#THE BROACH AND KAIRA INCUMBERED ESTATES ACT, 1877 
_________ 

##ARRANGEMENT OF SECTIONS 
_________ 

PREAMBLE. 

###I.—PRELIMINARY. 

SECTIONS. 

1. Short title. 
 Commencement. 
2. Act No. XV of 1871 repealed. 
3. Interpretation-clause. 
  “Thakur.” 
  “Heir.” 
  “Commissioner.” 

________ 

###II.—OF THE APPLICATION AND PRELIMINARY INQUIRY. 

4. Application for benefit of Act. 
5. Order to enquire. 
6. Verified statement to be submitted. 
False averments in statement. 
7. Report of enquiry and proceedings thereon. 
________ 

###III.—OF THE ORDER OF MANAGEMENT. 

8. “Order of management” to what it extends. 
  Commencement of management. 
9. Effect of order of management. 
 Stay of pending proceedings, &c. 
 Bar of fresh proceedings. 
 The debtor incompetent— 
 to contract debts, 
 to encumber or alienate property, 
 to grant receipts for rent. 

10. Manager to have powers of owner and to receive rents and profits: 
 to have powers of Collector for their recovery. 

11. Manager to pay therefrom— 
      costs of management and repairs, 
      Government revenue, &c., 
      rent due to superior holder, 
      allowance for maintenance and expenses of debtor and family, 
      cost of improvements, &c. 
    Residue how disposed of. 

###IV.—PROOF OF DEBTS AND SCHEME FOR LIQUIDATION. 

12. Notice to claimants against debtor. 
  Copies of notice to be exhibited. 
13. Claim to contain full particulars. 
  Documents to be given up. 
  Entries in books. 
  Power to exclude documents not produced with claim. 
14. Claim not duly notified to be barred. 
  Admission of claims within further period of six months. 
15. Determination of debts and liabilities. 
16. Power to rank debts and to fix interest. 
17. Scheme for liquidation. 
  Provisions of scheme. 
18. Proceedings of Commissioner on submission of scheme. 
19. Power to relinquish management. 
________ 

###V. OF THE PROCEEDINGS SUBSEQUENT TO SANCTION OF THE LIQUIDATION-SCHEME. 

20. Effects of sanctioning scheme. 
21. Power to remove mortgagee in possession. 
22. Power to inquire into consideration given for leases. 
23. Power to lease. 
24. Power to raise money by mortgage or sale. 
25. Manager’s receipt a discharge. 
26. Termination of management. 
  Restoration of owner. 
27. Death of debtor during management. 
28. Mortgages, &c., made by restored Thakur valid only for his life. 
__________ 

###VI.—OF APPEAL AND REVISION. 

29. Appeal. 
30. Power to call for proceedings and pass order thereon. 
__________ 

###VII. MISCELLANEOUS. 

31. Power to make rules. 
32. Power to appoint new manager. 
33. Managers and their agents to be public servants. 
34. Investigation, a judicial proceeding. 
35. Power to summon witnesses and compel production of documents. 
36. Bar of suits. 
37. Saving of jurisdiction of Courts in Broach and Kaira in respect of certain suits. 
38. Exemption of certain Thakurs from certain provisions of Act. 
39. Amendment of Bombay Act VI of 1862. 
40. Taluqdari Settlement-officer to be— 
  Deemed an officer under Bombay Act VI of 1862, section 1, 
  Assistant to certain Collectors. 
41. Acts of Taluqdari Settlement officer valid. 

 
 
 
#THE BROACH AND KAIRA INCUMBERED ESTATES ACT, 1877 

##ACT NO. XIV OF 1877. 
_______ 

PASSED BY THE GOVERNOR GENERAL OF INDIA IN COUNCIL, 

*(Received the assent of the Governor General on the 28th June* 1877.)
______ 

An Act to relieve from Incumbrances the estates of Thakurs in Broach and Kaira. 

