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Uttar Pradesh · 1934 · Bare Act

THE UNITED PROVINCES ENCUMBERED ESTATES ACT, 1934

THE UNITED PROVINCES ENCUMBERED

ESTATES ACT, 1934

(U.P. Act No. XXV of 1934)

THE UNITED PROVINCES ENCUMBERED ESTATES
ACT, 19341

(U. P. ACT No. XXV OF 1934)
Amended by

U. P. Act no. IV of 1935
U. P. Act no. XI of 1939
U. P. Act no. II of 1940
U. P. Act no. X of 1943
U. P. Act no. IV of 1946
U. P. Act no. XIII of 1954

Adapted and modified by the Government of India
(Adaptation of Indian Laws) Order, 1937.

Adapted and modified by the Adaptation of Laws Order,
1950.

[Received the assent of the Governor on January 15, 1935,
and of the Governor General on April 10, 1935, and was
2[published under section 81 of the Government of India Act on
April 27, 1935.]

ACT

to provide for the relief of Encumbered Estates United Provinces

WHEREAS it is expedient to provide for the relief of Encumbered
Estates in the United Provinces and whereas the previous sanction of
the Governor General under section 80-A of the Government of India
Act has been obtained to the passing of the Act ;

It is hereby enacted as follows ;

CHAPTER-1
PRELIMINARY

Short title,
extent and
Commencement

1. (1) This Act may be called the United Provinces Encumbered

Estates act, 1934.

(2) It extends to the whole of 3[Uttar Pradesh]4[* * *] except the

districts of Garhwal and Almora, the Naini Tal Tahsil of the Naini Tal

District and the tract of JaunsarBawar of the Dehra Dun District.

(3) (a) This chapter and Chapter III shall come into force on

such date5 as may be notified in the 6[official Gazette] by the 7[State

Government] in that behalf.

——————————————————————————————————————————
1. For S. O. R. see Gaz. Extra., d. March 29, 1934, p. 15; for R. S. Com., see ibid., d. June 15, 1934, pp. 1—

54; for discussion, see L. C. Pro., d. April 9 and 112, and June 23, 1934, in Vol. LXIII, pp. 93—136 and
581, 584, respectively, d. November 15, 16, 19, 20, 26, 7, 28, 29, 30, and Dec. 1 and 3, 1934, in Vol.
LXVI, pp. 314—335, 358—408, 420—476, 47—541, 548, 579, 586—612, 620, 663, 666—698, 700—746,
748—80 and 819—873, respectively, and December 7 and 8, 1934, in Vol. LXIV, pp. 145—159 and 165
220, respectively.

2. See Gaz. 1935, Pt. VII, pp. 31–41.
3.Subs. by the A. O. 1950 for (the United Provinces).
4. The words (of Agra and Oudh) omit. byibid.
5. All the chapters of this Act came into force on April 30, 1935 (see not. no. 329, Rev., d. April 27, 1935, in

Gaz., 1935. Pt. VIII, pp. 100.)
6. Subs. for “Gaz.”By A. O. 1937.
7. Subs. by the A. O. 1959 for [Provl.Govt.]which had been subs. by the A. O. 1937 for (L. G.).

[The United Provinces Encumbered Estates Act, 1934]

(b) The remaining chapters shall come into force on the expiry

of a period of one year from the date notified under the provisions of

clause (a) :

Provided that the 1[State Government] may from time to time by

notification in the 2[official Gazette] bring the said chapters into effect

in any district or districts on any earlier date or dates.

2. In this Act unless there is anything repugnant in the subject

or context :

(a) “debt” includes any pecuniary liability except a liability for

unliquidated damages ;

(b) “private debt” means any debt other than a public debt ;

Definitions

a local authority ;

(d) “land” means a share of or interest in a mahal in 5[Uttar

Pradesh]but does not include the interest of a mortgagee or thekadar

or an assignment of land revenue unless it is transferable and

perpetual ;

(e) 6[ * * * ]

(f) “mahal” has the same meaning as in sub-section (4) of

section 4 of the Land Revenue Act, 1901 ;

(g) “landlord” means a proprietor of a mahalor of a share of or

interest in a mahal and includes an ubaridar, an under proprietor or a

sub-proprietor and a proprietor of specific plots, but does not include a

mortgagee or a thekadar :

Provided that no person shall be deemed to be a landlord, if his

land is assessed to less than a local rate of one rupee under

section 109 of the District Boards Act, 1922.

(h) 7[ * * * ]

(i) 7[ * * * ]

(j) 7[ * * * ]

(k) 7[ * * * ]

——————————————————————————————————————————
1. Subs. by the A. O. 1959 for [Provl.Govt.]which had been subs. by the A. O. 1937 for (L. G.).

2. Subs. for “Gaz.”By A. O. 1937.

3. Subs. for “debt due to Government” by A. O. 1937.

4. Subs. by the A. O. 1950 for [crown].

5. Subs. by the A. O. 1950 for [Provl.Govt.].

6. Omit. by s. 2 (i) of U. P. Act XIII of 1954.
7. Omit by s. 2 (i) of U.P. Act XIII of 1954.

[The United Provinces Encumbered Estates Act, 1934]

(l) 1[ * * * ]

(m) 1[ * * * ]

2[(n) a reference to ‘proprietary rights in land’ shall include a
reference to compensation and rehabilitation grant payable under and
in accordance with the U. P. Zamindari Abolition and Land Reforms
Act, 1950, and

(o) the expressions ‘compensation’ and ‘rehabilitation grants’
shall mean the compensation or as the case may be, the rehabilitation
grant payable under the U. P. Zamindari Abolition and Land Reforms
Act, 1950, and includes in the case of compensation, interim
compensation payable under section 29 of the said Act.]2

CHAPTER-II

APPOINTMENT OF OFFICERS

Appointment
and removal
of Special
Judge

3. (1) The 3[State Government] may appoint any civil judicial
officer to be a Special Judge of the first or second grade for any local
area and such Special Judge shall, subject to the orders of
Government as regards the area and extent of his jurisdiction to
exercise the powers conferred, and perform the duties imposed, on him by
this Act.

(2)3[The State Government] may suspend or remove any Special
Judge so appointed.

CHAPTER-III

THE APPLICATION

Application
for benefit of
Act and time
within which
it may be
made

4. (1) At any time within one year after the date on which this

chapter comes into force any landlord who is subject to or whose

immovable property or any part thereof is encumbered with private

debts, may make an application in writing to the Collector of the

district in which his land or any portion of his land is situated stating

the amount of such private debts and also of his public debts both

decreed and undecreed and requesting that the provisions of this Act

be applied to him :

Provided that when the property of any landlord is under the

superintendence of the Court of Wards any application under this

section shall be made by the manager of his property and, when any

landlord is by reason of personal incapacity disqualified from

instituting any proceeding in a civil court, an application under this

section may be made on his behalf by his legal or natural guardian or

any person actually managing his property :

——————————————————————————————————————————
1. Omit by s. 2 (i) of U.P. Act XIII of 1954.
2. Add. by s. 2 (iii), of U. P. Act XIII of 1954.

3. Subs. by the A. O. 1959 for [Provl.Govt.]which had been subs. by the A. O. 1937 for (L. G.).

[The United Provinces Encumbered Estates Act, 1934]

Provided also that no application by a member of a joint Hindu

family shall be entertained, unless —

(a) all the members of such family join and the fact is stated in

the application, or

(b) the applicant makes in the application an express

declaration of his intention of separating from the joint family and

states the names and addresses of the remaining members of the

family and the share which the applicant would be entitled to get on

partition of the family property.

Provided also that no landlord who has been adjudicated

insolvent and has not been discharged shall apply under this section :

Provided also that if an application under this section is made

by all the heirs of a deceased debtor who are not members of a joint

Hindu family, then this fact shall be stated in the application :

Provided also that if an application under this section is made

by one or more but not by all the heirs of a deceased debtor who are

not members of a joint Hindu family then this fact shall be stated in

the application and the names and addresses of those heirs who have

not joined in the application and the shares of all the heirs in the

property inherited by them from the deceased debtor shall be

mentioned in the application.

