State of Uttar Pradesh - Act
Rules Under the United Provided Provinces Encumbered Estates Act, 1934
UTTAR PRADESH
India
India
Rules Under the United Provided Provinces Encumbered Estates Act, 1934
Rule RULES-UNDER-THE-UNITED-PROVIDED-PROVINCES-ENCUMBERED-ESTATES-ACT-1934 of 1934
- Published on 10 August 1935
- Commenced on 10 August 1935
- [This is the version of this document from 10 August 1935.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
The Application and Determination of the Debt to be Liquidated1. [Section 4].
- A landlord applying under section 4 shall attach to his application a certified extract from the most recent knewat of all the mahals in which his landed property lies, showing the nature and extent of his proprietary rights in these mahals and whether his land is "protected" land or not.2. [Section 4].
- If the applicant is a Hindu his application must, in accordance with the second proviso to section 4(1) of the Act,-3. [Sections 4 and 49].
- If the applicant wishes the provisions of section 49 to be applied he shall state this fact in his application and shall also state whether or not he is the sole heir of deceased debtor and, if he is not, the names and addresses of the heirs who have joined with him in the application and of those who have not so joined.4. [Section 5].
- In making a report to the Board of Revenue under section 5, of the Collector, shall as far as possible state the amount of land revenue payable by the applicant in each district in which his property lies and also the names and addresses of the creditors and the amount owed to each.5. [Section 6 and 13].
- Public debts which can be collected as arrears of land revenue will not be reported by the Collector to the Special Judge. The collection of such amounts will continue as if no application had been made under the Act. Debs due to Co-operative Societies will also be collected as if the application under the Act, had been made. In order to find out whether any other public debts are outstanding against the landlord the Collector shall inform the Collector of each of the districts in which the landlord's property is situated or in which he carries on any business that he has applied under the Act and shall also inform the Director of Agriculture. He shall also inquire from the District Judge of each of these districts whether any suit has been filed by Government against the landlord and is still pending and whether any decree in favour of Government has been passed against the landlord and is still unsatisfied. Each Collector will make inquiries from the local bodies in his district regarding the landlords public debts. Public debts which cannot be collected as arrears of land revenue may be reported to the Special Judge at any time; debts due to Cooperative societies need never be so reported.6. [Section 14].
- Proceedings under this Act shall be governed by the provisions of the Code of Civil Procedure, 1908, for the time being in force, so far as they are applicable and not inconsistent with the provisions of the Act and of those rules.[Except that in proceedings under Chapter V of the Act, when a debtor or creditor who was a party to the execution proceeding dies, the Collector shall have the power to determine his legal representative and join him as party to the proceedings in place of the deceased.] [Vide Notification No. 40/1-651-41 , dated the 29th January, 1942.]7. [Section 8].
- The Commissioner shall within 30 days of their receipt forward a consolidated report based on the reports of the Collectors and Special Judges of his division along with his comments to the Board of Revenue, who shall submit a consolidated report to Government showing the working of the Act, not later than three months after the end of each quarter.8. [Section 8].
- When an application is made by the manager of any property under the superintendence of the Court of Wards the Special Judge shall, for the purposes of the proviso to section 8 (2) send a copy of the application to the landlord by registered post and the expenses of so doing shall be paid by the applicant.9. [Section 9].
- When a copy of a notice published under section 9 (2) is to be sent by registered post to every creditor named by the applicant in his statement submitted under section 8 (1) the expenses of so doing shall be paid by the applicant.10. [Section 9].
- The written statements of claims filed by creditors under section 9 shall be verified in the manner prescribed by law for the verification of plaints.11. [Section 9 and 11].
- When the Special Judge causes a copy of a notice to be published in newspaper under section 9 (2) or section 11 (1) the expenses of publication shall, if it is made under section 9 (2), be paid by the applicant and, if it is made under section 11 (1), by the applicant or by such claimant as the Special Judge may direct.12.
