(1) For the purposes of this Act an owner shall be deemed to be disqualified for the management or control of his property,-
(a) whose property or person and property has or have been taken under the custody and superintendence of the Court by a Firman of H. E. H. the Nizam 15[passed before the commencement of the Constitution of India];
(b) who is a minor;
(c) who has been adjudged by a competent Civil Court to be of unsound mind and incapable of managing his property;
(d) who is a female and declared by the Government to be incapable of managing the property;
(e) who has been declared by the Government to be incapable of managing property on the following grounds:-
(i) any physical or mental defect or infirmity, or
(ii) conviction for a non-bailable offence, his conduct or vice, or
13. The word “Subedar” was omitted by the A.P.A.O. 1957.
14. Substituted for the word “Taluqdar” by the A.P.A.O. 1957.
15. Inserted by the A.P.A.O. 1957.
When may owners, be deemed to be disqualified.
[Act No.XII of 1350 F.] 5
(iii) extravagance or failure, without reasonable cause, to repay and discharge the debts and liabilities:
Provided that no person shall be declared to be disqualified under clause (e), unless he is a jagirdar, hissedar or guzarayab - I - Jagir and unless the Government is satisfied,-
(a) that the aggregate annual interest payable at the contractual rate on the debts and liabilities due by the owner exceeds one-third of the gross income of the property; and
(b) that the property is likely to be dissipated on account of extravagance or failure to repay and discharge the debts and liabilities.
(2) No person shall be declared to be disqualified under clause (d) or (e) of sub-section (1) unless the person concerned has been informed of the grounds on which it is proposed to disqualify him and he has had an opportunity to show that there is no ground for disqualifying him.
(3) No cause of action shall arise for a suit in a Civil Court in respect of any action taken under clause (d) or (e) of sub-section (1).