Section 2 in The Chota Nagpur Encumbered Estates Act, 1876
2. Power to vest management of property in an officer appointed by Commissioner.
- Whenever any holder of immovable property, or (when such holder is a minor, or of unsound mind, or an idiot) his guardian, committee or other legal curator, or the person who would be heir to such holder if he died intestate, or (when such person is a minor, or of unsound mind, or an idiot) his Guardian, committee or other legal curator,[or the Deputy Commissioner within whose jurisdiction any such property belonging to such holder is situate, when-] [Substituted by Ben. Act 3 of 1909.](i)attachment has been made of, ora proclamation has been issued for the sale of, such property or any portion thereof, execution of a decree or order of a Civil Court or a Revenue Court, or(ii)such Deputy Commissioner is satisfied, after making such inquiry as he may think fit, and after considering and placing on record all representations (if any) made by such holder, that such holder has entered upon a course of wasteful extravagance likely to dissipate his property, applies in writing to the Commissioner, stating that the holder of the said property is subject to, or that his said property is charged with, debts or liabilities other than debts due, or liabilities incurred, to the [Government] [Substituted by A.L.O. for 'Crown'.] and requesting that the provisions of this Act be applied to his case, the Commissioner may, with the previous consent of the [State] [Substituted by A.L.O. for 'Crown'.] Government [to be obtained through the Board of Revenue by order] [Inserted by Ben. Act 3 of 1909.] published in the [Official Gazette] [Substituted by A.O. for 'Calcutta Gazette'.], appoint an officer (hereinafter called the Manager) and vest in him the management of the whole or any portion of the immovable property of or to which the said holder is then possessed or entitled in his own right, or which he is entitled to redeem, or which may be acquired by or devolve on him or his heir, during the continuance of such management:[Provided as follows-] [Inserted by Bengal Act 3 of 1909.]Firstly, if any holder referred to in clause (ii) of this section petitions the Commissioner, while the inquiry referred to in that clause is being made, to postpone, until the petitioner has been heard, the passing of orders on any request that the Deputy Commissioner may make for applying the provisions of this Act to his case,And if a request as aforesaid be made by the Deputy Commissioner, the Commissioner shall appoint a day for hearing the petitioner; and if he appears, either in person or by agent, on the day so appointed, and on the subsequent day (if any) to which the hearing is adjourned, the Commissioner shall not pass any order in the matter until he has been heard;Secondly, if any holder referred to in clause (ii) of this section petitions the Board of Revenue, while any proceedings are pending before the Commissioner under proviso first, to postpone, until the petitioner has been heard, the passing of orders on any request that the Commissioner may make for the consent of the [State] [Substituted by A.L.O. for 'Crown'.] Government to the application of the provisions of this Act to his case, and if a request as aforesaid be made by the Commissioner, the Board of Revenue shall appoint a day for hearing the petitioner; and if he appears, either in person or by agent, on the day so appointed, and on the subsequent day (if any) to which the hearing is adjourned, the Board shall not pass any order in the matter until he has been heard;Thirdly, the consent of the [State] [Substituted by A.L.O. for 'Crown'.] Government shall not be given in the case of any holder referred to in clause (ii) of this section unless either-such holder belongs to a family of political or social importance, or the [State] [Substituted by A.L.O. for 'Crown'.] Government is satisfied that it is desirable, in the interests of the tenants of such holder, that such consent be given.[Every application under this section must state-(a)the particulars of the debts and liabilities as aforesaid to which the said holder is subject or with which is immovable property is charged; and(b)the particulars of the immovable property of or to which he is then possessed or entitled in his own right or which he is entitled to redeem.Every such application must, except when it is made by a Deputy Commissioner, be verified by the applicant or by some other competent person in the manner required by law for the verification of plaints; and, if it contains any averment which the person making the verification knows or believes to be false evidence within the meaning of the Indian Penal Code.] [Inserted by Bengal Act 3 of 1909]
