”.

⁴Subs. by s. 2(b), ibid., for “commencement of this Act”.

 

are as essed by the Government on account of land revenue at a sum not less than three hundred rupees per year, and, where a joint family or any other body of co - owners hold lands of either of those descriptions, each member of that family or body who would be entitled to demand a partition of the lands: and

 

_{(4) “Commissioner” means the Commissioner in Sindh.}

 

 

CHAPTER II

OF THE APPLICATION AND PRELIMINARY INQUIRY

 

3.-Application for the benefit of this Act. (1) At any time after the commencement of this Act, any jagirdar or zamindar or any person who would be sole heir or one of the heirs to such jagirdar or zamindar if he then died intestate, may apply in writing to the Commissioner, stating that such jagirdar or zamindar is subject to debts or liabilities, other than debts due, or liabilities incurred,  ^l[to  the  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.

 

(2) When any jagirdar, zamindar 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.

 

4.—Order to inquire. (1) When any such application is made by or on behalf of a jagirdar 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.

 

(2) When such an application is made in any other case, it shall- be . in the discretion of the Commissioner, subject to any general roles which may from time to time be made by the 2[Pro - vincial Government] in this behalf, either to reject such application, or to direct an inquiry to be made as aforesaid.

³[5.—Interim order of protection.(1)] When the Commissioner has directed an inquiry under section 4, he may, if he thinks fit, further direct that, until

 

¹The original words “to Govt.” have successively been amended by A.O., 1937 and A.O., 1961, Art. 2 (with effect from the 23^rd March, 1956) to read as above.

²Subs. by A. 0., 1937, for “Governor of Bombay in Council”.

³The original.. 5 was rl-numbered as au b-aection (1) of that section by the Sindh _Incumbered Eatates (Amdt.) Act. 1906 (2 of 1906 ). I. 3.

 

he dismisses the application or appoints an officer under section 7, sub-section (2), clause (c),- ,

 

(a)     all  proceedings then  pending in  any Civil  or  Revenue Court or  Office in ^l[Pakistan}, in respect of any of the debts and liabilities to which the debtor is subject, or which are charged on the whole or any part of his immoveable property, 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; and

 

(b)    no fresh proceedings, processes, execution or attachments shall be instituted in, or issued by, any Civil Court or Revenue Court or Office in  ^l[Pakistan] in respect of such debts and liabilities.

 

²[(2) Every direction given under sub-section (1) shall be deemed to afford protection to sureties of the debtor as well as to the debtor himself, unless in any case a surety has, by his bond, expressly accepted liability thereunder in the event of an 'order being made in respect of the debtor's property under section 7, sub-section (2), clause (c).

 

6.-Verified statement to be submitted. (1) When an inquiry has been directed under section 4, the applicant shall, within a period to be fixed by the Commissioner, submit to the officer appointed to make such inquiry a statement duly verified by the said applicant or by some other competent person in the manner required by law for the verification of plaints and containing, so far as may be practicable, such details as to the debts and liabilities, and as to the sufficiency of the debtor's property, whether moveable or immovable, to meet the same, as. the Commissioner, or the said officer subject to his control, may require.

 

(2) If any such statement contains any averment which the person making the verification knows or believes to be false, or does not know or believe to be true, such person shall be

deemed to have intentionally given false evidence within the meaning of the Pakistan Penal

Code(XLV of 1860).

 

7.-Report of inquiry and proceedings thereon. .(1) The officer so appointed, after making inquiry, shall Report of submit a report of the proceedings to the Commissioner.

 

(2) On receipt of such report, the Commissioner may,---

 

(a)       direct a further inquiry; or

_{(b)       dismiss the application; or,}

 

¹Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for” the

Provinces and the Capital of the Federation”, which had been subs. by A. 0.,1949, Arts. 3 (2) and 4, for “British India”.

²Sub.section (2) ins. by the Sindh Incumbered Estates (Arndt.) 1906 (2 of 1906), s.3.

 

(c)    by order published in  the  ^l[official Gazette],.appoint an  officer  (hereinafter called the manager) to manage them moveable property of the debtor, and to arrange for the liquidation of his-debts in manner hereinafter provided.

