Bihar Disqualified Owners' (Management of Property) Act, 1952

{
    "id": 15254,
    "slug": "bihar-disqualified-owners-management-of-property-act-1952",
    "title": "Bihar Disqualified Owners' (Management of Property) Act, 1952",
    "short_title": "Bihar Disqualified Owners' (Management of Property) Act, 1952",
    "act_number": "Bihar Act 2 of 1955",
    "act_year": 1952,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Bihar Disqualified Owners' (Management of Property) Act, 1952",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(1) \"disqualified owner\" means a person who, immediately before the commencement of this Act, was a holder of immovable property in respect of which an order under Section 2 of the Chota Nagpur Encumbered Estates Act, 1876, has been published in the Official Gazette, or was a ward whose person or property or both were placed under the charge of the Court of Wards under clauses (a), (b), (c) or (f) of sub-section (1) of Section 6 of the Court of Wards Act, 1879, and whose estates or tenures have passed to and become vested in the State Government in consequence of a notification published under sub-section (1) of Section 3 of the Bihar Land Reforms Act, 1950, in respect of such estates or tenures and who, after such commencement.-\n(i) is declared by the State Government to be-\n(a) a minor, or\n(b) a person incapable of managing or unfit to manage his own property owing to any physical or mental defect or infirmity unfitting him for the management of his own property;\n(ii) stands adjudged by a competent Civil Court to be of unsound mind and incapable of managing his affairs;\nExplanation.\n(2) \"District Judge\" means the principal Civil Court of original jurisdiction of the district, the Collector of which is the Managing Collector under the rules framed under Section 70 of the Court of Wards Act, 1879;\n(3) \"estate\" and \"tenure\" have the same meanings as are respectively assigned to them in Section 2 of the Bihar Land Reforms Act, 1950;\n(4) \"minor\" means a person who has not completed the age of twenty-one years; and\n(5) \"prescribed\" means prescribed by Rules made under this Act.\nChapter II\nJurisdiction and Powers of the Collector",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Powers of the Collector to take charge of person and other properties of disqualified owner.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Collector not authorised to take or retain charge of property of a joint Hindu family if any of its members attain majority and is not adjudged to be of unsound mind.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Finality of order of State Government in case of certain dispute.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Collector to deal with person and property subject to the previous approval of State Government in certain matters.",
            "chapter": null,
            "content": "(1) the previous approval of the Commissioner in following matters, namely:-\n(a) expenditure exceeding Rs. 500 but not exceeding Rs. 1,000 on any item, not specified in this clause of the proviso but always connected with the purposes of this, Act;\n(b) in the case of properties of a disqualified owner, the annual gross income of which does not exceed Rs. 50,000 the estimate, of income and expenditure for each year;\n(c) every proposal for sale or purchase of property at a price exceeding Rs. 5,000 but not exceeding Rs. 10,000;\n(d) every proposal for the giving of leases or farms of the whole or part of any property when the annual rental of the lease or farm exceeds Rs. 500 but does not exceed Rs. 1,000;\n(e) every proposal for raising a loan upto Rs. 5,000 in any particular year on the security of the whole or any part of the property of any disqualified owner;\n(2) the previous approval of the State Government in the following matters, namely:-\n(a) the creation of, and the appointment of any person to any post, the salary of which exceeds Rs. 200 a month;\n(b) in the case of all properties of disqualified owners retained under the management of the Collector-\n(i) the estimates of income and expenditure for the first year after the Collector assumes charge;\n(ii) expenditure exceeding Rs. 1000 on any item, not specified in this clause of the proviso but always connected with the purposes of this Act;\n(c) in the case of properties of a disqualified owner, the annual gross income of which exceeds Rs. 50,000, the estimates of income and expenditure for each year;\n(d) in the case of properties of a disqualified owner, the aggregate annual income of which is Rs. 50,000 or less, all new items involving recurring expenditure;\n(e) every proposal for sale or purchase of property at a price exceeding Rs. 10,000;\n(f) every proposal for the giving of leases or farms of the whole or part of any property when the annual rental of the lease or farm exceeds Rs. 1,000;\n(g) every proposal for taking a loan exceeding Rs. 5,000;\n(h) every proposal for the delegation of the powers of the Collector to any officer or authority; and\n(i) every proposal for the residence or education of a minor or a female disqualified owner outside the State of Bihar.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Constitution of Advisory Committee and its functions.",
            "chapter": null,
            "content": "(a) three shall be members of the Bihar Legislative Assembly to be elected in the prescribed manner by the said Assembly;\nthree\n(b) two shall be members of the Bihar Legislative Council to be elected in the prescribed manner by the said Council;\ntwo\n(c) one shall be a non-official to be appointed by the State Government; and\none\n(d) one shall be an official, who shall also be the Secretary to the Committee, to be appointed by the State Government.\none",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Withdrawal from the charge of person or property by the Collector.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Procedure when succession to property disputed.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. General powers of the Collector.",
            "chapter": null,
            "content": "(a) may through his Manager, do all such things requisite for the proper care and management of any property, of which he takes charge under Section 3, as the owner of any such property, if not disqualified, might do for its care and management; and\n(b) may, in respect of the person of the disqualified owner, do all such things as might be lawfully done by the legal guardian of such owner.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Establishment and expenses.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Power to manage property.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Appointment of managers and guardians.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Custody education and residence of disqualified owner.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Allowance for disqualified owner and his family.",