Save as otherwise provided in these rules every notice, summons, order or other process shall ordinarily be sent to the person concerned by registered post. If the person concerned refuses to receive it or cannot be found or, if in any case the Special Judge so directs, it shall be served, as nearly as may be in the manner provided for service of summonses in Order V of the Code of Civil Procedure, 1908, and such service shall be effected through the District Judge.13. [Section 9 and 11].
- Save as otherwise provided in these rules every process, whether sent by, registered post or according to the provisions of the Code of Civil Procedure, 1908, shall be sent at the expenses of the party on whose behalf it is issued, unless the Special Judge otherwise directs ana the necessary expenses shall be deposited within a time to be fixed by the Special Judge before the process is issued. These expenses will be reckoned as costs of the proceedings.14. [ [Section 9 and 11]. [Substituted by Notification No. 2289-11-C-657-C-58, dated July, 24, 1959.]
- Fees payable for the service of processes according to the provisions of the Code of Civil Procedure shall be the same as those prescribed for the service of similar processes issued by a Civil Court. In proceedings under this Act before the Collector, process shall be issued free of charge in the first instance, and the requisite process fee shall be realized from the compensation money and rehabilitation grant payable to the debtors-applicant under the U. P. Zaminadari Abolition and Land Reforms Act, 1950.]15. [Section 19].
- When the Special Judge sends a decree to the Collector under section 19, he shall, at the same time intimate him to the extent to which the debt to which the decree relates has been reduced under section 14, and the amount of the costs awarded against the debtor.15A.
If in a case which has already been decided and forwarded to the Collector for execution, the Special Judge restarts hearing it whether after receiving a written statement under sub-section (3) of section 9, or on an application for restoration or review, or on any other ground he shall immediately issue an order for stay of the execution proceedings and call back the records already sent to the Collector for the purpose. When orders have been passed in the subsequent proceeding and the case is decided by the Special Judge finally, he shall if necessary, prepare a fresh ranking order under section 16 incorporating all the debts decreed by him and send it to the Collector along with other records under section 19.15B.
Where a case is governed by the proviso to sub-section (2) of section 49, the Special Judge shall specify what ancestral debt is recoverable from which ancestral property in liquidation proceedings.15C. [ [Rule 15-C inserted, vide notification no. 6791/1C-210-C-54, dated December, 29, 1954.]
Where the decree holder or the judgment debtor makes an application under section 4 of the U.P Zamindars Debt Reduction Act, 1952 (U.P. Act XV of 1953) the Special Judge shall immediately issue an order for stay of the execution proceedings and send for the record of the case for reducing the amount of debt in accordance with the provisions of the said Act.]Chapter II
16. to 29.
(Relating to the value of the debtors property) [* * *] [Deleted vide Notification No. 6791/1C-210-C-54, dated December 29, 1954.]Chapter III
Liquidation of Private Debts
30. [Sections 19, 22 and 7].
- When the Special Judge's report is received under section 19, the Collector shall summon the landlord and ask him whether he intends to pay any portion of the debt under section 22. If in order to do so the landlord wishes to sell any of his property the Collector shall not sanction the sale under section 7, unless he considers that the price obtained is a fair one and unless the whole of the sale price is deposited in his court.See also rules 83 and 84.31. [ [Section 22, 23]. [Rules 31 and 32 recast, vide Notification No. 6791/1C-210-C-54, dated December 29, 1954.]
- On the expiry of the period of two months prescribed under section 22, the Collector shall require the Compensation Officer and the Rehabilitation Grants Officer as may be necessary to place at his disposal the amount of compensation money and rehabilitation grants payable to the debtor landlord in respect of his proprietary reported by the Special Judge. He shall expend the amounts so received in liquidation of the debt of the debtor-landlord in accordance with the provisions of section 23-B of the Act, and the balance, if any, shall be refunded to him.32.