 

CHAPTER III

OF THE ORDER OF MANAGEMENT

 

8.—Order of management. (1) An order made under section 7, sub-section (2), clause (c) (hereinafter called “the order of management”), shall extend to all immoveable property, including any interest in joint immoveable property, of or to which the debtor is on the date of its publication possessed or entitled in his own right, or which he is entitled to redeem, or which may be acquired by or devolve on him during the continuance of the management, any to all debts and liabilities to which he is subject, or which are charged on the whole or any part of his immoveable property on the said date, and to the amount of any loan which may be received by the manager in the manner hereinafter provided.

 

 

(2) The management shall be deemed to commerce from the date on which the order is published.

 

9.  Effect  of  order  of  management.  On  the  publication of  the  order  of  management the following consequences shall ensue:---

 

_{(1) all proceedings then pending in any Civil Court or Revenue Court or Office in}

²[Pakistan] in respect to the debts and liabilities mentioned in section, 8 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;

 

 

(2) so long as the management continues, no fresh proceedings, processes, executions or attachments shall be instituted in or issued by any Civil Court or Revenue Court or Office in 2[Pakistan] in respect of such debts and liabilities;

 

³[(2a) clause (1) and (2) shall be deemed to afford protection to sureties of the debtor as well as to the debtor himself, unless in any case a surety has, by his bond, expressly accepted liability thereunder in the event of an order being made in respect of the debtor’s property under section 7, sub-section (2), clause (c);]

 

¹_{Subs. by A.O., 1937, for “Sindh Official Gazette”.}

²Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2^nd Sch. (with effect from the 14^th October, 1955). for “ the

Provides and the Capital of the Federation” which has been subs. by A.O., 1949, Arts. 3(2) and 4, for “British India”.

³Clause (2a) ins. by the Sindh Incumbered Estates (Amdt.) Act, 1906 (2 of 1906), s.4.

 

(3) so long as the management continues, the debtor shall be incompetent

 

(a) to enter into any contract involving him in pecuniary liability, or

 

(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 clause shall be deemed to preclude the manager from letting, and the debtor from taking, the 'Whole or any part of such property 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 property or any part thereof.

 

10. Powers of manager. The manager shall, during the management of the property, have all powers which the owner thereof might, as such, have legally exercised, and shall receive and recover all rents, ^l[profits and other sums] due in respect of the property under management, and for the purpose of recovering such rents, l[profits and other sums] shall have, in addition to any

powers possessed by a jagirdar or zamindar, as the case may be, all the powers possessed by a Collector under the law for the time being in force for the recovery of land-revenue due to Government, 2[including the power conferred by section 176 of the Bombay Land -revenue Code, 1879 (Bom.V of 1879)]:

 

Provided that he shall not, before the liquidation-scheme hereinafter mentioned has been sanctioned, demise the property under management, or any part thereof, for any term exceeding two years, to take effect in possession.

 

11.-Payments to be made by manager and order thereof. (1) From the sums received or recovered under section 10, the manager shall pay

 

first, the costs of the management, including the costs of necessary repairs;

 

secondly, the Government revenue and all debts and liabilities for the time being due or incurred 3[to the Government] in respect of the property under management;

 

thirdly, the rent (if any) due to the jagirdar or other superior holder in respect of the said property;

 

¹_{Subs. by the Sindh Incumbered Estates (Amdt.) Act, 1906 (2 of 1906), s. 5 (a), for “and profits”.}

²Ins. ibid., s.5 (b)

³The original words” to Government” have successively been amended by A. 0., 1937, and A. 0., 1961, Art. 2 (with effect from the 23^rd March,

1956) to read as above.

fourthly, such periodical allowances as the Commissioner may, from time to time, fix for the maintenance of the debtor and his family ;

 

fifthly, the cost of such improvements of the said property as he thinks necessary, and are approved by the Commissioner.

 

(2) The residue shall be retained by the manager for the liquidation, in manner hereinafter .provided, of the debts and liabilities mentioned in section 8 other than those so due or incurred ^l[to the Government], and also for the repayment, either before or after the liquidation of such debts and liabilities, of any loan received by the manager under this Act.

