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Section 9: Effect of order of management

The Broach and Kaira Incumbered Estates Act, 1877Central Act · Act 14 of 1877

On the publication of the order of management the following consequences shall ensue:

Stay of pending proceedings, &c.—First, all proceedings then pending in any Civil Court in British India 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;

6 Bar of fresh proceedings.—Secondly, so long as the management continues, no fresh proceedings, processes, executions or attachments shall be instituted in or issued by any Civil Court in British India in respect of such debts and, liabilities;

The debtor incompetent.—Thirdly, so long as the management continues, the debtor shall be incompetent— to contract debts,—(a) to enter into any contract involving him in pecuniary liability, or to encumber or alienate property,—(b) to mortgage, charge, lease or alienate the property under management or any part thereof, or to grant receipts for rent,—(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;

Fourthly, 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.

Where this provision sits

ActThe Broach and Kaira Incumbered Estates Act, 1877
Section9
Marginal noteEffect of order of management
JurisdictionCentral
StatusIn force as published by the source

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