(2) The 1[State Government] may by notification in the 2[Official

Gazette] 3[extend] the time prescribed for making applications under

this section by a further period of six months.

(3) If within three months after the date on which Chapter III of

this Act comes into force a landlord has applied for amendment of a

decree under the provisions of the United Provinces Agriculturists

Relief Act, 1934, the period from the date of his application to the date

of the final disposal thereof shall be excluded from the period within

which he may make an application under sub-sections (1) and (2) of

this section.

(4) If a landlord presents an application under this section

within a period of six months next following the last date on which an

application may be made under the provisions of sub-section (1) or (2)

of this section, as the case may be, and satisfied the Collector that he

was prevented by any sufficient cause from applying within the period

prescribed by those sub-sections, the Collector may accept the

application.

——————————————————————————————————————————
1.Subs. by the A. O. 1958 for [Provl.Govt.]which had been subs. by the A. O. 1937 for (L. G.).

2.Subs. for “Gaz.”By A. O. 1937.

3. For extending the time for application by six months, see not. no. 812—VII/I—434, D. April 1, 1936, in
Gaz. 1936, Pt. VIII, p. 97.

[The United Provinces Encumbered Estates Act, 1934]

1[(5)] If an objection is taken before the Collector or Special Judge
that the application is defective and such an objection is upheld, the
Collector or Special Judge, as the case may be, shall at the request of
the landlord amend the application in accordance with the provisions of
the Code of Civil Procedure, 1908, relating to the amendment of plaints,
and shall proceed with the case.

2[(6) No application shall be dismissed by reason only of the fact
that the applicant is a landlord by virtue of succession to or surrender
by a Hindu widow or other limited owner.]

Bar of second
application

5. No landlord who has made an application under section 4
shall be entitled to make another application to any other Collector. If
such other application is made all proceedings arising out of it shall be
void and such application shall be reported to the Board of Revenue.

Transmission
of
application
to Special
Judge

6. 3[When an application has been duly made according to the
provisions of section 4, the Collector shall forthwith pass an order that it
be forwarded to the Special judge and shall furnish the applicant free of
cost with a certified copy of the order. He shall then forward the
application to the Special Judge and shall inform him of such public
debts outstanding against the landlord as may be laid down in rules
framed by the 4[State Government] in this behalf.]3

Consequence
of
acceptance
of an
application
by the
Collector

7.5[(1) When the Collector has passed an order under section 6
the following consequences shall ensue :

(a) all proceedings pending at the date of the said order in any
civil or revenue court in 6[Uttar Pradesh] in respect of any public or
private debt to which the landlord is subject, or with which his
immovable property is encumbered, except an appeal 7 [review] or
revision against a decree or order, shall be stayed, all attachments and
other execution processes issued by any such court and then in force in
respect of any such debt shall become null and void, and no fresh
process in execution shall, except as hereinafter provided, be issued ;

(b) no fresh suit or other proceedings other than an appeal
8[review] or revision against a decree or order, or a process for ejectment
for arrears of rent shall, except as hereinafter provided, be instituted in
any civil or revenue court in 6[Uttar Pradesh] in respect of any debts

incurred before the passing of the said order 9 [but if for any reason
whatsoever such a suit or proceeding has been instituted, it shall be
deemed to be a proceeding pending at the date of the said order within
the meaning of clause (a)]

——————————————————————————————————————————
1 Add. by s. 2 of U. P. Act XI of 1939.

2 .Add by sec. 2 ibid.
3 .Subs. by s. 2 of U. P. Act IV of 1935.

4 .Subs. by the A. O. 1950 for [Provl.Govt.]which had been subs. by the A. O. 1937 for (L. G.).

5. Ins. by s. 3 of U.P. Act IV of 1935.
6 Subs. by the A. O. 1950 for the United Provinces.

7 Ins. by the s. 3 of U. P. Act XI of 1939.

8. Ins. by the sec. 3 of U.P. Act XI of 1939.
9 Add. by s. 4., ibid.

[The United Provinces Encumbered Estates Act, 1934]

Provided that when a landlord has executed anusufructuary
mortgage in respect of any of his land and is in possession of that land
as a thekadar of the mortgagee, no fresh process shall issue for his
ejectment from that land for arrears of the theka rent.

(2) After the passing of the said order and until the application is
dismissed by the Special Judge under sub-section (3) of section 8 or
proceedings under this Act are quashed under section 20 or until the
Collector has liquidated the debt 1[under Chapter V] no decree obtained
on the basis of any private debt incurred by the landlord after the
passing of the order under section 6 shall be executed against any of his
property, other than proprietary rights in land which has been
mentioned in the notice under section 11 and the landlord shall not be
competent without the sanction of the Collector to make an exchange or
gift of, or to sell, mortgage or lease, any of that property.

(3) After the passing of the order under section 6 and until the
Collector has declared in accordance with section 44 that landlord has
ceased to be subject to the disabilities of this sub-section 2[or until the
passing of the order by the Special Judge, referred to in sub-section (2)
of section 44] 2 no decree obtained on the basis of any private debt
incurred after the passing of the order under section 6 shall be executed
against any of the landlord’s proprietary rights in the land mentioned in
the notice published under section 11 and the landlord shall not be
competent, without the sanction of the Collector, to make any exchange
or gift of, or to sell, mortgage or lease those proprietary rights, or any
portion of them.

(4) Any transfer made in contravention of the provisions of this
section shall be void.

CHAPTER-IV

PROOF OF DEBTS AND PROCEDURE OF SPECIAL JUDGE

83. (1) When the Special Judge has received an application under
section 6, he shall call upon the applicant to submit to him within a
period to be fixed by him on this behalf a written statement containing
so far as may be practicable —

Written
statement to
be submitted.

(a) full particulars respecting the public and private debts to
which the landlord is subject, or with which his immovable property or
any part thereof is encumbered ;

(b) the nature and extent of the landlord’s proprietary rights in
land ;

(c) the nature and extent of the landlords property which is liable
to attachment and sale under section 60 of the Code of Civil Procedure,
1908, exclusive of his proprietary rights in land ; and

(d) the names and addresses of his creditors, so far as they are
known to or can be ascertained by the applicant.

——————————————————————————————————————————
1 Subs. by s. 3 of U. P. Act XIII of 1954.

2. Added by s. 4 of U.P. Act no.XI of 1939.

3. Renumbered by s. 4 of U. P. Act IV of 1935.

[The United Provinces Encumbered Estates Act, 1934]

Verification
of statement.

(2) The statement shall be verified in the manner prescribed by
law for the verification of plaints ;

Provided that, when the application is made by the manager of
any property, under the superintendence of the Court of Wards, it shall
not be necessary for such manager to verify the statement but the
landlord shall, so far as may be practicable, within a period to be fixed
by the Special Judge in this behalf furnish such information regarding
any of the matters mentioned in clause (a), (b), (c) and (d) of sub-section
(1) of this section as the Special Judge may require.

1[(3) When the written statement referred to in sub-section (1) or
the information referred to inthe proviso to sub-section (2) has not

been submitted or furnished within the period fixed without any
reasonable cause, the Special Judge may dismiss the application and
in that case shall inform the Collector that he has done so) ].

Notice calling
for claims

92. (1) The Special Judge shall publish in the 3[official Gazette]
a notice in English 4[and in Hindi in Devanagri Scripts]5[****] calling
upon all persons having claims in respect of private debts both decreed
and undecreed against the person or the property of the landlord by or
on whose behalf the application has been made under section 4 to
present to the Special Judge, within three months from the date of the
publication of the notice, written statements of their claims.

Copies of
notice to be
exhibited

(2) The Special Judge shall also cause copies of such notice to
be published in such6 [paper or] papers 7[* * *]as he may direct and to
be exhibited at his own office, at the office of each Collector within
whose district any part of the property of the landlord is situate, and at
some conspicuous place in the village where the landlord resides and
shall also send a copy of the notice 8 [and a copy of the written
statement submitted under sub-section (1) of section 8] by registered
post to each of the creditors whose names and addresses are
mentioned in the statement under clause (b) of sub-section (1) of
9[section 8].

