Section 14 in The Bombay Inams (Kutch Area) Abolition Act, 1958
14. Rights of creditor to claim payment of secured debt from compensation.
(1)Every creditor of an inamdar or holder of a sub-inam shall be entitled to claim payment of the secured debt, in whole or in part out of the amount due to the inamdar or holder of a sub-inam as compensation under section 12 or 13.(2)Such creditor shall, within [such period not later than the [31st March, 1967] [These words, figures and letters were substituted for the words 'the prescribed period' by Gujarat 23 of 1965. section 3, Schedule] as may be prescribed) notify to the Collector his claim in the prescribed form and shall when required to do so by the Collector produce before the Collector all documents on which he founds his claim.(3)[ Notwithstanding the expiry of the period prescribed under sub-section (2) the claim may be notified by a creditor under sub-section (2) before the end of September, 1968] [New sub-section (3) was inserted by Gujarat 10 of 1967, section 4.].(4)[ Notwithstanding the expiry of the period specified in sub-section (3) the claim may be notified by a creditor under sub-section (2) before the end of September 1969] [Sub-section (4) was inserted by Gujarat 8 of 1969, section 4.].(5)[ Notwithstanding the expiry of the period specified in sub-section (4), the claim may be notified by a creditor under sub-section (2) before the end of December, 1994.] [Sub-section (5) inserted by Gujarat 19 of 1994, dated 13th September 1994][[15. Method of awarding compensation and payments of claims of creditors. [See Gujarat 44 of 1961, section 2 read with Schedule.](1)Any inamdar or holder of a sub-inam entitled to compensation under section 12 or 13 shall within the prescribed period apply in writing to the Collector for the determination of the amount of compensation payable to him under the said section.](2)On receipt of an application under sub-section (1) the Collector shall after making a formal inquiry in the manner provided by the Code, determine the amount of compensation.(3)If the Collector has received any claim from any creditor of the inamdar or holder of a sub-inam under section 14, then subject to the provisions of sub-sections (4) and (5) he shall after holding a similar inquiry determine the amount of such claim.(4)Where any such claim involves a question of law regarding-(a)validity of the claim, or(b)the amount due in respect of such claim, or(c)the right of the creditor to such claim, or(d)where there are two or more such creditors, the order of priority of such claims, the Collector shall in the prescribed manner refer such question for decision to the subordinate Judge within the territorial limits of whose jurisdiction the land is situate.(5)On receipt of such references, the subordinate Judge shall, after given notice to the parties concerned,, try the question referred to and record his findings thereon and send same to the Collector. The Collector shall then determine the claim in accordance with such findings.(6)Out of the amount of compensation determined under sub-section (2), the amount of any claim determined under sub-section (3) or (5) shall be paid to the creditor first and the balance, if any, shall be paid to the inamdar or, as the case may be, to the holder of the sub-inam:Provided that where there are more creditors than one, the payment to them shall be made in the order of priority or pro rata, as the case may be.(7)If there are co-shares., the Collector shall apportion the amount payable to the inamdar or the holder of the sub-inam under sub-section (6) between such co-shares.(8)The Collector shall make an award in terms of the decision taken by him under the foregoing provisions of this section.(9)Nothing in the foregoing provisions of this section shall affect the right of a creditor to proceed against the inmadar or the holder of a sub-inam for the satisfaction of the secured debts in any other manner or under any other law for the time being in force.][[16. Method of awarding compensation for abolition etc., of rights of other persons in property. [See Gujarat 44 of 1961, section 2 read with Schedule.](1)If any person is aggrieved by the provisions of this Act, as abolishing, extinguishing or modifying any of his rights to or interest in property, and if compensation for such abolition, extinguishment or modification has not been proved for in the foregoing provisions of this Act, such person may apply to the Collector for compensation.](2)The application under sub-section (1) shall be made to the Collector in the prescribed form, within the prescribed period. The Collector shall, after holding a formal inquiry in the manner provided by the Code, make an award determining the compensation in the manner and according to the method provided in section 23 and section 24 of the Land Acquisition Act, 1894 (1 of 1894).(3)Nothing in this section shall entitle any person to compensation on the ground that any inam land, which was wholly or partially exempt from payment of land revenue, has been under the provisions of this Act subject to the payment of full assessment in accordance with the provisions of the Code.]