Preamble.—WHEREAS  many  Thakurs  in  the  districts  of  Broach  and  Kaira  are  in  debt,  and  their 
immoveable property is subject to mortgages, charges and liens; and whereas it is expedient to provide for 
their relief in manner hereinafter appearing; It is hereby, enacted as follows:— 

###I.—PRELIMINARY. 

1. **Short title.**—This Act may be called “The Broach and Kaira Incumbered Estates Act, 1877:” 

**Commencement.**—And it shall come into force on the passing thereof. 

2. **Act No. XV of 1871 repealed.**—Act No. XV of 1871 (*to relieve from incumbrances the estates of 
Thakurs in Broach)* is repealed: but all applications and appointments and rules made, all notices published, 
and  all  other  things  duly  done,  under  the  said  Act,  shall  be  deemed  to  have  been  respectively  made, 
published and done under this Act. 

3. **Interpretation-clause. “Thakur”.**— In this Act— 

“Thakur” means also taluqdar, Jagirdar and kasbati, and such other classes of holders of estates as the 
Local  Government  may,  with  the  previous  sanction  of  the  Governor  General  in  Council,  declare  to  be 
Thakurs for the purposes of this Act: 

  “Heir” means the person for the time being entitled as heir to a Thakur: 

  “Commissioner”  means  the  Revenue  Commissioner  of  the  Northern  Division  of  the  Presidency  of 
Bombay. 

###II.—OF THE APPLICATION AND PRELIMINARY INQUIRY. 

4. **Application for benefit of Act.**—At any time within twelve months after the passing of this Act, 
any Thakur, 

  or any person who would be sole heir or one of the heirs to such Thakur if he then died intestate, 

  may apply, in writing, to the Commissioner, stating that such Thakur is subject to debts or liabilities, 
other than debts due, or liabilities incurred, to Government, or that his immoveable property is charged with 
debts or liabilities other than as aforesaid, and requesting that the provisions of this Act be applied to his 
case. 

  When any Thakur or other person entitled to make an application under this section is a minor or of 
unsound mind, or an idiot, such application may be made on his behalf by the guardian or other legal curator 
of his person, or by the legally constituted administrator or manager of his estate. 

5. **Order to enquire.**—When any such application is made by or on behalf of a Thakur, or the person 
who would be his sole heir if he then died, the Commissioner shall direct an enquiry to be made by such 
officer as he thinks fit into the nature and amount of such debts and liabilities and the sufficiency of the 
debtor’s property, whether moveable or immoveable, to discharge the same. 

  When such an application is made in any other case, it shall be in the discretion of the Commissioner, 
subject to any general rules which may from time to time be made by the Governor of Bombay in Council 
in this behalf, either to reject such application or to direct an enquiry to be made as aforesaid. 

6. **Verified statement to be submitted.**—When  an  enquiry  has  been  directed  under  section  5,  the 
applicant shall, within a period to be fixed by the Commissioner, submit to the officer appointed to make 
such enquiry a statement duly verified by the said applicant, or by some other competent person, in the 
manner required by law for the verification of plaints, and containing, so far as may be practicable, such 
details as to the debts and liabilities, and as to the sufficiency of the debtor’s property, whether moveable 
or immoveable, to meet the same, as the Commissioner, or the said officer, subject to his control, may 
require. 

**False averments in statement.**—If  any  such  statement  contains  any  averment  which  the  person 
making the verification knows or believes to be false, or does not know or believe to be true, such person 
shall be deemed to have intentionally given false evidence within the meaning of the Indian Penal Code. 

7. **Report of enquiry and proceedings thereon.**—The  officer so  appointed,  after  making  enquiry, 
shall submit a report of his proceedings to the Commissioner. 

On receipt of such report, the Commissioner may— 

  (a) direct a further enquiry, or 

  (b) dismiss the application, or 

  (c) by order published in the *Bombay Government Gazette*, direct that the immoveable property of 
the debtor shall be managed, and that his debts shall be liquidated, in the manner hereinafter provided, 
by a manager. 