Provision for
admission of
claims within
a further
period of two
months

(3) The written statement must be presented within the period
specified in the notice, unless the claimant satisfied the Special Judge
that he had sufficient cause for not presenting it within such period, in
which case the Special Judge may]10, 11[subject to such orders as to
cost as he may deem fit receive such statement if presented at any time
before the date on which he sends the decrees to the Collector under
the provisions of section 19 or before the 30th day of November, 1939,
whichever is later.]11

——————————————————————————————————————————
1. Add by s. 6 of U.P. Act IV of 1935.
2. Renumbered by s. 4 ibid.

3. Subs. for “Gaz.” by A. O. 1937.

4. Ins. by the A. O. 1950.

5. The words “Urdu and Hindi” del. by s. 6 of U. P. Act XI of 1939.

6. Ins. by the s. 7 of U. P. Act XI of 1939.

7. The words “including at least one paper published in English” del. by s. 7 ibid.

8. Add. by s. 8 ibid.

9. Subs. for “s. 7” by s. 5 of U. P. Act IV of 1935.

10. The comma was ins. by s. 9. of U. P. Act XI of 1939.

11. Subs.for the words “receive the statement if presented within a further period of two months” by s. 9 ibid.

[The United Provinces Encumbered Estates Act, 1934]

(4) If one or more members of a joint Hindu family apply
under the second proviso of sub-section (1) of section 4 then the
Special Judge shall apportion the debts due by and the property
belonging to the joint family between members who have so applied
and those who have not applied and, for the purposes of this Act,
those members who have applied under section 4 will be treated as if
they had separated from the other members.

Apportionment
of debts and
property in
case of
application by
members of a
joint Hindu
family.

(5) (a) If one or more of several joint debtors, who are not
members of the same joint Hindu family, apply under section 4 but
all the joint debtors do not apply then the Special Judge shall
determine the amount of the joint debt which is due by the debtor or
debtors who have applied and the amount due by those who have
not applied. For the purpose of this determination the Special Judge
shall make the joint debtors who have not applied parties to the
proceedings and shall hear any objection that they may make before
recording his finding.

Determination
of liability of
joint debtors
who are not
members of a
joint Hindu
family.

(b) If all the joint debtors have not applied under section 4
the creditor shall have a right to recover from the debtors who have
not applied only such amount on account of the joint debt as may be
1[determined] by the Special Judge to be due by them.

2 [(c) Where no suit has been instituted or where on
application for execution of joint decree has been made in any other
court in respect of such joint debt or joint decree the creditor may on
application to any court having jurisdiction to entertain such suit, or
execute such decree, obtain a decree, or get the decree executed
against non-applicant joint debtors, for the amount so determined,
subject to the payment of the court-fee payable on such execution
application, or on a plaint in suit for the amount determined by the
Special Judge. :

Provided that notwithstanding anything contained in the
Indian Limitation Act, 1908, or any other law for the time being in
force, in computing the period of limitation for such suit or such
execution application the period from the date of the order of the
Collector under section 6 to the date of determination of such debt
by the Special Judge under clause (b) shall be excluded in either
case.]

3 [(d) Where a suit in respect of the joint debt had been
instituted or an application for the execution of the joint decree
made, and proceedings herein were stayed under sub-section (1) of
section 7, the court in which such suit had been instituted or such
execution application was made shall, on the application of the
creditor, proceed with such suit, or execute such application in
accordance with sub-section (c) as against those joint debtors who
had not applied under section 4, in respect of the amount of the joint
debt determined by the Special Judge to be due from such joint
debtors] :

——————————————————————————————————————————
1. Subs. for (decreed) by s. 10 U. P. Act XI of 1939.

2. Cl. (c) was ins. by s. 11 ibid,.

3. Cl. (d) was ins. by s. 11 of U. P. Act XI of 1939.

[The United Provinces Encumbered Estates Act, 1934]

Provided that in a suit in respect of a liability of a firm, not
being a joint family firm and not being a landlord itself, the creditor
shall be entitled to proceed in respect of the whole debt against the
property of the firm ; but the amount recoverable from the applicant
partner personally shall be determined in accordance with the provision
of section 14 :

Provided further that for the purposes of this Act a person who
is liable for a debt as a surety shall not be deemed to be a joint debtor:

Provided further that notwithstanding anything to the contrary
in the Code of Civil Procedure, 1908, nothing in this Act shall prevent
the institution of a suit for the recovery of debt against a surety, but no
decree shall be passed in such suit for an amount in excess of the
amount determined or which would have been determined in
accordance with the provisions of section 14 against the landlord :

1[Provided also that the total amount which may be recovered

from the landlord and the surety shall not exceed the amount
determined or which might have been determined by the Special Judge
against the landlord.]

Apportionment
of liability of
heirs of a
deceased
debtor.

(6) If one or more but not all the heirs of a deceased debtor who
are not members of a joint Hindu family apply under section 4 the

Special Judge shall apportion the debts due by and the property
belonging to the deceased debtor between those heirs who have made
the application and those who have not and subject to the provisions
of section 49 that portion of the debt which falls to the share of the
heirs who have applied shall be liquidated from the property allotted to
them and they shall not be responsible for the portion of the debt
which falls to the share of the heirs who have not joined in the
application.

Appointment of
receiver for
land.

2[* * * * *]

3[9-A. (1) If at any time after the issue of notice under section 9
the landlord fails to satisfy—

(i) a claim for maintenance falling due after that date under a
decree passed before that date, or

(ii) a decree in respect of a claim for maintenance, wages or for
professional services passed after that date.

any person in whose favour such a claim has arisen or such a decree
has been passed may at any time within he period of limitation for the
recovery of the amount due under such decree apply to the Special
Judge for the appointment of a receiver and unless such decree is
satisfied within a period to be specified by him, the Special Judge shall,
unless in his opinion the claim can be satisfied by the appointment

——————————————————————————————————————————
1. Ins. by s. 11 of U.P. Act no.XI of 1939.

2.Omit. bys. 4 of U. P. Act IV of 1935.

3.Add.bys. 5 of U. P. Act IX of 1939.

[The United Provinces Encumbered Estates Act, 1934]

of a receiver under section 9-B, appoint a receiver of the whole of the
landlord’s proprietary rights in land or of such part of such proprietary
rights as may appear to him to be necessary.

(2) Except as otherwise provided by this Act, the appointment
remuneration, duties, etc. of any such receiver shall be governed by the
provisions of Order XL of the First Schedule of the Code of Civil
Procedure :

Provided that nothing in sub-rule (2) of rule 1 of that Order
shall be deemed to prevent the Special Judge from appointment a
receiver under this section.

(3) The receiver shall, subject to such payments to the landlord
as may be ordered by the Special Judge, meet such claim from the
income of the property under his charge.

(4) [The applicant may at any time apply to the Special judge for
the cancellation of the order appointing a receiver, and the Special
Judge shall, if he is satisfied that all such claims have been and in the
case of a claim for maintenance will in future be satisfied without fail,
1[or that it is no longer necessary in consequence of the acquisition of
estates under the U. P. Zamindari Abolition and Land Reforms Act,
1950 to continue the appointment of a receiver] cancel the order

appointing the receiver.

(5) 2[ * * * * ]

date on which debts are finally discharged either by payment of cash to
the debtors under section 23 or section 24 or the grant of a mortgage
under section 25, or by the fixation of installment under section 27, or
by the transfer of property under section 31, all the powers of the
Special Judge, under this section shall vest in the Collector, and if the
orders of the Special judge appointing a receiver have not been
cancelled before the decrees are sent to the Collector under section 19,
the receiver shall, until his appointment is cancelled by the Collector,
be considered as having been appointed by the Collector.

(6) If the proceedings are quashed under section 20, or the
application under section 4 is dismissed, the order appointing the
receiver shall be deemed to be cancelled.]

3[9-B. (1) At any time after the issue of the notice under section
9 the Special Judge may of his own motion or on the application of any
of the creditors, and shall on the application of any person who might
have applied for the appointment of a receiver under sub-section (1). If
section 9-A and whose claim remains unsatisfied pass such orders and
give such directions for the preservation and management of the
debtor’s property not being proprietary rights in land, and for the
satisfaction of such claims from the income of such property as he may

Direction for
the
management
and
preservation
of
appointment
of receiver
for non-
landed
property.