The relevant provisions of Schedule ill of the Code of Civil Procedure and the rules framed under Notification No. 2808/1-228-B(40)-1939, dated October 11, 1945, and No. 70/1, dated February 11, 1946, as amended from time to time relating to sale of land shall apply to sales of proprietary rights in land in the urban areas mentioned in sub-section (1) of section 24.]33.
[Deleted]33A. [ [Section 24 and 16]. [Rule 33-A inserted, vide Notification no. 6791/1-C-210 C-54, dated December 29, 1954.]
- Any amount realized by the Collector by sale under section 24 shall be expended by him in discharging the debts of the debtor landlord in order of priority under section 16 of the Act.]33B. [ [Section 22 and 24]. [Rule 33-B inserted, vide Notification no. 6791/1C-210-54, dated December 29, 1954.]
- (i) The Collector shall prepare the liquidation award showing the amount by which the debts of debtor-landlord have been reduced by the Special Judge and the details of the amounts received and expended under sections 22 to 24 in the liquidation of his debts.34. to 54.
[* * *] [Deleted vide Notification No. 6791/1C-210-C-54, dated December 29, 1954.]54A.
[Deleted].54B.
Bonds to be given to creditors will be issued to the Collector from the Public Debt Office of the Reserve Bank of India on an indent in the prescribed form signed by the Collector and bearing the seal of the Collector's Court.54C.
Indents for bonds shall not be forwarded by the Collector, nor shall the transfer of any of the debtor's property in accordance with the Final Liquidation Award be effected until the period of limitation for an appeal against the award has expired and any such appeal or any proceeding in revision has been decided. On the expiration of two months from the date of his Final Award, the Collector shall enquire from the Commissioner, whether any appeal has been filed. If no appeal has been filed, he shall forward the indent for bonds and take steps to transfer shares in accordance with his award. If an appeal has been filed he shall wait till it is decided, and four months after the decision of the appeal he shall enquire from the Board of Revenue if any revision is pending with the Board. If no such revision is pending he shall forward the indent for bonds and take steps to transfer shares in accordance with the award as modified by the appellate court. If, on the other hand, any revision is pending, he shall wait till the revision has been decided. Whereafter he shall take necessary steps for the indenting of bonds and transfer of shares in accordance with the award as finally modified.54D.
Creditors will be entitled to receive interest on the bonds given to them from the date of declaration of the Collector's final award under rule 54-A. While indenting for bonds the Collector shall intimate the date of his final award in each case to enable the Public Debt Office to enforce the bond or bonds to be issued accordingly.54E. to 54F.
[* * *] [Deleted vide Notification No 6791/1C-210-C-54, dated December, 29, 1954.]Chapter IV
Liquidation of Public Debts
55. [Section 21].
- Public debts which are decreed by the Special Judge shall be included in the total to be liquidated under Chapter III.56.
Any public debt not reported to the Special Judge by the Collector shall not be taken into consideration in proceedings for the liquidation of the debts of the debtor landlord under the Act.57. to 58.
[* * *] [Deleted vide Notification no. 6791/1C-210-C-54, dated December 29, 1954.]Chapter V
59. to 69. 'Collection of the instalment'
[* * * *] [Deleted vide Notification no. 6791/1C-210-C-54, dated December 29, 1954.]Chapter VI
70. to 82. Liquidation by Mortgage
[* * *] [Deleted vide Notification no. 6791/1C-210-C-54, dated December 29, 1954.]Chapter VII
Miscellaneous
83. [Section 7].
- The Collector shall not sanction, any transfer or lease under sub-section (2) of section 7 if he considers that it is against the interest of the creditors.84.
Before the liquidation scheme has been completed, the Collector shall sanction on transfer of property under sub-section (3) of section 7 which will prejudice the interest or the creditors collectively or individually.85.