  The Taluqdari Settlement-officer for the time being shall, unless the Local Government in any case 
otherwise directs, be such manager. 
_______ 

###III.—OF THE ORDER OF MANAGEMENT. 

8. **“Order of management” to what it extends.**—Such  order  (hereinafter  called  “the  order  of 
management”)  shall  extend  to  all  immoveable  property  of  or  to  which  the  debtor  is  on  the  date  of  its 
publication  possessed  or  entitled  in  his  own  right,  or  which  he  is  entitled  to  redeem,  or  which  may  be 
acquired by or devolve on him during the continuance of the management, and to all debts and liabilities to 
which he is subject, or which are charged on the whole or any part of his immoveable property on the said 
date. 

  **Commencement of management.**—The management shall be deemed to commence from the date on 
which the order is published. 

9. **Effect of order of management.**—On the publication of the order of management the following 
consequences shall ensue: 

  **Stay of pending proceedings, &c., First,** all proceedings then pending in any Civil Court in British 
India in respect to the debts and liabilities mentioned in section 8 shall be stayed; and the operation of all 
processes, executions and attachments then in force, for or in respect of such debts and liabilities shall be 
suspended; 

  **Bar of fresh proceedings.** *Secondly*,  so  long  as  the  management  continues,  no  fresh  proceedings, 
processes, executions or attachments shall be instituted in or issued by any Civil Court in British India in 
respect of such debts and, liabilities; 

  **The debtor incompetent.** *Thirdly*,  so  long  as  the  management  continues,  the  debtor  shall  be 
incompetent— 

  **to contract debts**, (a) to enter into any contract involving him in pecuniary liability, or 

  **to encumber or alienate property**,  (b)  to  mortgage,  charge,  lease  or  alienate  the  property  under 
management or any part thereof, or 

  **to grant receipts for rent**,  (c)  to  grant  valid  receipts  for  the  rents  and  profits  arising  or  accruing 
therefrom: 

  Provided that nothing contained in this clause shall be deemed to preclude the manager from letting, 
and the debtor from taking, the whole or any part of such property on such terms, consistent with this 
Act, as may be agreed upon between the parties; 

  *Fourthly*, so long as the management continues, no person other than the manager shall be competent 
to mortgage, charge, lease or alienate such property or any part thereof. 

10. **Manager to have powers of owner and to receive rents and profits**: The manager shall, during 
the management of the property, have all powers which the owner thereof might, as such, have legally 
exercised,  and  shall  receive  and  recover  all  rents  and  profits  due  in  respect  of  the  property  under 
management, 

  **to have powers of Collector for their recovery.**—and for the purpose of recovering such rents and 
profits shall have, in addition to any powers possessed by a Thakur, all the powers possessed by a Collector; 
under  the law for the time being in force, for securing and recovering land-revenue due to Government: 

  Provided  that  he  shall  not,  before  the  liquidation  scheme  hereinafter  mentioned  has  been 
sanctioned, demise the property under management, or any part thereof, for any term exceeding two 
years, to take effect in possession. 

11. **Manager to pay there from**—From the sums received or recovered under section 10, the manager 
shall pay— 

  *First*,—**Costs of management and repairs**,—the costs of the management, including the costs of 
necessary repairs; 

  *Secondly*, —**Government revenue, &c.**,—the Government revenue and all debts and liabilities 
for the time being due or incurred to Government in respect of the property under management; 

  *Thirdly*,—**Rent due to superior holder**,—the rent (if any) due to any superior holder in respect of 
the said property; 

  *Fourthly*,—**allowance for maintenance and expenses of debtor and family,**—such periodical 
allowance as the Commissioner may from time to time fix for  the maintenance and other necessary 
expenses of the and of such members of his family as the Commissioner directs; 

  *Fifthly*, **cost of improvements, &c.**—the cost of such improvements of the said property as he 
thinks necessary, and as are approved by the Commissioner. 