 

CHAPTER IV

PROOF OF DEBTS AND SCHEME FOR LIQUIDATION

 

12. Notice to claimants against debtors. On the publication of the order of management, the manager shall publish in the 2[official Gazette] a notice in English and Sindhi, calling upon all persons having claims against the debtor, or the property under management, to notify the same in writing to such manager within six months from the date of the publication, and shall also cause copies of such notice to be exhibited at the mukhtiarkars kachahris in the district in whi ch the said property lies, and at such other places as he thinks fit.

 

13.—Claimants to present full particulars and documents. (1) Every such claimant shall, along with his claim, present full particulars thereof.

 

(2) 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.

 

(3) If the document is 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. The manager shall mark the book for the purpose of identification and, after examining and comparing the copy with the original, shall return the book to the claimant.

 

(4) If any document in the possession or under the control of the claimant is not delivered or produced by him to the manager along with the claim, the manager may refuse to receive such document in evidence on the claimant's behalf at the investiga tion of the case.

 

14. Claim not duly notified to be barred. Every such claim (other than claims ¹[ of the Govern- ment] not notified to the manager within the time and in the manner required by such notice shall, except as provided in

 

¹The original words “to Government” have successively been amended by A.O., 1937, and A.O., 1961, Art. 2 (with effect from the 23^rd March,

1956), to read as above.

²Subs. by A.O., 1937, for “Sindh official Gazette”.

section 19, clause (d), be deemed for all purposes and on all occasions, whether during the continuance of the management or afterwards, to have been duly. discharged:

 

Provided that, when proof is made to the' manager that the claimant was unable to comply with the provisions of section 12, the manager may receive such claim within the further period of six months from the expiration of the original period of six months.

 

15. Determination of debts and liabilities. The manager shall inquire into the history and merits of every claim received under sections 12 and 14, and shall, in accordance with the rules to be made under this Act, determine the amount of the debts and liabilities (if any) justly due to the several claimants.

 

16. Power to rank debts and to fix interest. If such amount cannot be paid at once, the manager shall then proceed to rank such debts and liabilities according to the order in which they shall be paid, and to fix the interest (if any} to be paid thereon, respectively, from the date of the final decision thereon to the date of the payment and discharge thereof.

 

17.—Liquidation scheme. (1) When the total amount of the debts and liabilities (including those due and incurred ¹[to the Government] has been finally determined, the manager shall prepare and submit to the Commissioner a schedule of such debts and liabilities, and a scheme (hereinafter called the liquidation-scheme) showing the mode in which it is proposed to pay and discharge the same, whether from the income of the property under management, or with the aid of funds raised under the powers hereinafter conferred, or partly in one of such-ways and partly in the other.

 

(2)  Every  liquidation-scheme  shall  further  provide  for  the  continuance  of  the payments to be made by the manager under section 11, and for the rep ayment of the money (if any)  which  the  manager  proposes  to  borrow  under  this  Act;  and  may  provide  for  the improvement of the property under management either from the said income or with the aid of the funds raised as aforesaid; or partly in one of such ways and partly in the other.

 

18. Proceedings of Commissioner on submission of liquidation scheme. The Commissioner may—

 

(a)    as often as he thinks fit send back such scheme to the manager for revision, and direct him to make such further inquiry as may be requisite for the proper preparation of the scheme, or

 

(b)    sanction any liquidation-scheme or any revised liquidation-scheme submitted to him, either as it  stands, or subject to  such modifications as he may deem expedient.

 

¹The original. words. “to.. GovetDll1ent” have successively been amended by A. 0., 1937 and' A. 0., 1961, Art. 2 (with effect from the 23rd

March, 1956), to read as above.

19.—Power to relinquish management. (1) At any time before he has sanctioned a liquidation scheme under section 18, the Commissioner may, by an order management. published in the ^l[official  Gazette],  direct  that  on  a  date  fixed  by  such  order  the  management  shall  be relinquished.