——————————————————————————————————————————
1.Subs. by s. 4 of U. P. Act XIII of 1954.

2.Omit. by s. 4 (2) ibid.

3. S. 9-B. add. by s. 5 of U. P. Act XI of 1939.

[The United Provinces Encumbered Estates Act, 1934]

consider just and equitable. He may order that the whole or any portion
of the income of such property be utilized for the satisfaction of such
claim or be appropriated for the maintenance of the debtor and his
family and shall give necessary directions for the accumulation of the
balance of such income for the benefit of the creditors, and may from
time to time vary or modify such orders.

(2) If the Special Judge considers it just and convenient in the
interest of the creditors or claimants aforementioned or if he is of the
opinion that the proper carrying out of orders passed under sub-
section (1) so requires, he may appoint a receiver of the whole or any
part of debtor’s property, other than proprietary rights in land, and the
provisions of sub-section (2) of section 9-A shall apply to such receiver:

Provided that the Special Judge may for reasons to be recorded
appoint the debtor to be the receiver.

(3) A receiver appointed under this section shall continue, even
if the decrees passed by the Special Judge have been forwarded to the
Collector under section 19 of the Act, unless the Collector for reasons
to be recorded in writing cancel or modified the order of his
appointment on such terms as he thinks fit. In any, case, any sum
which has accumulated or is in the hands of the receiver shall be
transferred to the Collector who shall treat such sum as a payment by
the applicant in accordance with the provisions of section 23.]

Receiver in
certain
special cases.

9-C. 1[ * * * ]

2 [9-D. The Collector may, on the application of a creditor,
appoint a receiver of any property possession of which has been or
might be delivered under the provisions of section 35 and if a receiver
is so appointed the provisions of sub-section [(2) and (4)]3 of section 9-A
and the provisions of sub-section (3) of section 9-B regarding the
disposal of funds in the hands of the receiver shall, mutatis mutandis,
apply.]

Claim to
contain full
Particulars.

10. (1) Every claimant referred to in [section 9]4 shall in the
written statement of his claim, give full particulars thereof and shall
state so far as they are known to or can be ascertained by him, the
nature and extent of the landlord’s proprietary rights in land and the
nature and extent, if any, of the landlord’s property other than
proprietary rights in land.

Documents to
be given up.

(2) Every document on which the claimant bases his claim, or
on which he relies in support thereof, shall be delivered to the Special
Judge along with the written statement or if the Special Judge so
directs on some later date or dates to be specified by him from time to
time in that behalf.

——————————————————————————————————————————
1.Omit. by s. 5 of U. P. Act XIII of 1954.

2.Add.by s. 5 of U.P. Act No. XI of 1939.

3.Subs. by s. 6 of U. P. Act XIII of 1954.

4.Subs. for “s. 8” and “s. 7” respectively by s. 5 of U. P. Act IV of 1935.

[The United Provinces Encumbered Estates Act, 1934]

(3) If the documents is an entry in any book, the claimant shall
produce the book before the Special Judge, together with a copy of the
entry on which he relies. The Special Judge shall mark the book for the
purpose of identification and, after 1 [having the copy examined and
compared] with the original, shall return the book to the claimant.

Entries in
books.

(4) If any document in the possession or under the control of the
claimant is not delivered or produced by him as required by this section,
the Special Judge may refuse to receive it in evidence on behalf of the
claimant at the investigation of the case.

Exclusion of
documents
not
produced.

11. (1) The Special Judge shall publish a notice in the manner

specified in 2 [section 9] specifying the property mentioned by the
applicant under 2[section 8] or by any claimant under section 10.

Notice
specifying
alleged
property of
a landlord
and
determina-
tion of
claims
thereto.

(2) Any person having any claim to the property mentioned in
such notice shall, within a period of three months from the date of the
publication of the notice in the 3[official Gazette], make an application to
the Special Judge stating his claim and the Special Judge shall determine
whether the property specified in the claim, or any part thereof, is has to
attachment, shall or mortgage in satisfaction of the debts of the
applicants.

[Provided that if the claimant satisfies the Special Judge that he
had sufficient cause for not making his application within the above
period, the Special Judge may receive such application, if presented, at
any time before the debt has been liquidated 4[under Chapter V].

(3) The Special Judge shall determine all claims made under this
section before he proceeds to determine the amount due to any creditor
under section 14 and shall not pass any decree under that section until
the expiry of a period of one month after the last day on which he
determines a claim under this section.

(4) Any order passed by the Special Judge under this section
shall be deemed to be a decree of a civil court of competent jurisdiction.

12. Any transfer of property made by a landlord or other person
acting on his behalf between the day on which the first chapter of this Act
comes into force and the day on which he applies under section 4, not
being a transfer made before and in consideration of marriage or made in
favour of a purchaser or encumbrances in good faith and for valuable
consideration, may be annulled at the instance of any creditor, if the
Special Judge finds that such transfer was made with a view to deprive the
landlord’s creditors of their rights under this Act.

Annulment
of transfer
by landlord
in certain
cases.

——————————————————————————————————————————
1. Subs. for “examining and comparing the copy” by s. 12 of U. P. Act XI of 1939.
2. Subs. for “s. 8” and “s. 7” respectively by s. 5 of U. P. Act IV of 1935.

3. Subs. for “Gaz.” by A. O. 1937.

4. Subs. by s. 7 of U.P. Act XIII of 1954.

[The United Provinces Encumbered Estates Act, 1934]

Claim not
duly notified
to be deemed
discharged.

Act II of 1912

13. Every claim decreed or undecreed against the landlord in

respect of a private debt, other than a debt due to a co-operative society

registered under the Co-operative Societies Act, 1912, by its members

shall unless made within the time and in the manner required by this

Act, be deemed for all purposes and on all occasions to have been duly

discharged.
Examination
of claims and
determinatio
n of amount
of debts.

14. (1) The Special Judge shall, by an order in writing, fix a

date for inquiring into 1[the claims] made in ‘pursuance of the notice

published in accordance with 2[section 9] and give notice of such date
3[to all the claimants] and the person who made the application under

section 4.

(2) The Special Judge shall examine each claim and after

hearing such parties as desired to be heard and considering the

evidence, if any, produced by them shall determine the amount, if any,

due from the landlord to the claimant on the date of the application

under section 4.

(3) All evidence recorded in any suit or proceeding which is

stayed under sub-section (1) of [section 7]4may be taken by the Special

Judge as evidence recorded before himself.

(4) In examining each claim the Special Judge shall have and

exercise all the powers of the court in which a suit for the recovery of

the money due would lie and shall decide the questions in issue on the

same principles as those on which such court would decide them,

subject to the following provisions, namely—

(a) the amount of interest held to be due on the date of the

application shall not exceed that portion of the principal which may still
be found to be due on the date of the application :

(b) the provisions of the Usurious Loans Act, 1918, will be

applicable to proceedings under this Act :

Act, 1934, shall not be applicable to proceedings under this Act.

(5) For the purpose of ascertaining the principal under clause (a)

of sub-section (4) the Special Judge shall treat as principal any

accumulated interest which has been converted into principal at any

statement or settlement of account or by any contract made in the

course of the transaction 5[on or before December 31, 1916].

6 [Explanation— Interest which on or before December 31,
1916, become part of the principal under the express terms of original

——————————————————————————————————————————
1. Subs. for “each claim” by s. 14 of U. P. Act XI of 1939.

2. Subs. for “s. 8” by s. 5 of U. P. Act IV of 1935.

3. Subs. for “the claimant” by s. 14 of U. P. Act XI of 1939.

4. Subs. for “s. 9” by s. 5 of U. P. Act IV of 1935.

5. Subs. for “before Dec. 31, 1916” by s. 14 of U. P. Act XI of 1939.

6. Ins. by s. XI of 1939.

[The United Provinces Encumbered Estates Act, 1934]

contract shall, for the purposes of this section, be deemed to be
principal.]1

(6) For the purpose of ascertaining the principal under clause
(a) of sub-section (4) the Special Judge shall not treat as principal any
accumulated interest which has been converted into principal at any
statement or settlement of accounts or by any contract made in the
course of the transactions after December 31. 1916.