  **Residue how disposed of.**—The  residue  shall  be  retained  by  the  manager  for  the  liquidation,  in 
manager hereafter provided, of the debts and liabilities mentioned in section 8 other than those so due or 
incurred to Government. 

###IV.—PROOF OF DEBTS AND SCHEME FOR LIQUIDATION. 

12. **Notice to claimants against debtor.**—On the publication of the order of management, the manager 
shall publish in the *Bombay Government Gazette* a notice in English and Gujarathi calling upon all persons 
having claims against the debtor or the property under management, to notify the same in writing to such 
manager within six from the date of the publication. 

**Copies of notice to be exhibited.**—He shall also cause copies of such notice to be exhibited at the 
Mamlatdars kachahris in the district in which the said property lies, and at such other places as he thinks 
fit. 

13. **Claim to contain full particulars.**—Every such claimant shall, along with his claim, present full 
particulars thereof. 

**Documents to be given up.**—Every document on which the claimant founds his claim, or on which he 
relies in support thereof, shall be delivered to the manager along with the claim. 

**Entries in books.**—If the document be an entry in any book, the claimant shall produce the book to 
the manager together with a copy of the entry which he relies. The manager shall mark the book for the 
purpose of identification, and, after examining and comparing the copy with the original, shall return the 
book to the claimant. 

**Power to exclude documents not produced with claim.**—If any document in the possession or under 
the control of the claimant is not delivered or produced by him to the manager along with the claim, the 

manager may refuse to receive such document in evidence on the claimant’s behalf at the investigation of 
the case. 

14. **Claim not duly notified to be barred.**—Every such claim (other than claims of the Government) 
not  notified to  the  manager  within  the  time  and  in the  manner  required  by  such  notice  shall,  except  as 
provided in section 19, clause (d), be deemed for all purposes and on all occasions, whether during the 
continuance of the management or afterwards, to have been duly discharged: 

**Admission of claims within further period of six months.**—Provided that, when proof is made to the 
manager that the claimant was unable to comply with the visions of section 12, the manager may receive 
such claim within the further period of six months from the expiration of the original period of six months. 

15. **Determination of debts and liabilities.**—The manager shall inquire into the history and merits of 
every claim received under sections 12 and 14, and shall, in accordance with the rules to made under this 
Act, determine the amount of debts and liabilities (if any) justly due to the several claimants. 

16. **Power to rank debts and to fix interest.**—If such amount cannot be paid at once, the manager 
shall then proceed to rank such debts and liabilities according to the order in which they shall be paid, and 
to fix the interest (if any) to be paid thereon, respectively, from the date of the final decision thereon to the 
date of the payment and discharge thereof. 

17. **Scheme for liquidation.**—When the total amount of the debts and liabilities (including those due 
and  incurred  to  Government) has been  finally  determined, the  manager  shall prepare  and  submit to the 
Commissioner  a  schedule of  such  debts  and  liabilities,  and  a  scheme  (hereinafter  called  the liquidation 
scheme) shewing the mode in which it is proposed to pay and discharge the same, whether from the income 
of the property under management, or with the aid of funds raised under the powers hereinafter conferred, 
or partly in one of such ways and partly in the other. 

**Provisions of scheme.**—Every such scheme shall further provide for the continuance of the payments 
to be made by the manager  under section 11, and may provide for the improvement of the property under 
management either from the said income or with the aid of the funds raised as aforesaid, or partly in one of 
such ways and partly in the other. 

18. **Proceedings of Commissioner on submission of scheme.**—The Commissioner may— 

  (a) as often as he thinks fit send back such scheme to the manager for revision, and direct him to 
make such further inquiry as may be requisite for the proper preparation of the scheme, or 

  (b) sanction any liquidation-scheme, or any revised liquidation-scheme, submitted to him, either as 
it stands, or subject to such modifications as he may deem expedient. 