(2) On the date so fixed—

 

(a)  the management shall terminate;

 

(b)  the  owner  of  the  property  under  management  shall  be  restored  to  the possession thereof, subject to any leases granted under section 10 ;

 

(c)   any residue of the rents and profits of the said property retained under section

11, sub-section (2), shall be paid to him; and

 

(d)  the proceedings, processes, executions and attachments stayed and suspended under section 9, and the debts and liabilities barred by section 14, shall revive.

(3) In calculating the periods of limitation applicable to suits to recover and enforce debts and liabilities revived under this section, the time during which the management has continued shall be excluded.

 

CHAPTER V

OF THE PROCEEDINGS SUBSEQUENT TO SANCTION OF THE LIQUIDATION- SCHEME.

 

20. Effects of sanctioning scheme. When the Commissioner sanctions the liquidation scheme, he shall notify the fact of such sanction at such places and in such manner as the ²[Provincial Government] may from time to time by rule direct; and thereupon

 

(1)  all proceedings, processes, executions and attachments stayed or suspended under section 9 shall be for ever barred, and

 

(2)  every debt or liability due or owing to any person which was provable before the  manager shall  be  extinguished; and  such person shall  be  entitled to receive under the liquidation-scheme the amount (if any) finally awarded to him under Chapter IV in respect of such debt or liability.

 

21.-Powre to remove mortgage in possession. (1) If the property under management or any part thereof is in the possession of a mortgagee or conditional vendee, the manager, at any time after the liquidation-scheme has been

¹Subs. by A. 0., 1937, for “Sindh official Gazette”

²Subs. ibid., for “L. G.”.

sanctioned as aforesaid, may, by an order in writing, require such incumbrancer to deliver up possession of the same to him at the end of the then current revenue-year.

 

(2) if such incumbrancer refuses or neglects to obey such order, the manager may, without resorting to a Civil Court, enter upon the property and summarily evict the refrom the said incumbrancer and any other person obstructing or resisting on his behalf.

 

(3) Nothing in this section shall be held to affect the right of any incumbrancer to receive, under the liquidation-scheme, the amount (if any) awarded to him under Chapter IV.

 

 

¹[22.-Power to inquire into consideration given for leases. (1)] If the property under management or any part thereof is in the possession of any person claiming to hold under a lease,

²* * * the manager, with the sanction of the Commissioner, may inquire into the sufficiency of the consideration for which the lease was granted, and if such consideration appears to him insufficient, may by written order, at any time after the liquidation-scheme bas been sanctioned as aforesaid, either set aside the lease, or require the person so in possession to pay such consideration for the said lease as the manager thinks fit ; and, in default of such payment, the lease shall be cancelled.

 

³[(2) Whenever the manager sets aside or cancels a lease under sub-section (1), he shall, by written order. award to the lessee such compensation, if any, as may appear to the manager to be equitable in the circumstances; and, subject to the provisions of Chapter VI, no compensation in excess of the amount 110 awarded shall be recoverable by the lessee in a Civil Court or otherwise.

 

(3) Any compensation awarded by the manager under subsection (2) shall be deemed to be a debt mentioned in section 8, and shall rank in priority to all other debts and liabilities other than debts or liabilities due or incurred ⁴[to the Government].

 

 

(4) If any lessee whose lease has been so set aside or cancelled refuses or neglects to give up possession when required to do so by the manager, the manager may, without resorting to a Civil Court, enter upon the property and summarily evict therefrom the said lessee and any other person obstructing or resisting on his behalf.]

 

23.  Power  to  lease.  Subject  to  the  rules  made  under  section  33,  the  manager,  after  the liquidation-scheme has been sanctioned as aforesaid, tease shall have power to demise all or any part of the property under management for any term of years not exceeding twenty years

 

1The original section 22 was re-numbered as section 22 (1) by the Sindh Incumbered Estates (Arndt.) Act, 1906 (2 of 1906), s. 6(a).

²The words” dated within the three years immediately preceding the commencement of the management” were rep. ibid., s. 6(b).

³Sub-sections (2), (3) and (4) ins. ibid., s. 6(c).

⁴Sel foot note 1 on page 419, supra.

absolute, to take effect in possession, in consideration of the payment to him of any fine, or without fine, and reserving such rents, and under such conditions as may be agreed upon.