(7) If the Special Judge finds that—

(a) no amount is due, he may pass a decree for costs in favour
of the landlord ;

(b) an amount is due to the claimant he shall —

Decrees of
Special Judge.

(i) pass a simple money decree, having regard also to the
provisions of sections 3 of the U. P. Zamindar’s Debt Reduction Act,
1952, for such amount together with any costs which he may allow in
respect of the proceedings in his court and of proceedings in any
court stayed under the provisions of this Act together with
pendentelite and further interest at a rate not higher than 4¼ per cent
per annum ; and

(ii) also certify the amount, if any, of such decree which, in
accordance with the provisions of section 8 of the U. P. Zamindar’s
Debt Reduction Act, 1952, is not legally recoverable otherwise than
out of the compensation and rehabilitation grant payable to the
landlord :

2[Provided that no pendentelite interest shall be allowed in the
case of any debt where the creditor was in possession of any portion
of the debtor’s property in lieu of interest payable on such debt for the
period he was so in possession.

(8) Every decree passed under sub-section (7) shall be deemed
to be a decree of a court of competent jurisdiction but shall not be
executable within U. P. except under the provisions of this Act.]

15. In determining the amount due on the basis of a loan
which has been the subject of a decree the Special Judge shall accept
the findings of the court which passed the decree except in so far as
they are inconsistent with the provisions of section 14 3[or section 4 of
the U. P. Zamindar’s’ Debt Reduction Act, 1952]:

Saving in
respect of
existing
decrees.

Provided that the Special Judge shall not determine any claim

under a decree, until an appeal or revision filed against such decree

has been finally decided or the period allowed for appeal has expired,

and in all such cases the findings of the Special judge shall be based

on the final decree.

16. The Special Judge shall rank all debts for priority,
provided that debts in the earlier of the following classes shall have
priority over those in the later classes :

Ranking of
debts for
priority.

——————————————————————————————————————————
1. Ins. by s. XI of 1939.
2.Subs. for by s. 8 of U. P. Act XIII of 1954.

3.Ins. for by s. 9 of U. P. Act XIII of 1954.

[The United Provinces Encumbered Estates Act, 1934]

Class (1) Debts recoverable under the Agra Tenancy Act, 19261,

the Oudh Rent Act, 18862, and the Land Revenue Act, 1901 ;

Class (2) Public debts due to the Government and public debts

due to a local authority creating a charge on immovable property ;

Class (3) Debts secured upon property against which the

Collector may take action under the provisions of section 24 up to the

value of the security ;

3 [Class (3-A) Secured debts which are not legally recoverable

otherwise than out of the compensation and rehabilitation grant

payable to the landlord ;]

Class (4) Other secured debts ;

Class (5) Debts due on account of goods supplied or services

rendered ; and

Class (6) Unsecured debts due to a local authority ; debts falling

into class (3) in excess of the value of security and other unsecured

debts.

Determination

of amount of

public debts

reported by

Collector

17. (1) If the amount of any public debt reported by the Collector

under section 6 is disputed and if a suit would lie in any civil or

revenue court to determine the amount of that debt, the Special Judge

shall, after such inquiry as may be necessary, determine such dispute.

(2) If a suit would not lie in any civil or revenue court to

determine the amount of a public debt the Collectors decision about the

amount of the debt shall be final.

Effect of

finding of

Special Judge

18. Subject to the right of appeal or revision conferred in

Chapter VI, the effect of decree of the Special Judge under sub-section

(7) of section 14 shall be to extinguish the previously existing rights, if

any, of the claimant, together with all rights, if any, of mortgage or lien

by which the same are secured and, where any decree is given by the

Special Judge to substitute for those rights a right to recover the

amount of the decree in the manner and to the extent hereinafter

prescribed :

4 [Provided that secured debts which, in accordance with the

provisions of section 8 of the U. P. Zamindar’s Debt Reduction Act,

1952, are not legally recoverable otherwise than out of the

compensation and rehabilitation grant payable to the landlord shall be

recoverable from the compensation and rehabilitation grant aforesaid as

though the security had not been extinguished.]

——————————————————————————————————————————
1. Rep. by the U. P. Tenancy Act, 1939 + (U. P. Act XVII of 1939) except in respect of the areas to which it

does not apply.

2. See. Now the U. P. Tenancy Act, 1939 (U. P. Act XVII of 1939).
3. Add. by s. 10 of U. P. Act XIII of 1954.

4. Add. by s. 11 of U. P. Act XIII of 1954.

[The United Provinces Encumbered Estates Act, 1934]

19. (1) The Special Judge shall send the decrees granted under
sub-section (7) of section 14 to the Collector for execution in
accordance with the provisions of the next chapter. The Special Judge
shall also inform the Collector of the order in which he has ranked the
debts for priority.

Transmission
of decrees to
Collector.

1[(2) The Special Judge shall inform the Collector —

(a) of the amount of the secured debt which is not legally
recoverable otherwise than out of the compensation and rehabilitation
grant payable to the landlord in respect of the mortgage estate ; and

(b) of the nature and extent of the property mentioned in the
notice under section 11 which he has found to be liable to attachment

or sale in satisfaction of the debts of the application.]1

2[19-A. Where a decree has been passed by the Special Judge
before the commencement of the U. P. Encumbered Estates
(Amendment) Act, 1954, and the decree not having been already fully
satisfied is in respect of a secured debt to which he U. P. Zamindar’s
Debt Reduction Act, 1952, applies the Special Judge shall, upon
reduction of the amount of the debt in accordance with the provisions
of the said Act —

Amendment of
decrees
transmitted to
the Collector

(a) inform the Collector of the reduction so made ; and

(b) certify the amount, if any, of the decree aforesaid which is
not legally recoverable otherwise than out of the compensation and
rehabilitation grant payable to the landlord in respect of the mortgaged
estate ;

and the decree transmitted to the Collector under section 19
shall be deemed to have been amended accordingly.]

20. The applicant may at any time within a period of one
month from the day on which the Special Judge decides any claim
under section 11 apply that the proceedings under this Act be quashed
and the Special Judge shall quash such proceedings and pass such
order as to the costs of the proceedings before him as he thinks proper,
provided that the order of quashing proceedings shall not take effect
unless the landlord within one month of such order pays into court the
amount of any costs ordered by the Special Judge under this section.

Quashing of
proceedings

20-A. 3[(1) Notwithstanding anything in this Act or any order

passed in any proceedings under this Act —

(i) any application which was dismissed solely on one of the
grounds mentioned in sub-section (6) of section 4 shall be restored and
any application which was dismissed solely on the ground of some
defect shall be amended in accordance with the provisions of sub-
section (5) of section 4 ;

——————————————————————————————————————————
1. Add by s. 12 of U.P. Act XIII of 1954.
2. Add. by s. 13, ibid.
3 Add by s. 22 of U.P. Act XI of 1939.

[The United Provinces Encumbered Estates Act, 1934]

(ii) any proceedings in review to which the provisions of clause
(a) or clause (b) or sub-section (1) of section 7 apply and which was
stayed or dismissed shall be restored ;

(iii) any suit or proceeding to which the provisions of clause (b)
of sub-section (1) of section 7 apply and which was dismissed shall be
deemed to have been stayed under the provisions of clause (a) of that
sub-section ;

(iv) if in the determination of any claim under the provisions of
section 14 any interest has not been treated as principal solely on the

ground that it was converted into principal on December 31, 1916, or

on the ground that it was converted into principal on or before

December 31, 1916, in accordance with an express term in the original

contract the amount due under such claim shall be re-determined in

accordance with the provisions of this Act ;

(v) any order passed otherwise than in accordance with the

proviso to sub-section (7) of section 14 shall be cancelled.

