(1) 1[The ] Bombay Land Revenue Code, 1879, as adapted and applied to the State, shall apply to the estates of landholders to which this Ordinance applies.
2[(2) * * * * *] 2[(3) * * * * *] 3[(4) * * * * *] 4[20. * * * * *] 5[CHAPTER IV.
[ * * * * *] 6[CHAPTER V.
[ * * * * *]
CHAPTER VI.
MANAGEMENT OF ESTATES HELD BY LANDHOLDERS
35. Notwithstading any law for the time being in force, usage or custom or the terms of contract or grant, when the Government is satisfied that on account of the neglect of a landholder or disputes between him or his tenants the cultivation of his estate has seriously suffered, or when it appers to the Government that it is necessary for 7[ * * * * *] ensuring the full and efficient use of the land for agriculture to assume management of any landholder’s estate, a notification announcing such intention shall be published in the Official Gazette and the Collector shall cause notice of the substance of such notification to be given at convenient place in the locality where the estate is situated. Such notification shall be conclusive.
36. On the publication of the notification under section 35, the estate in respect of which the notification has been published shall, so long as the management continues, vest in the Government. Such management shall be deemed to commence from the date on which notification is published and the Government shall appoint a manager to be in charge of such estates.
37. On the publication of the notification under section 35, the following consequences shall ensue :-
(1) All proceeding then pending in any civil court in respect of the debts and liabilities enforceable against the estate 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, enforced or executed by any civil court in respect of such debts and liblilities.
(3) So long as the managment continues the holder of the estate shall be incompetent:-
(a) to enter any contract involving the estate in pecuniary libaility;
(b) to mortage, 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 thereform:
Provided that nothing contained in this section shall be deemed to preclude the manager from letting and the holder from taking the whole or any part of such estate on such terms consistent with this Ordinance as may be agreed upon between the parties.
1. This word was substituted for the words “Subject to the Provisions of sub-sections (2) and (3)” by section 18 of the Saurashtra Estates Acquisition Act, 1952 (Act No. III of 1952).
2. Sub-sections (2) and (3) were omitted, ibid.
3. Sub-section (4) was repealed by the Saurashtra Land Reforms Act, 1951 (Act No. XXV of 1951).
4. Section 20 was repealed, ibid.
5. Chapter IV was repealed, ibid.
6. Chapter V was repealed, ibid.
7. The words “the purpose of improving the economic and social condition of peasants or” were omitted by ordinance No. LXXXV of 1949.
Modifications in the Bombay Land Revenue Code as adapted and applied.
Power to assume management of landholder’s estate.
Vesting estate in management.
Effect of declaration of management.
4 Saurashtra Gharkhed, Tenancy Settlement and [ 1949 : Sau Ord. XLI Agricultural Lands Ordinance, 1949.
1949 : Sau Ord. XLI] Saurashtra Gharkhed, Tenancy Settlement and 5 Agricultural Lands Ordinance, 1949.
(4) So long as the management continues, no person other than the manager shall be competent to mortage, charge, lease of alienate such estate or any part thereof.