19. **Power to relinquish management.**— At any time before he has sanctioned a liquidation-scheme 
under section 18, the Commissioner may, by an order published in the Bombay Government Gazette, direct 
that on a date fixed by such order the management shall be relinquished. 

On the date so fixed— 

  (a) the management shall terminate; 

  (b) the owner of the property under management shall be restored to the possession thereof, subject 
to any leases made under section 10; 

  (c) any  residue  of  the  rents  and  profits  of  the  said  property,  retained  under  the  last  clause  of 
section 11 shall be paid to him; and 

  (d) the proceedings, processes, executions and attachments stayed and suspended under section 9, 
and the debts and liabilities barred by section 14, shall revive. 

  In calculating the periods of limitation applicable to suits to recover and enforce debts and liabilities 
revived under this section, the time during which the management has continued shall be excluded. 

###V.—OF THE PROCEEDINGS SUBSEQUENT TO SANCTION OF THE LIQUIDATION-SCHEME. 

20. **Effects of sanctioning scheme.**—When the Commissioner sanctions the liquidation-scheme, he 
shall notify the fact of such sanction at such places and in such manner as the Local Government may from 
time to time by rule direct; and thereupon— 

  *1st*, all proceedings, processes, executions and attachments stayed or suspended under section 9 
shall be forever barred, and 

  *2nd*, every debt or liability due or owing to any person which was proveable before the manager 
shall be extinguished, and such person shall be entitled receive under the liquidation-scheme the amount 
(if any) finally awarded to him under Part IV of this Act in respect of such debt or liability. 

21. **Power to remove mortgagee in possession.**—If the property under management or any part thereof 
be in the possession of a mortgagee or conditional vendee, the manager, at any time after the liquidation-
scheme has been sanctioned as aforesaid, may, by an order in writing, require such incumbrancer to deliver 
up possession of the same to him at the end of the then current revenue year. 

  If such incumbrancer refuse or neglect to obey such order, the manager may, without resorting to a 
Civil Court, enter upon the property and summarily evict therefrom the said incumbrancer and any other 
person obstructing or resisting on his behalf. 

  Nothing  in  this  section  shall  be  held  to  affect  the  right  of  any  incumbrancer  to  receive,  under  the 
liquidation-scheme, the amount (if any) awarded to him under Part IV of this Act. 

22. **Power to inquire into consideration given for leases.**—If the property under management or any 
part thereof be in the possession of any person claiming to hold under a lease dated within the three years 
immediately  preceding  the  commencement  of  the  management,  the  manager  may  inquire  into  the 
sufficiency of the consideration for which the lease was given; and if such consideration appear to him 
insufficient, may by order, with the consent of the Commissioner, at any time after the liquidation-scheme 
has been sanctioned as aforesaid, either set aside the lease or require the person so in possession to pay such 
consideration for the said lease as the manager thinks fit, and in default of such payment, the lease shall be 
cancelled. 

23. **Power to lease.**—Subject to the rules made under section 31, the manager, after the liquidation-
scheme has been sanctioned as aforesaid, shall have power to demise all or any part of the property under 
management for any term of years not exceeding twenty years absolute, to take effect in possession, in 
consideration of the payment to him of any fine, or without fine, and reserving such rents, and under such 
conditions, as may be agreed upon. 

24. **Power to raise money by mortgage or sale.**—At any time after the liquidation-scheme has been 
sanctioned as aforesaid, the manager, with the previous assent of the Commissioner, shall have power to 
raise any money which may be required for carrying out such scheme— 

  (a) by mortgaging the whole or any part of the property under management for a term not exceeding 
twenty years from the publication of the order of management; or 

  (b) by charging the whole or any part of such property; or 

  (c) by selling, by public auction or by private contract, and upon such terms as the manager thinks 
fit, such portion of the said property as may appear expedient. 