(2) Notwithstanding anything in sub-section (1) no amount shall

be re-determined under the provisions of clause (iv) of that sub-section

and no order shall be cancelled under the provisions of clause (v)
thereof if the decrees have been sent to the Collector under the

provisions of section 19 except on an application made to the Special

Judge before the thirtieth day of November, 1939.]1

CHAPTER V

EXECUTION OF DECREE AND LIQUIDATION OF DEBTS

Determination
of amount of
public debts
not reported
by Collector

21. The Collector shall after hearing any objection preferred by

the applicant, determine the amount of any public debt which has not

been reported under section 6 and which in accordance with rules

framed by the [State Government]2 in this behalf is to be liquidated

under this chapter.

Period for
payment of
debts

22. The Collector shall allow the debtor a period of two months

within which he may pay into court, the whole or any part of the

amount due from him.

Liquidation of
debts by
means of
money paid
by debtor

23. (1) If on the expiry of the said period the debtor shall have

paid into court the full amount due from him the Collector shall

discharge all his debts.

(2) If on the expiry of the said period the debtor shall not have

paid into court the full amount due from him the Collector shall expend

the amount, if any, paid in discharging the debts in order of priority and

shall proceed to liquidate the amount still remaining due in accordance

with provisions of the following sections.

——————————————————————————————————————————
1 Add. by s. 22 of U. P. Act XI of 1939.

2 Subs. by the A. O. 1950 for [Provl.Govt.]which had been subs. by the A. O. 1937 for (L. G.).

[The United Provinces Encumbered Estates Act, 1934]

1[23-A. The Collector shall require the Compensation Officer

and Rehabilitation Grants Officer as may be necessary to place at his

disposal in pursuance section 70 of the U. P. Zamindari Abolition Land

Reforms Act, 1950, the amount of compensation money and

rehabilitation grant payable to the landlord in respect of his

proprietary rights in land reported to be liable to attachment or sale

under the provisions of sub-section (2) of section 19.

Compensation
and
rehabilitation
grant to be
placed at the
disposal of
Collector

23-B. (1) Without prejudice to the provisions of section 8 of the

U. P. Zamindars’ Debt Reduction Act, 1952, the amount or the bonds

on account of compensation or rehabilitation grant received by the

Collector in pursuance of the requisition under section 23-A shall be

expended or utilized by the Collector in liquidation of the amount of

the secured debt which having regard to the provisions of the U. P.

Zamindars’ Debt Reduction Act, 1952, was secured on the proprietary

rights in land in respect of which such money has been received.

Liquidation of
secured debt
recoverable
from
compensation
and
rehabilitation
grant.

(2) If any balance out of the compensation or rehabilitation

grant received by the Collector in pursuance of the requisition under

section 23-A remains in the lands of the Collector after utilizing the

same in accordance with the provisions of sub-section (1), such

balance shall be utilized by the Collector in discharging the debts,

other than the debts, referred to in the said sub-section in order of

priority.]1

224. [ (1) The Collector shall then realize the value of such of

the debtor’s property, other than proprietary right in land, but

including proprietary rights in land in the areas which on the 7th day

of July, 1949 were included in a Municipality or a Notified Area under

the provisions of the U. P. Municipalities Act, 1916 or a Cantonment

under the provision of the Cantonment Act, Act, 1924, or a Town Area

under the provisions of U. P. Town Areas Act, 1914, as shall have been

reported by the Special Judge under the provisions of sub-section (2)

of section 19 to be liable to attachment or sale :

Realization of
value of debt or
property and
application of
proceeds for
liquidation of
debts.

Provided that the Collector before passing orders under this

section of the sale of any property shall hear any objection which the

debtor may have to make to the sale of that property :

Provided also that, notwithstanding anything in any other

section of this Act, the Collector may if he considers fit, sell, along with

any building disposed of under this section, the proprietary rights of

the applicant in a land occupied by such building or appurtenant thereto.

Provided further that the Collector shall leave the debtor at

least one residential house and necessary furniture thereof if —

(a) the debtor owns such house and furniture and desires to

retain it, and

——————————————————————————————————————————
1. Add by s. 14 of U.P. Act XIII of 1954.
2. Subs. by s. 5 of U.P. Act IV of 1935.

[The United Provinces Encumbered Estates Act, 1934]

(b) such house and furniture is free from any mortgage or

charge.]1

(2) The amount so realized shall be expended by the Collector in
discharging the debts in order of priority.

(3) For the purpose of execution against property outside 2[Uttar

Pradesh] the decrees passed by the Special Judge shall be deemed to be
decrees in favour of the Collector.

(4) For realizing the value of the debtor’s property under this

section the Collector may exercise all the powers of a civil court for the
execution of a decree.

25.3[ * * * ]

26. 3[ * * * ]

27. 3[ * * * ]

28. 3[ * * * ]

Method of
payment of
installment
and recovery
of arrears.

29. (1) The installments ordered under section 27 or section 28

shall be paid by the debtor to the 4[State Government] along with his

land revenue and cesses and any such instalment not paid on due

date shall be recoverable as an arrear of land revenue.

(2) If the full amount of any two consecutive installments has
not been paid within six months of the date on which the second of
such instalment fell due, the whole amount remaining due from the
debtor may, subject to rules framed by 4[State Government] the be
recovered as an arrear of land revenue.

(3) Notwithstanding anything in the United Provinces Court of
Wards Act, 1912, the Court of Wards shall at the request of the 4[State
Government]assume charge of the estate of any debtor who has been
ordered to pay instalments under section 27 or section 28 and who
has not paid two consecutive instalments within six months of the date
on which the second of such installments fell due.

30. 5[ * * * ]

31. 5[ * * * ]

32. 5[ * * * ]

33. 5[ * * * ]

34. 5[ * * * ]

Person
entitled to
possession of
property to be
put in
possession.

35. If at any time after the decrees granted by the Special Judge
have been sent to the Collector under the provisions of section 19 any
person entitled to possession of any property under the provisions of this
Act applies to the Collector to be put in possession of such property the
Collector shall deliver possession of such property to him.

——————————————————————————————————————————
1. Subs. by s. 15 of U. P. Act XIII of 1954.
2. Subs. by the A.O. 1950 for the United Province.

3. Omit. by s. 16 of U. P. Act XIII of 1954.

4. Subs. by the A. O. 1950 for [Provl.Govt.]which had been subs. by the A. O. 1937 for (L. G.).

5. Omit. by s. 16 of U.P. Act XIII of 1954.

[The United Provinces Encumbered Estates Act, 1934]

36. 1[ * * * ]

37. 1[ * * * ]

38. 1[ * * * ]

39. 1[ * * * ]

40. 1[ * * * ]

41. 1[ * * * ]

42. 1[ * * * ]

43. 2 [When an application has been dismissed under

sub-section (3) of section 8] , (or) when an order has been passed

under section 20 quashing further proceedings under the Act, the

following consequences shall ensue, namely —

(a) the whole of the proceedings under this Act shall be

set-aside ;

Consequences
of quashing
proceedings
under section
20.

(b) notwithstanding anything contained in section 18 all rights

and remedies and proceedings stayed 3 [and all attachments of

properties mentioned in statements filed under section 8, which had

become null and void] under sub-section (1) of 4[section 7] shall revive

to the creditors as if no action had been taken under this Act ; and

or other proceeding for the recovery of debts in respect of which a

written statement has been filed under section 10 the period from the

date of the 5[order of the Collector under section 6] to the date of order

of the Special Judge quashing further proceedings under the Act shall

be excluded ;

(d) in computing the period of limitation prescribed for any suit

or proceedings in respect of a claim which has been stated before the

Special Judge under section 11 the period from the date of the

publication of the notice under sub-section (1) of that section to the

date of the order of the Special Judge quashing proceedings under this

Act shall be excluded.

6[ 44. (1) In each of the following cases, namely —

7 [(a) when the debt has been liquidated under section 23,

section 23-B or section 24].

(b)8[ * * * * ]

——————————————————————————————————————————
1. Omit. by s. 16 of U.P. Act XIII 1954
2. Add. by s. 7 (1) of U. P. Act IV of 1935.