[* * *] [Deleted vide Notification no. 6791/1C-210-C-54, dated December 29, 1954.]86. [ [Substituted by Notification No. 34-1 (130)-68-1C, dated April 30, 1971, Published in U.P. Gazette Part 1-Kha, dated 8th May 1971, retrospectively w.e.f., 20.5.1949.]
87. to 88.
[* * *] [Deleted vide Notification No. 2581/1-89-1941.]89. [Section 54 (i)].
- If the Collector considers that it is desirable to confer enhanced powers on any Assistant Collector he should apply accordingly to Government through the Commissioner.90. [Section 58].
- On receipt of the report of the Special Judge under section 19, the Collector shall if the land revenue (without deducting the remissions for the fall in prices) payable by the debtors in any other district is greater than the land revenue payable by him in the district in which the application under section 4 was made, refer the case to the Board of Revenue for orders whether he should proceed with liquidation himself or whether the case will be transferred to another district.91.
[* * *] [Deleted vide Notification No. 6791/1C-210-C-54, dated December 29, 1954.]92. [Sections 30 and 31].
- The interest due on a bond shall be payable to the person legally in possession of it on the presentation of the bond at the headquarters treasury of the district, the Collector of which passed orders for liquidation, or at such other treasury as may ordered by the Government.93. [Section 14(7) 54(1)].
- For the purposes of awarding cost under subsection (7) of section 14 of the Act in respect of a claim decided by the Special Judge, legal practitioner's fees shall be taxable at the rate prescribed of the taxation of legal practitioners fees in suits by the General Rules (Civil) of the High Court of Judicature at Allahabad or the Oudh Civil Rules, as the case may be.94. [ [Rule 94 inserted Notification No. 6781/1C-210-C-54, dated December 29, 1954.]
95. [ [Inserted by Notification No. 67991/1C-210-C-54, dated December 29, 1954.]
1. [ The following rules contain detailed instructions for the guidance of the officers administering the Encumbered Estates Act, 1934, as amended by the Encumbered Estates (Amendment) Acts, 1935 and 1954, but it is essential that all officers should fully understand the principles which must be followed if the objects of the Act are to be attained. The object is the liquidation of excessive indebtedness in the context of the circumstances created by the abolition of Zamindari system. It is clear that the sooner debts are liquidated the better every efforts should, therefore, be made to expedite proceedings both in the Court of the Collector and in that of the Special Judge.
2. Commissioner are responsible for the prompt disposal of the cases. The Land Reforms Commissioner should however, ensure that the Collectors realised all amount due to the State Government under sections 27 and 28 of the U.P. Encumbered Estates Act by effecting deductions through the compensation and rehabilitation grant payable to the debtor ex-intermediaries, without prejudice to any other mode of recovery provided therefor.
3. The powers of a Collector under the Act have been extended to Sub-divisional Officers, as it is very essential that these officers should deal with the cases of their own sub-division. This has been done to expedite the disposal of the cases as much as possible.
4. On January 15, April 15, July 15 and October 15, of each year the Collector shall submit to the Commissioner a report on the working of the Act in the quarter ending 15 days before each of these dates. This report, besides dealing with any difficulties that may have arisen in the working of the Act, will contain the following statistics :
5. On January 10, April 10, July 10 and October 10, the Special Judge shall submit to the Collector a return showing the number of cases from his district pending at the beginning of the previous quarter, the number received from the Collector and the number returned to the Collector during the quarters and the balance outstanding in his court at the end of the quarter, with the dates on which the two oldest cases pending with him were received from the Collector, and the reason for the delay, if any, in deciding them. The Collector shall forward this report to the Commissioner along with his own report.
6. The Commissioner shall within 30 days of their receipt forward a consolidated report based on the reports of the Collectors and Special Judges of his division along with his comments to the Board of Revenue who shall submit a consolidated report to Government showing the working of the Act, not later than three months after the end of each quarter.
7. The Board of Revenue may prescribe the registers and forms in which the statistics contained in the reports of the Collector and the Special Judge are to be tabulated and submitted.
