(1) Every such claimant shall, along with his claim, present full praticulars 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 be 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 possession or under the control of the claimant is not delivered or produced by him before the manager along with the claim, the manager may refuse to receive such document in evidence on claimant’s behalf at the investigation of the case.
Manager’s powers.
Manager to pay costs of management, etc.
Notice to claimants.
Claim to contain full particulars.
6 Saurashtra Gharkhed, Tenancy Settlement and [ 1949 : Sau Ord. XLI Agricultural Lands Ordinance, 1949.
1949 : Sau Ord. XLI] Saurashtra Gharkhed, Tenancy Settlement and 7 Agricultural Lands Ordinance, 1949.
42. Every such claim other than the claim of the Government not informed to the manager within the time and in the manner required by such notice shall, except as provided herein, 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 in made to the manager that the claimant was unable to comply with the provisions of section 40, the manager may receive such claim within the further period of two months from the expiration of the original period of two months.
43. The manager shall inquire into history and merits of every claim received under the preceding section and shall in accordance with the rules to be made under this Ordinance determine the amount of the debts and liabilities, if any, justly due to the several claimants.
44. 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 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.
45. When the total amount of the debts and liabilities including those due and incurred to the Government has been finally determined, the manager shall prepare and submit to the Collector a schedule of such debts and liabilities, and a scheme (hereinafer called the liquidation scheme) showing the mode in which it is proposed to pay 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.
46. Every liquidation scheme shall further provide for the continuance of payments to be made by the manager and for the repayment of money, if any, the manager proposes to borrow from Government under this Ordinance and may provide for the improvement of the estate under management either from the said income or with aid of the funds raised as aforesaid or partly in one of such ways and partly in the other.
47. When the Collector sanctions the liquidation scheme, he shall notify the fact of such sanction at such place and in such manner as the Government may from time to time by rule direct ; and thereupon:-
(i) all proceedings, processes, executions and attachments stayed or suspended under section 37 shall be forever barred;
(ii) every debt or liability due or owning 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 the preceding sections in respect of such debt or liability.