3. Ins. by s. 17 of U. P. Act XI of 1939.

4. Subs. for (s. 9) by s. 5 of U. P. Act IV of 1935.

5. Subs. for “for publication of notice under sub.s. (1) of s. 8” by s. 7 (2) of U. P. Act IV of 1935.

6. Subs. by s. 18 of U. P. Act XI of 1939.

7. Subs. by s. 17 (1) of U. P. Act XIII of 1954.

8. Omit. by s. 17 (2) U.P. Act XIII, 1954.ibid.

[The United Provinces Encumbered Estates Act, 1934]

2[(d) when the decree or decrees received by the Collector under
sub-section (1) of section 19 have been satisfied in full by a
compromise out of Court, and the public debt, if any, determined by
the Collector under section 21 has been completely liquidated.]

(2) When an application is dismissed or when proceedings
under the Act have been quashed, the landlord shall cease to be
subject to the disabilities mentioned in sub-section (3) of section 7
from the date of the order of the Special Judge dismissing the
application, or quashing the proceedings.

(3) Notwithstanding anything contained in the Limitation Act, or
in any other law for the time being in force in computing the period of
limitations prescribed for any application for execution of any decree
stayed under sub-section (2) and (3) of section 7 the period from the
date of decree referred to in those sub-sections up to the date of the
declaration under sub-section (1) of this section or the order of the
Special Judge referred to in sub-section (2), shall be excluded.

CHAPTER VI

APPEAL AND REVISION

Appeals 45. (1) An appeal against any 3[* * * *] decree or order 4[finally
disposing of the case] of a Special Judge of the first grade under this Act
shall lie to the High Court 5[* * * *] The period of limitation for appeal
under this sub-section shall be ninety days.

(2) An appeal against any 6 [* * *] decree or order [finally
disposing of the case] of a Special Judge of the School grade under this
Act shall lie to the District Judge. The period of limitation for appeals
under this sub-section shall be thirty days.

7[(2-a) An appeal shall lie to the High Court 3[* * *] from an
appellate order or decree of a District Judge passed under sub-section
(2) on one or more of the grounds mentioned in section 100 of the Code
of Civil Procedure, 1908. The period of limitation for appeals under this
sub-section shall be ninety days.]

8 [(3) [An appeal against any decision, decree or order of a
Collector or Settlement Officer under this Act shall lie to the
Commissioner, provided that an appeal filed before the commencement
of the United Provinces Encumbered Estate (Amendment) Act, 1943

——————————————————————————————————————————
1. Ibid.
2. Add. by s. 2 of U. P. Act IV of 1946.
3. The word “decision” omit by s. 19 of U. P. Act XI of 1939.

4. Ins. by s. 19 of ibid.

5. The words (or Chief Court, as the case may be) omit.by the A. O. 1950.

6. Omit.by s. 19 of U. P. Act XI of 1939.

7. Add. by s. 19 of U. P. Act XI of 1939.

8. Subs. by 2(1) of U.P. Act X of 1943.

[The United Provinces Encumbered Estates Act, 1934]

shall lie to the Board of Revenue.]1 The period of limitation for appeals
under this sub-section shall be sixty days.

2 [(3-A) The Board of Revenue may transfer for decision any
appeal pending before itself to a Commissioner and may by order
recall any appeal to transferred. The Board of Revenue may transfer
any appeal pending before a Commissioner to another Commissioner.]

(4) The provisions of sections 5 and 12 of the Indian Limitation
Act, 1908, shall apply to appeals under this Act.

(5) 3[Subject to the provisions of sub-section (2-a)] the decision
on an appeal under this section shall be final 3[and in deciding
the appeal the appellate court may modify or alter or reverse any
decree or order of the Special Judge, if in the opinion of the appellate
court it be necessary to do so in the interest of justice and equity.]3

46.4[(1) Any court empowered under sub-sections (1), (2) and
(2-a) of section 45 to hear an appeal under this Act may of its own
motion, or on the application of any person concerned, call for the
record of proceedings in any case under this Act pending in a court
from which appeals lie to such court and after giving due notice to the
parties concerned pass such order thereon consistent with the
provisions herein contained as it thinks fit, and such order shall be final.

Power to call
for proceedings
and pass orders
thereon.

(2) The Board of Revenue may, on an application filed by any
person concerned on any of the grounds mentioned in sub-section (1)
of section 100 of the Civil Procedure Code, 1908, or at any time on its
own motion for any sufficient reason, call for the record of proceedings
of any case under this Act which is pending in the court of, or has
been decided by, a Collector, a Settlement Officer or a Commissioner
and after giving notice to the parties concerned pass such order
thereon consistent with the provisions herein contained as it thinks
fit, and such order shall be final.]4

5[46-A. The District Judge may of his own motion or on the
application of any person concerned transfer any case pending before
a Special Judge of the second grade to the court of a Special Judge of
the first grade for any valid and sufficient reason and shall direct that
the latter shall proceed with the case from the stage at which it was
transferred.]

47. Except as provided in sections 45 and 46, no proceedings
of the Collector or Special Judge under this Act shall be questioned in
any court.

Proceedings not
to be
questioned

——————————————————————————————————————————
1. Subs. for “An appeal against any decision, decree or order of a Collector or Settlement Officer under this

Act shall be to the Board of Revenue”, by s. 2 (1) of U. P. Act X of 1943.
2. Ins. by s. 2 (2) ofibid.
3. Add. by s. 19, U.P. Act No. XI of 1959.
4. Subs. by s. 3 of U.P. Act X of 1943.
5. Add by s. 20of U. P. Act XI of 1939.

[The United Provinces Encumbered Estates Act, 1934]

CHAPTER-VII

MISCELLANEOUS

Insolvency
proceedings.

48. From the date of the application under section 4 up to the
date when the Collector has liquidated the debts in full under
section1[Section 23-B or section 24]

(a) no creditor shall be entitled to present an insolvency petition
against the landlord ; and

(b)the landlord may present a petition that he be adjudged to be
insolvent and, if he does so, no further proceedings shall be taken
under this Act, while the insolvency proceedings are pending.

(2) 2[* * * *]
Limited
application of
the Act in
case of
inherited
debts

49. (1) If the debts of a landlord are the debts due from his
deceased ancestor which are legally recoverable only from certain
property in the possession of the landlord, only such property and no
other property belonging to the landlord shall be dealt with under the
provisions of this Act; and all references to the property of the landlord
in the various sections of this Act shall be deemed to be references only
to such property and to no other.

Procedure
when
application in
respect of
inherited debt
found to be
subject to
personal debt

(2) If in the course of inquiry it is proved that a landlord who has
applied for the application of this Act only in respect of debts due from
his deceased ancestor has appropriated any property received from
such ancestor or that he owns also other debts which are recoverable
from him personally and in respect of which claims have been preferred
under 3[section 9] the Special Judge shall give him the option of either
withdrawing his application or paying the personal debts and value of
any property appropriated by him as aforesaid or having the whole of
his property dealt with under this Act. In case he withdraws his
application all proceedings under this Act shall be quashed. If he elects
to pay his personal debts and the valueof any property appropriated by
him the special Judge shall give him such time for doing so as he shall
think necessary and on the landlord paying the same shall proceed with
the case. If the landlord fails to pay the same within the time allowed by
the Special Judge his application shall be dismissed. If the landlord
elects to have the whole of his property dealt with under this Act, the
Special Judge shall require him to give particulars of all such property
and after giving the claimants another opportunity of giving further
particulars of property as required by section 10 shall take fresh
proceedings under section 11 in respect of such property,. If the
landlord refuses or neglects to exercise any of the options provided in
this sub-section the Special Judge shall dismiss his application :

4[Provided that the amounts decreed by the Special Judge in

respect of the debts due from the deceased ancestor of the applicant

——————————————————————————————————————————
1. Subs. by s. 18 of U.P. Act XIII of 1954.
2. Omit. by s. 18 (2) of U. P. Act XIII of 1954.
3. Subs. by s. 5 of U.P. Act IV of 1935.
4. Add. By s. 21 of U.P. Act XI of 1939.

[The United Provinces Encumbered Estates Act, 1934]

shall not without the consent of the applicant be recoverable in

liquidation proceedings under this Act from any property other than

that from which it might have been legally recovered had no

application been made under this Act.]1

(3) In all cases in which proceedings are quashed or the

application is dismissed under this section the Special Judge may

make such order as to costs as he thinks proper.