25. **Manager’s receipt a discharge.**—The manager’s receipt for any moneys, rents or profits raised or 
received  by  him  under  this  Act,  shall  discharge  the  person  paying  the  same  therefrom  and  from  being 
concerned to see to the application thereof. 

26. **Termination of management.**—When  the  debts  and  liabilities  mentioned  in  the  liquidation-
scheme have been paid and discharged as therein provided, or in such other manner as the Commissioner 
thinks  fit,  the  manager  shall  publish  in  the  Bombay  Government  Gazette  a  notice  fixing  a  date  for  the 
termination of the management. 

**Restoration of owner.**—On the date so fixed the management shall terminate, and the owner shall be 
restored to the possession and enjoyment of the property under management, or of such part thereof as has 
not  been  sold  by  the  manager  under  the  power  conferred  by  section  24,  but  subject  to  the  leases  and 
mortgages (if any) granted and made by the manager under the powers conferred by sections 10, 23 and 24. 

27. **Death of debtor during management.**—If the debtor dies after the publication of the order of 
management  and  before  the  management  has  been  terminated  in  either  of  the  modes  hereinbefore 
provided— 

  *1st*, the management shall continue and proceed in all respects as if such debtor were still living; 

  *2ndly*,  any  person succeeding  to the  whole  or  any  portion of  the  property  under  management  shall, 
while such management continues, be subject in respect of such property to the disabilities imposed by 
clauses (b) and (c) of section 9; and 

  *3rdly*,  no  Civil  Court  in  British  India  shall,  during  the  continuance  of  the  management,  issue  any 
attachment or other process against any portion of the property under management, for or in respect of any 
debt or liability incurred by any such person whether before or after his said succession. 

28. **Mortgages, &c., made by restored Thakur valid only his life.**—When a Thakur has been restored 
under section 26 to the possession of any property, no mortgage, charge, lease or alienation of such property, 
or of any part thereof, made by such Thakur, shall be valid as to any time beyond his natural life. 

###VI.—OF APPEAL AND REVISION. 

29. **Appeal.**—An appeal against any decision or order under sections 14, 15, 16 and 22 or imposing a 
fine or imprisonment in exercise of the powers conferred by section 35, shall lie to the Commissioner, if 
preferred within six weeks from the date of such decision or order. 

There shall be no appeal against the decision of the Commissioner on such appeal. 

30. **Power to call for proceedings and pass order thereon.**—The Commissioner may, of his own 
motion or on the application of any person concerned, call for the proceedings in any case under this Act, 
and pass such order thereon, consistent with the provisions of this Act, as he thinks fit. 

###VII.—MISCELLANEOUS. 

31. **Power to make rules.**—The Local Government may, from time to time, make rules consistent with 
this Act— 

  (a) to regulate the security to be required from subordinate officers under this Act; 

  (b) to regulate the procedure in all cases under this Act; 

  (c) for the guidance of officers enquiring into and determining on claims under Part IV of this Act; 
and in particular as to the allowance of interest (if any) on each of the principal debts and liabilities so 
determined, from the date on which it was incurred down to the date of the determination, and on the 
aggregate  amount  of  such debts  and liabilities from  the  date  of  the  determination  down  to the  date 
payment, and as to the order of paying debts and liabilities; 

  (d) for investing any moneys received or raised by the manager under this Act in any Government 
securities of British India, and for the sale of such securities, and 

  (e) generally to carry out the provisions of this Act. 

  Such rules shall be published in the  Bombay Government Gazette.  and when so published shall 
have the force of law. 

32. **Power to appoint new manager.**—The Local Government may suspend or remove any manager, 
and  may  appoint  any  officer  in  the  stead  of  any  manager  appointed  under  this  Act;  and  thereupon  the 
management then vested under this Act in the former manager shall become vested in the new manager. 

Every such new manager shall have the same powers as if he had been originally appointed. 