 

¹24. Power to raise money by mortgage or sale. At any time after the liquidation-scheme has been sanctioned as aforesaid, the manager, with the previous assent of the Commissioner, shall have power to raise any money which may be required for carrying out such scheme

 

(a)    by demising by way of mortgage the whole or any part of the property under management for a term not exceeding twenty years from the publication of the order of management; or

 

(b)    by selling, by public auction or by private contract, and upon such terms as the manager thinks fit, such portion of the said property as may appear expedient; or

 

_{(c)    by  borrowing money at  such  rate  of  interest  as  appears  reasonable to  the}

²[Provincial Government].

 

 

25. Separation of part of jagir lands subject of lapse. When jagir land under management is held on this condition, that on the happening of a certain event a share of the land shall lapse, but that it shall be in the discretion of the person then entitled as jagirdar to divide off and relinquish in respect of the lapse such part of the land, being a fair equivalent of that share, as he thinks fit, the manager may, if he deems it convenient for the better exercise of the powers conferred by sections 23 and 24, at any time, after such consultation with persons interested as he thinks necessary, allot by written order, for relinquishment on the happening of the event, such part of the land as he thinks fit ; and thereupon that part and no other shall, on the happening of the event, be relinquished.

 

26. Manager’s receipt to be a discharge. 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 and from being concerned to see to the application thereof.

 

27.—Termination of management. (1) When the debts and liabilities mentioned in the liquidation-scheme and the amount of any loan received under section 24, clause (c), together with the interest (if any) due there on, have been paid and discharged, the manager shall publish in the 3[official Gazette] a notice fixing a date for the termination of the- management.

 

(2) On the date so fixed the management shall terminate, and the owner shall be restored to the possession and enjoyment of the property under management, or of such part thereof as has not been sold by the manager under the power conferred by

 

¹This section has been amended in its application to the Province of West Pakistan (except the Capital of the Federation) by West Pakistan Act 16 of 1951,8. 3 (3) and 3rd Sch. (with effect from the 14th October, 1955).

²Subs. by A. 0., 1931, for “L. G.”.

³Subs. ibid., for “Sindh official Gazette”.

section 24, but subject to the leases and mortgages (if any) granted and made by the manager under the powers conferred by sections 10, 23 and 24.

 

28. Death of debtor during management. If the debtor dies after the publication of the order of management and before the management has been terminated in either of the modes hereinbefore provided,-

 

(1)    the management shall continue and proceed in all respects as if such debtor were still living ;

 

(2)    any person  succeeding to  the  whole  or  any portion  of  the  property under management shall, while such management continues, be subject in respect of such property to the disabilities imposed by section 9, clause (3), sub-clauses (b) and (c) ; and

 

(3)    no Civil Court or Revenue Court or Office in l[Pakistan] shall, during the continuance of the management, issue any attachment or other process against any portion of the property under management for, or in respect of, any debt or liability incurred by any such person whether before or after his said succession.

 

29. Mortgages, etc., made by restored jagirdar valid only for this life. When a jagirdar or zamindar has been restored under section 27, sub-section (2), to the possession of any property, no mortgage, charge, lease or alienation of such property, or of any part thereof, made or granted by such jagirdar or zamindar shall be valid as to any time beyond his natural life 2[unless made or granted with the previous sanction of the Commissioner],

 

³[or in the case of a loan granted under the Land Improvement Loans Act, 1883, or the Agriculturists, Loans Act, 1884, with the previous sanction of the officer granting such loan].

 

30. Power to revise liquidation scheme. Notwithstanding anything contained in this Act, the Commissioner may, at any time after he has, whether before or after the commencement of this Act, sanctioned the liquidation scheme, revise and modify the same, but not so as to affect the right of any person to receive in full before the termination of the management the amount finally awarded to him under Chapter IV.

 

¹Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for” the

Provinces and the Capital of the Federation” which had been subs. by A. 0” 1949, Arts. 3 (2) and 4, for “British India”.

²Ins. by the Bombay Repealing and Amending Act, 1919 (Bom. 2 of 1919), s. 2 and Sch..1.