50. If a landlord with regard to whom a notice has been

published under 2[section 9] dies before a declaration has been made

in respect of him under section 44, —

Death of
proprietor
before
liquidation

(a) the proceedings under this Act shall be continued as nearly

as may be possible in all respects as if the landlord were still living ;

and

(b) any person succeeding to the whole or any portion of the

landlord’s property shall become subject in respect of that property to

the disabilities imposed by sub-section (2) of 3 [section 7] and shall

continue so subject until a declaration has been made in respect of

him under section 44.

51. Every investigation conducted by the Special Judge with
reference to any claim made to him under this Act, or to any matter
connected with any such claim, shall be deemed to be a judicial
proceeding within the meaning of the Indian Penal Code, 1860; and
the Special Judge shall be deemed to be a public servant within the
meaning of that Code.

Investigation to
be deemed a
judicial
proceeding.
Special Judge
to be deemed a
public servant
within the
meaning of the
Indian Penal
Code

52. For the purposes of compelling the attendance of
witnesses and the production of documents, and of awarding costs,
the Special Judge shall have the powers conferred on a civil court by
the Code of Civil Procedure, 1908.

Power to
summon
witnesses,
compel
production of
documents,
and award
costs

53. No suit or other proceedings shall be maintained against
any public servant in respect of anything done by him in good faith
pursuant this Act.

Bar of suits

54. (1) The 4[State Government] may make rules5 consistent
with the provisions of this Act for regulating the procedure of the

Power of State
Government to
make rules.

——————————————————————————————————————————
1. Add. by s. 21 of U. P. Act XI of 1939.
2. Subs. for “s. 8” by s. 5 of U. P. Act IV of 1935.
3 Subs. for “s. 9” by s. 5 of U. P. Act IV of 1935.
4 Subs. by the A. O. 1950 for [Provl.Govt.]which had been subs. by the A. O. 1937 for (L. G.).
5 For rules, see notes. —
no. 618-Rev., d. Aug. 10, 1935.
no. 687-Rev., d. Aug. 23, 1935.
no. 2683/I, d. Dec. 09, 1935.
no. 52-Rev., d. May. 19, 1936.

[The United Provinces Encumbered Estates Act, 1934]

Collector, to the Special Judge and the Settlement Officer in
proceedings under this Act and generally for carrying out the purposes
of this Act, may fix the legal fees chargeable under this Act and may
confer the powers of the Collector under this Act on any Assistant
Collector of the first class.

(2) Before making the rules under this section the [State

Government]1 shall publish a draft of the same in the 1[official Gazette]
and shall concurrently cause a copy of the said draft to be sent to every
member of the 2[Houses of the State Legislature].

(3)In making the rules finally the 3 [State Government] shall

consider the opinions received by them as well as any opinion
expressed by 4[either House of the State Legislature].

55.5[ * * * * ]

no. 139-Rev/1, d. July. 4, 1936.

no. 277-Rev, d. Sep. 16, 1936.

no. 2580(1)/1, d. Dec. 4, 1936.

no. 2275-J, d. Mar. 25, 1937.
no. 449(3)/I—39, d. May. 22, 1939 and

no. 539/I—1935, d. May. 13, 1940.

In Gaz. 1935, Pt. VIII, p. 263, ibid 1935, Pt. VIII, p. 406, ibid 1935, Pt. I, p. 1657, ibid 1936, Pt. VIII. P. 124,
ibid 1936, Pt. I. p. 796, ibid 1936, Pt. VIII, p. 234, ibid 1936, Pt. I. p. 1389, ibid. 1937, Pt. VIII p. 98, ibid
1939, Pt. I-A, p. 135 and ibid, 1940, Pt. I—A, pp 281—283.

no. 22/I—41, d. Oct. 10, 1941, in Gaz. 1941, Pt. IA, p. 311—313.

no. 233-RC/I—680—40, d. July. 4, 1941, in Gaz. 1941, Pt. IA, p. 217—219.

no. 89/I-41, d. Nov. 18, 1941, in Gaz. 1941, Pt. IA, p. 352—355.

no. 160-RC/I-44, d. June 24, 1941, in Gaz. 1941, Pt. IA, p. 189.

no. 45-RC/I, d. June 4, 1941, in Gaz. 1941, Pt. IA, pp. 167—168.

no. 2757(ii)/I-141-30, d. Dec. 20, 1941, in Gaz. 1941, Pt. IA, p. 591.

no. 2757(iii)/I-141-30, d. Dec. 20, 1941, in Gaz. 1941, Pt. IA, p. 591.

no. 40/I-651-41, d. Jan. 29, 1942, in Gaz. 1942, Pt IA, p. 33.

no. 2581/I—89-41.d. Mar. 2, 1942, in Gaz. 1942, Pt. IA, p. 75.
no. 2079/I-216-42, d. Aug,. 20, 1942, in Gaz. 1942, Pt. IA, p. 45A.
no. 2931/I-216-42, d. Sep. 28, 1942, in Gaz. 1942, Pt. IA, p. 331-32.
no. 2754/I-651-41, d. Sep. 30, 1942, in Gaz. 1942, Pt. IA, p. 333.
no. 2224/I-336-41, d. Oct. 28, 1942, in Gaz. 1942, Pt. IA, p. 377.
no. 1129/I-362-41, d. Nov. 23, 1942, in Gaz. 1942, Pt. IA, p. 559.
no. 2173/I-216-42, d. Nov. 27, 1943, in Gaz. 1943, Pt. IA, p. 56-A.
no. 2480/I-112-43, d. Nov. 24, 1943, in Gaz. 1943, Pt. I, p. 385.
no. 2554/I-548-41, d. Sep. 11, 1943, in Gaz. 1943, Pt. IA, p. 43-A.
no. 1649/1-69-42, d. Oct. 26, 1943, in Gaz. 1943, Pt. IA, p. 49-A.
no. 3311/I-286-41, d. Jan. 18, 1944, in Gaz. 1944, Pt. IA, p. 4-A.
no. 7/I-265-41, d. Mar. 29, 1944, in Gaz. 1944, Pt. IA, p. 16-A.
no. 639/I-563-42, d. Apl. 12, 1944, in Gaz. 1944, IA, p. 18-A.
no. 3344(1)/I—651-41, d. April. 12, 1944, in Gaz. 1944, IA, p. 88.
no. 3385/I—216-42, d. April. 12, 1944, in Gaz. 1944, Pt. IA, p. 88:-89.
no. 1824/I-216-42, d. July. 26, 1944, in Gaz. 1944, Pt. IA, p. 39-A.
no. 3215/I-241-44, d. Dec. 8, 1944, in Gaz. 1944, Pt. IA, p. 63-A369.

1 Subs. by A. O. 1950.
2 Subs. by A. O. 1937 for [Gazette].
3. Subs. by the A. O. 1950 for [Chamber of the Provincial Legislature] which had been subs. by A.O. 1937 for

[local L.C.]

4. Subs. by A. O. 1959 for [Provl.Govt.]which had been subs. by the A.O. 1937 for (L.G.).

5. Omit. bysec. 19 of U.P. Act No. XIII of 1954.

[The United Provinces Encumbered Estates Act, 1934]

56.1[ * * * * ]

57. The Collector may, subject to rules framed by the [State
Government] transfer any proceedings under this Act which are
pending in his court to the court of an Assistant Collector of the first
class empowered under section 54 and may withdraw any proceedings
so transferred.

Transfer of
proceedings by
Collector

58. The Board of Revenue may transfer any proceedings under
this Act from the Court of one Collector to that of any other Collector.

Transfer of
proceedings by
Board of
Revenue

59. Nothing in this Act shall affect the powers of the Collector
under the Land Revenue Act, 1901, to collect the land revenue or any
money recoverable as an arrear of land revenue.

Saving

2[60. The powers exercisable by the Collector under Chapter V,
may, if the State Government so directs, be exercised by the Special
Judge either generally or in any area, as may be specified.]

“Exercise of
powers of the
Collector by
the Special
Judge”

——————————————————————————————————————————
1. Omit. by s. 19 of U. P. Act XIII of 1954.

2. Add by s. 21 of U. P. Act XIII of 1954.