35A. [ Claims of widow-jiwaidars. [This section was inserted, by Saurashtra Act No. II of 1954.]
(1)Every widow-jiwaidar, who is entitled to get any maintenance allowance in ascertained sum from any Girasdar during her life time, may submit her claim for maintenance to the Mamlatdar in the prescribed manner.(2)Every jiwaidar submitting her claim in compliance with the provisions of- sub-section (1), shall furnish alongwith her written statement of claim, full particulars thereof and shall, within such time as the Mamlatdar may appoint, produce all documents which are in her possession, powers or control (including entries in books of accounts) on which she relies to support her claim, together with a true copy of every such document.(3)After hearing the parties and making such inquiries as may be necessary, the Mamlatdar may, if he is satisfied that the amount of maintenance allowance was fixed -(a)by a decree of a competent Civil Court, or(b)by the orders of a competent authority of the late Western India States Agency or the Western India States Region or any Covenanting State or merged Taluka, or(c)by a written agreement of the parties, and was paid immediately before 1st January, 1948, pass an order directing that-(i)the amount which the Mamlatdar may find as payable by the Girasdar to the jiwaidar before the date of his order shall be paid from the amount of compensations payable to the Girasdar under sub-section (1) of section 33:Provided that where the amount of compensation has already been withdrawn by the Girasdar under sub-section (1) of section 33 or no such compensation is payable to the Girasdar under the provisions of sub-section (1) of section 35, the Mamlatdar may order that the amount of maintenance allowance which he may find as payable to the Jiwaidar before the date of his order shall be paid in such instalments as may be fixed by him from the amount of compensation payable annually to the Girasdar by the Government under subsection (2) of section 33 or sub-section (2) of section 35, as the case may be;(ii)the amount of maintenance allowance accruing due to the jiwaidar after the date of his order shall be paid to her every year from the amount of compensation payable annually to the Girasdar by the Government under sub-section (2) of section 33 or sub-section (2) of section 35, as the case may be.(4)The claim of the jiwaidar determined under subjection (3) shall have priority over any secured debt of any creditor of the Girasdar.(5)If in any case a Mamlatdar is satisfied that any person claiming maintenance allowance under this section is not a "Jiwaidar" as defined in the Explanation to this section, he may order that she may seek redress in a competent Civil Court.Explanation. - For the purposes of the section "Jiwaidar" means a widow of the family of a Girasdar, who is entitled to get from the Girasdar maintenance allowance fixed in the manner shown in clause (a), (6) or (c) in subsection (3) of this section.] [This proviso was added, by Saurashtra Act No. XV of 1952.]