8. Difficulties experienced in the working of the Act or defects in these rules, may be reported by the Collectors or Special Judges to Government in the Revenue Department through Commissioners and Board of Revenue any time and if they are serious, will be so reported immediately. The Board will refer to Government any difficulties or defects which in their opinion require the orders of Government.] [Instructions as above from 1-8 substituted for the previous instructions 1-59, vide G O. No. 5570/1C, dated September 23, 1957.]
[Instructions for the collection of dues from Debtor-Landlords under the U.P. Encumbered Estates Act, 1934 as amended] [Substituted by G.O. No. 5570/I.C.335-C-51, dated September 23, 1957.]1. The dues should be divided in the following two categories :
2. The bonds will bear interest at the rate of 3¼ per cent per annum from the date enfaced thereon. The date of enfacement will be the date on which the liquidation award is declared final by the Collector (vide rule 54-D) and specified in column 1 of Form I attached to these instructions.
Interest will be payable half-yearly on August 20, and February 20, and will be liable to income tax. The whole of the interest due on a bond from the date of its enfacement will be payable on presentation on the first date for the half-yearly payment of interest which falls next after the delivery of the bond to the creditor.3. Interest will be paid at the General Treasury at Fort Willam or at Bombay, Delhi or Madras or at any treasury in the United Provinces for which the bond is enfaced for payment of interest in the manner laid down in the Government Securities Manual.
The first enfacement of the bonds will be effected by the Public Debt Office, Delhi, and subsequent enfacement or cancellations thereof will be governed by the provisions of the Government Securities Manual.4. The bonds will be repaid at par within a period which shall not exceed 20 years from the date of issue, but the Government reserve to themselves the rights to pay at any time to the holder of any bond the whole amount due thereon. The Government will decide, at suitable interval, probably every six months, what amount, if any, available for the redemption of the bonds. They will inform the Public Debt Office, Delhi of this amount not later than two months before the proposed date of redemption. The Public Debt Office will arrange as soon as possible for the drawing if lots and will on the completion of drawings, send a list of bonds drawn and to be redeemed to the Finance Secretary to Government, United Provinces so as to reach him at least five weeks before the prescribed date of redemption. The list will show the names of the treasuries at which the bonds stand enfaced. The Finance Secretary will cause this list to be published in the United Provinces Gazette and in one or more important English and vernacular newspapers circulating in the areas comprising the treasuries which the bonds are enfaced. for payment of interest, and will, at the same time, send a notice of discharge to the treasuries concerned and also to the Public Debt office not later than one month before the date of redemption.
The procedure laid down in Chapter VII of the Government Securities Manual will be followed at the treasuries as regards the payment of the principal amount of the bonds. The discharged bonds should as in the case of other United Provinces Government Securities be forwarded to the Public Debt Office, Delhi, through the Accountant General, United Provinces.5.
6. The Public Debt Office will forward the bonds to the Treasury Officer concerned with a covering schedule in duplicate in Form II. One copy of the schedule will be retained by the Treasury Officer and the duplicate returned by return of post to the Public Debt Office, Delhi, with the acknowledgement of the Treasury Officer after the contents have been checked with the particulars entered therein.
The Public Debt Office will not despatch bonds so as to reach the Treasury Officer after the 26th of any month, but detain them until the beginning of the next month.7. On receipt of the bonds from the public Debt Office, the Treasury Officer will enter the particulars thereof in his register (Form III), sign the register in column 16 and promptly inform the Collector of their receipt. The bonds will be placed in the double lock cover until handed over to the creditors in accordance with the following instructions :
As far as possible bonds received during a month from Public Debt Office should be distributed to the creditors in the same month.8.
8.
