Section 12A(5) in The Chota Nagpur Encumbered Estates Act, 1876
(5)If the Deputy Commissioner is satisfied, after making such an inquiry, that such holder has made or attempted to make any alienation or charge in contravention of sub-section (1), he may make a report to the Commissioner, setting forth the result of the inquiry and showing all debts and liabilities to which such holder is subject, and requesting that the provisions of this Act be re-applied to his case; and the Commissioner may, with the previous consent of the [State] [Substituted by the A.O. for 'Calcutta Gazette'.] Government (to be obtained through the Board or Revenue), publish a fresh order under section 2, re-appointing a Manager and vesting to him the management of the whole or any portion of the property of such holder:Provided as follows-Firstly, if the said holder petitions the Commissioner, while the said inquiry is being made, to postpone, until the petitioner has been heard, the passing of orders of any request that the Deputy Commissioner may make for re-applying the provisions of this Act to his case, and if 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 the said holder 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.]Government to the re-application of the provision 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.