³Ins. by the Sindh Incumbered Estates (Arndt.) Act, 1929 (Bom. 11 of 1929), s. 2.

CHAPTER VI

OF APPEAL AND REVISION

 

31.-Appeal. (1) An appeal against any decision or order under sections 14, 15, 16 and 22, and imposing a fine or imprisonment in exercise of the powers conferred by section 37, shall lie to the Commissioner, if preferred within six weeks from the date of such decision or order or _appeal.

(2) There shall be no appeal against the decision of the Com missioner on such

 

¹[32. Power to call for proceedings and pass order thereon. The Provincial Government may, of its own motion or on the application of any person concerned, call for the proceedings in any case under this Act, and pass such order thereon consistent with the provisions of this Act as it thinks fit]

 

CHAPTER VII

 

MISCELLANEOUS

 

33.-Power to make rules. (1) The Commissioner, with the previous sanction of the 2[Provincial

Government], may, from time to time, make rules consistent with this Act

 

(a)    to regulate the security to be required from subordinate officers under this Act;

 

(b)    to regulate the procedure in a11 cases under this Act;

 

(c)    for the guidance of officers inquiring into and determining on claims under Chapter IV ; and in particular as to the allowance of interest (if any) on each of the principal debts and liabilities so determined, from the date on which it was incurred down to the date of the determination, and on the aggregate amount of such debts and liabilities, from the date of the determination down to the date of payment, and as to the order of paying debts and liabilities and repaying any loan received hereunder;

 

(d)    for investing any moneys received or raised by the manager under this Act in any Government securities of 3[Pakistan], and for the sale of such securities; and

 

_{(e)    generally to carry out the provisions of this Act.}

 

¹Subs. by the Sind Incumbered Estates (Arndt.) Act, 1951 (Sind Act l7 of 1951), s. 2, for the original s. 32.

This section has been amended in its application to the Province of West Pakistan (except the Capital of the Federation). by the West Pakistan

Act 16 of 1957, s. 3 (3) and 3rd Sch. (with effect from the 14th October, 1955).

²Subs. by A. 0., 1937, for “Governor of Bombay in Council”.

³Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960) s. 3 and 2nd Sch. (with effect from the 14^th  October, 1955), for” the

Provinces and the Capital of the Federation” which had been subs. by A. 0 1949, Arts. 3(2) and 4, for “British India”.

(2) Such rules shall be published in the ¹[official Gazette], and shall thereupon have the force of law.

 

34. Power to appoint new manager.- Whenever the Commissioner thinks fit, he may suspend or remove any manager, and may appoint any officer in the stead of any manager appointed under this Act; and thereupon the management then vested under this Act in the former manager shall become vested in the new manager, and the new manager shall have the same powers as if he had been originally appointed.

 

^{35. Managers to be public servants.- Every manager appointed under this Act shall be} deemed Managers to a public servant within the meaning of the Pakistan Penal Code (XLV of

1860).

 

36. 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 Pakistan Penal Code (XLV of 1860).

 

37. Power to summon witnesses and compel production of documents.- For the purposes of  this  Act,  the  manager  ²[or  any  officer  subordinate  to  him,  not  below  the  rank  of  a Mukhtiarkar,] may summon and enforce the attendance of witnesses and compel them to g ive evidence, and compel the production of documents, by the same means and, as far as possible in the same manner, as is provided in the case of a Civil Court by the ³Code of Civil Procedure.

 

38. Bar of suits.- No suit or other proceeding shall be maintained against Bar of suits. any person in respect of anything done by him bona fide pursuant to this Act.

 

39. Saving of jurisdiction of Courts in Sindh in respect of certain suits.- Nothing in this Act precludes the Courts in Sindh having jurisdiction in suits relating to the succession to 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.

 

¹_{Subs. by A. 0., 1937, for “Sindh officia1 Gazette”.}

²Ins. by the Incumbered Estates and Court of Wards (Sind Arndt.) Act, 1947 (16 of 1947), s. 2.

³See now the Code of Civil Procedure, 1908.(5 of 1908).