-A. (i) If after the period of one year from the date of intimation to the creditors as provided in paragraph 8, any bond remains undelivered to or unclaimed by him, the Treasury Officer shall after entering the particulars of the bonds in the Register of Undelivered United Provinces Encumbered Estates Act Bonds (Form V), return it to the Public Debt Office with a covering schedule containing full particulars thereof and also inform the Liquidation Officer of the action taken by him. In doing so, he shall furnish sufficient particulars of the bonds to enable the liquidation officer to make necessary entries in the relevant file. The serial number of entry in the above register should be recorded by the Treasury Officer on the face of each bond as well as in the covering Schedule to facilitate future reference. At the Public Debt Office the bonds will be transferred to the unclaimed notes account and kept in the personal custody of the officer incharge after full particulars thereof have been noted in the Banks' "Register of Unclaimed Securities etc.".| (iv) On receipt of the certificate of title the claimant shall make an application to the| Treasury officerReserve Bank of India| on the following form : |
| Sl. No. | Name of the creditor | Serial number of bond lying undelivered | Value of the bond | Date of inforcement of the bond | Date of return of the bond to P.D.O. | Remarks |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
| TOTAL : |
9. The procedure prescribed in the Government Securities Manual will be followed in so far as it applies to renewals, consolidation and subdivisions of bonds subject to the requirement that the bonds so issued shall be in denominations specified in paragraph 5 (i).
Form IRequisition for scrip of 3¼ per cent. United Provinces Encumbered Estates Act BondsIndent No. ..................Dated.......................| Number and date of declaration of final award | Name of the Creditors | Number of bonds of each denomination required | Total value of bonds | Where to be enfaced for payment of interest | ||||
| Rs.100, | Rs.500, | Rs.1,000, | Rs.5,000, | Rs.20,000, | ||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
| Date of receipt at the Public Debt Office,Calcutta | Serial numbers of bonds issue | Total value of bonds | Number of forwarding schedule in Form II to theTreasury officer | Date of receipt of Treasury Officeracknowledgment | ||||
| Rs.100, | Rs.500, | Rs.1,000, | Rs.5,000, | Rs.20,000, | ||||
| 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 |
| Number and date of indent | Serial number in guard book | Number of bonds of each denomination from whichindent was made | Signature of Treasury officer | ||||
| Rs.100, | Rs.500, | Rs.1,000, | Rs.5,000, | Rs.20,000, | |||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| Date of receipt of bonds from Public Debt Office,Calcutta | Serial numbers of bonds | Signature of Treasury officer | Date of making over bonds to Collector | Signature of Collector in token of receipt | ||||
| Rs.100, | Rs.500, | Rs.1,000, | Rs.5,000, | Rs.20,000, | ||||
| 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 |
| Serial No. in the register of applications underEncumbered Estates Act | No. and date of a ward | Date of despatch of indent to Treasury officer | Number of notes of each denomination from whichindent is seen | |||||
| Rs.100 | Rs.500 | Rs.1,000 | Rs.5,000 | Rs.20,000 | ||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
| Indent No. 1 | ||||||||
| Total | ||||||||
| Indent No. 2 |
| Total value of bonds | Treasury at which interest will be payable | Date of receipt of bonds from Treasury officer | Serial number of bonds | ||||
| Rs.100 | Rs.500 | Rs.1,000 | Rs.5,000 | Rs.20,000 | |||
| 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 |
| Indent No. 1 | |||||||
| Total | |||||||
| Indent No. 2 |
| Total | Date of delivery of bonds to the creditor | Signature of creditor in token of receipt ofbonds | Signature of Officer who delivered the bonds | Remarks |
| 18 | 19 | 20 | 21 | 22 |
| Indent No. 1 | ||||
| Total | ||||
| Indent No. 2 |
| Serial Number | Serial Number of guard book | name of the creditor | Serial number of bonds undelivered to thecreditor | Total value of bonds | Date of enfacement of bonds | Date of receipt from the Public Debt Office | Date of return of the bond to the Public DebtOffice | Remarks | ||||
| Rs.100 | Rs.500 | Rs.1,000 | Rs.5,000 | Rs.20,000 | ||||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 |