33. **Managers and their agents to be public servants.**—Every manager appointed under this Act and 
every agent of such manager shall be deemed a  public servant within the meaning of the Indian Penal Code. 

34. **Investigation, a judicial proceeding.**—Every  investigation  conducted  by  the  manager  with 
reference to any claim preferred before him under this Act, or to any matter connected with any such claim, 
shall be taken to be a judicial proceeding within the meaning of the Indian Penal Code 

35. **Power to summon witnesses and compel production of documents.**— For the purposes of this 
Act,  the  manager  and  any  officer  making  an  enquiry  under  section  5  may  summon  and  enforce  the 
attendance of witnesses and compel them to give evidence, and compel the production of documents, by 
the same means and, as far as possible, in the same manner, as is provided in the case of a Civil Court by 
the Code of Civil Procedure. 

36. **Bar of suits.**—No suit or other proceeding shall be maintained against any person in respect of 
anything done by him bona fide pursuant to this Act 

37. **Saving of jurisdiction of Courts in Broach and Kaira in respect of certain suits.**—Nothing in 
this Act precludes the Courts in Broach and Kaira having jurisdiction in suits relating to the succession to 
any immoveable property brought under the operation of this Act from entertaining and disposing of such 
suits; but to all such suits the manager of such property shall be made a party. 

38. **Exemption of certain Thakurs from certain provisions of Act.**—Nothing in section 9 shall be 
deemed to render any of the following Thakurs, namely, the Thakur of Ahmod, the Thakur of Sarod, the 
Thakur of Kewara, the Thakur of Dehej, and the Thakur of Janiadra incompetent to enter into contracts 
involving him in pecuniary liability, nor shall anything in section 28 apply to any of the said Thakurs: 

  Provided that, if any such Thakur has, since the scheme for the settlement of his debts and liabilities 
was approved under section 11 of the said Act No. XV of 1871, enter into any contract involving him in 
pecuniary liability exceeding the average annual income derived during the previous five years from his 
immoveable  property  after  deducting  therefrom  the  land-tax  and  other  dues  of  Government,  the  Local 
Government may, by notification in the Bombay Government Gazette, declare that the exemption made by 
the former part of this section shall cease in his case, and thereupon such exemption shall cease accordingly. 

39. **Amendment of Bombay Act VI of 1862.**—And whereas doubts have been raised as to the validity 
of  Bombay  Act  No.  VI  of  1862 *(for  the  amelioration  of  the  condition  of  Taluqdars  in the  Ahmedabad 
Collectorate, and for their relief from debt)* so far as it purports to affect the High Court of Judicature at 
Bombay, for the purpose of precluding such doubts, it is hereby further enacted that the said Act, so far as 
it purports to affect the said High Court shall be deemed to be and to have been valid. 

40. **Taluqdari Settlement-officer to be.**—The  said  Taluqdari  settlement-officer  for  the  time  being 
shall, unless the Local Government in any case otherwise directs, be— 

  (a) **Deemed an officer under Bombay Act VI of 1862, section 1**; deemed  to  be  an  officer 
appointed under section 1 of the said Bombay Act No. VI of 1862, to manage all estates with respect 
to which a declaration is or has been made and published under the said section; 

  (b) **Assistant to certain Collectors.** an Assistant to the respective Collectors of Ahmedabad, Kaira 
and Broach. 

41. **Acts of Taluqdari Settlement officer valid.**—Nothing  heretofore  done  by  any  Taluqdari 
Settlement-officer shall be deemed to be or to have been invalid by reason only of his not having been duly 
appointed, 

  (a) under section 1 of the said Bombay Act No. VI of 1862, to manage any estates with respect to 
which a declaration has been made under the said section, or 

  (b), to be a manager under the said Act No. XV of 1871, or 

  (c), to be an Assistant to the respective Collectors of Ahmedabad, Kaira and Broach. 