Section 12 in Chota Nagpur Encumbered Estates Act, 1876
12. Restoration of owner to his property. - [When all the debts and liabilities mentioned in the schedule referred to in Section 11, and the amount of any loan, [effected under the power conferred by clause (c) of Section 18] together with the interest (if any) due thereon, have been paid and discharged]
[or if the Commissioner, at any time before a scheme has been approved by him under Section [11 A], think that the provisions of this Act should not continue to apply to the case of the holder of the said property or his heir, [or if after a scheme has been so approved a direction is made under Section 11B for the relinquishment of the management of the property],[or if any time an arrangement is made for the satisfaction of the debts and liabilities which he accepted by the creditors and approved by the Commissioner]such holder or his heir shall be restored to the possession and enjoyment of the property, or of such part thereof as has not been soled by the Manager under the power contained in Section 18, but subject to the leases and mortgages (if any) granted and made by the Manager under the powers hereinafter contained;[Provided that, where a fresh order has been made under Section 2, in pursuance of section 12 A, sub-section (5) reappointing a Manager and vesting in him the management of the whole or any portion of the property of any holder, such property shall not be restored to such holder, but shall be retained by the Manager for restoration to the heir of such holder in due course.]Restoration to be notified Revival of barred proceedings and debts. Reinstatement of mortgages. - Where the holder of the property or his heir is so restored under the circumstances mentioned in the second clause of this section such restoration shall be notified in the, [Official Gazette]: and thereupon the proceedings, processes, executions, any attachments mentioned in Section 3 (so far they relate to debts and liabilities which the Manager has not paid off or compromised), and the debts and liabilities barred by Section 7, shall be revived; and any mortgage or conditional vendee dispossessed under section 16 shall be reinstated, unless his claim under the mortgage or conditional sale has been satisfied;Period of limitation as to revived proceedings and debts. - And in calculating the periods of limitation applicable to such revived proceedings, and to suits to recover and enforce such revived debts and liabilities, the time intervening between such restoration and the publication of the order mentioned in Section 2, [or the making of the order (if any) mentioned in section 2-B shall be excluded.][12A. Continuance of disabilities after restoration of property to owner. - (1) When the possession and enjoyment of property is restored, under the circumstances mentioned in the first or the third clause of Section 12, to the person who was the holder of such property when application under Section 2 was made, such person shall not be competent without the previous sanction of Commissioner,-](a)to alienate such property, or any part thereof, in any way; or(b)to create any charge thereon extending beyond his lifetime.(2)If the Commissioner refuses to sanction any such alienation or charge, an appeal shall lie to the Board of Revenue, whose decision shall be final.(3)Every alienation and charge made or attempt in contravention of subsection (1) shall be void.(4)The Deputy Commissioner may at any time, either of his own motion or on the application of any person interested make an enquiry, to ascertain whether any holder of property who is referred to in sub-section (1) has made or attempted to make any alienation on charge in contravention of that sub-section and shall consider and place on record all representations (if any) made by such holder and by the person in whose favour such alienation or charge is alleged to have been made.(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] 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]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.(6)No suit shall be brought to charge any person to whom property is restored under the circumstances mentioned in the first or third clause of Section 12. -(i)upon any promise, made after such restoration, to pay any debt contracted while the management of the property was vested in the Manager, or(ii)upon any ratification, made after such restoration, of any promise or contract made while the management of the property was vested in the Manager, whether or not there be any new consideration for such promise or ratification.V-Powers of Manager
