(1) Every award made under this Act shall on payment of the court-fee payable under section 49, be registered under the Indian Registration Act, 1908, after the expiry of the period provided for an appeal, if any appeal is allowed but no appeal is filed and after the disposal of the appeal if an appeal is filed.
(2) The court-fee on the award shall be paid by the party ordered by the Board to bear the costs:
Provided that any creditor who is not ordered to bear the costs may pay such court-fee. Such creditor shall be entitled to recover the amount of court-fee paid by him from the debtor with the first installment payable to him under the award:
Provided further that no court-fee shall be payable by a co-operative society.
Reopening of award and resettlement of debts.
Award to be registered; how to be executed.
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(3) The award so registered shall be executed as follows:-
(i) If the debtor makes default in the payment of any instalment due under the award to any creditor such creditor may apply in the prescribed form to the Board for execution of the award;
(ii) If the Board on receipt of such application is satisfied that the debtor has made default in the payment of the instalment the Board shall transfer the award for execution to the Collector and thereupon the Collector shall recover the amount of the instalment from the debtor as arrears of land revenue:
Provided that nothing in this sub-section shall affect the right of Government, a local authority or a co-operative society to have recourse to any mode of recovery allowable by any law for the time being in force.
43. The Government may at any time on the ground of serious hardship to the debtor, if such hardship arose after the date of an award made under section 15, 16, 36 or 37 postpone by any period not exceeding one year, the payment of any instalment or instalments due under the award.
44. Notwithstanding any law or contract but subject to the provisions of section 45 no alienation of any property belonging to a debtor who is a party to any proceedings or award under this Act, made by him before all his debts are discharged shall be valid, except with the previous sanction of the Government.
45. If the Board or the Court, hearing an Appeal against the award is at any time satisfied that it is in the interest of a debtor that any part of his property should be sold in Postponement of payment of instalment.
No alienation by debtor before discharge of debts valid.
Board may order sale of debtor’s property in liquidation of his debt.
28 [Act No. XII of 1952] liquidation of his debt or part thereof such Board or Court may permit the debtor to sell such part of the property for such purpose within a specified period. If the debtor fails to sell it, such Board or Court may order an officer of the Board or Court to sell the same. The property ordered to be sold under this section shall be sold by such officer in the manner prescribed:
Provided that the part of the property ordered to be sold under this section shall not exceed the part liable to be sold under sub-section (2) of section 52.
46. Except in proceedings under section 32 no pleader shall be entitled to appear on behalf of any party in any proceeding before the Board or the Court in appeal under this Act:
Provided that if the Board after examining the parties to any proceeding before it or the Court in appeal is of opinion that any of the parties is not sufficiently competent to represent his case and that in the interest of justice it is necessary to allow such party the assistance of any pleader, it may allow the parties to be represented at their own cost by a pleader:
Provided further that pleader’s fees shall not be allowed as part of the costs for the appearance of a pleader in any proceedings under this Act.
47. Notwithstanding anything contained in any other law and save as otherwise provided in section 55,
(1) an appeal shall lie-
(i) from every order passed under sub-section (3) of section 15;
Pleaders etc., excluded from appearance.
Appeals.
[Act No. XII of 1952] 29
(ii) from every order passed under section 24;
(iii) from every order passed under section 32;
(iv) from every order passed under sub-section (2) of section 40;
(v) from every award made under this Act other than an award made in terms of a settlement under sub-section
(4) of section 15 or under section 16 or section 37 or’ an award before the making of which neither the debtor nor any of the creditors produced evidence to enable the Board to determine the amount of debt due from the debtor;
(2) an appeal from the Board shall lie to the High Court and such appeal shall be filed within 60 days of the decision or award of the Board computed in the manner prescribed in the Indian Limitation Act, 1908, so far as applicable;
(3) no second appeal shall lie against any decision, order or award of the Board under this Act.
48. No decision or award of the Board shall be modified or set aside in appeal, except on any of the following grounds:-
(a) such decision or award was improperly procured,
(b) corruption or misconduct of the Board or any member thereof, in the conduct of the proceedings relating to such decision or award,
(c) any illegality or irregularity in the proceedings relating to such decision or award, which has occasioned failure of justice, Grounds of appeal.
30 [Act No. XII of 1952]
(d) any error of law or erroneous appreciation of evidence which was occasioned failure of justice.