            "chapter": null,
            "content": "Chapter III\nManagement and Guardianship",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Collector when to be deemed manager.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Powers of manager.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. General duty of manager.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Specific duties of manager.",
            "chapter": null,
            "content": "(a) have the care of so much of the property of a disqualified owner as the Collector may direct;\n(b) give such security (if any), as the Collector thinks fit, to the Collector duly to account for all such property and for what he shall receive in respect of such property;\n(c) continue liable to account to the Collector, after he has ceased to be manager, for his receipts and disbursements during the period of his management;\n(d) pass his accounts at such periods and in such form as the Collector may direct;\n(e) pay the balance due from him thereon;\n(f) apply for the sanction of the Collector to any act which may involve the property in expense not previously sanctioned by the Collector;\n(g) sign all papers, deeds, documents and writings which may be executed by him by virtue of his office;\n(h) be entitled to such allowance, to be paid out of the property, as the Collector may think fit, for his care and pains in the execution of his duties; and\n(i) be responsible for any loss occasioned to the property by his wilful default or gross negligence.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. General duty of guardian.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Specific duties of guardian.",
            "chapter": null,
            "content": "(a) give such security (if any), as the Collector thinks fit, to the Collector for the due performance of his duties;\n(b) pass his accounts at such periods and in such form as the Collector may direct;\n(c) pay the balance due from him thereon,\n(d) continue liable to account to the Collector, after he has ceased to be guardian, for his receipts and disbursements during the period of his guardianship;\n(e) apply for the sanction of the Collector to any act which may involve expense not previously sanctioned by the Collector, and\n(f) be entitled to such allowance, to be paid out of the property of the disqualified owner, as the Collector may think fit for his care and pains in the execution of his duties.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. No person to be guardian who can succeed to the disqualified owner.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Guardian of female qualified owner.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. Sums due recoverable as public demands.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "25. Collector may order guardian or manager to make over property.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26",
            "title": "26. Application of moneys received by manager.",
            "chapter": null,
            "content": "(i) the payment of all charges necessary for the maintenance, education and religious observances of the disqualified owner and his family, and for the management and supervision of the property of such owner;\n(ii) the payment of all rents, cases and other demands due in respect of any land held on behalf of the owner, the liquidation of debts payable by the owner, the payment of all expenses which may be necessary to protect the interests of the owner in the Civil Courts or otherwise, the maintenance in an efficient condition of the buildings and other immovable property belonging to the owner, and the payment of such religious, charitable and other allowances as may be considered necessary and proper by the State Government and such allowances and donations befitting the position of the owner's family as the Collector may authorise to be paid; and\n(iii) the improvement of the land and property of the owner, and the benefit of the owner, and his property generally.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "27",
            "title": "27. Power to invest surplus.",
            "chapter": null,
            "content": "Chapter IV\nSuit",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "28",
            "title": "28. Chapter IV not to apply to suits or proceedings referred to in Chapter V.",
            "chapter": "Chapter IV",
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "29",
            "title": "29. Manager or Collector to be next friend or guardian in suits by or against disqualified owner.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "30",
            "title": "30. Power of Collector to authorise manager to bring suits on behalf of disqualified owner.",
            "chapter": null,
            "content": "Explanation.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "31",
            "title": "31. Substitution of manager in pending suits.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "32",
            "title": "32. Collector may substitute another person to be next friend or guardian for the suit.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "33",
            "title": "33. Payment of costs.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "34",
            "title": "34. Process against disqualified owners to be served through the Collector.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "35",
            "title": "35. Suit not to be brought on behalf of disqualified owners unless authorised by the Collector.",
            "chapter": null,
            "content": "Chapter V\nGuardianship of a disqualified owner for litigations arising out of or under the Bihar Land Reforms Act, 1950",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "36",
            "title": "36. District Judge to be guardian of the disqualified owner's estate or tenure.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "37",
            "title": "37. Removal of guardian.",
            "chapter": null,
            "content": "(a) for abuse of his trust;\n(b) for continued failure, or for incapacity to perform the duties of his trust;\n(c) for continuous disregard of any provisions of this Chapter or of any order of the Court;\n(d) for conviction of an offence implying, in the opinion of the District Judge, a defect of character which unfits him to be the guardian;\n(e) for having an interest adverse to the faithful performance of his duties;\n(f) for ceasing to reside within the local limits of the jurisdiction of the District Judge; and\n(g) for bankruptcy or insolvency.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "38",
            "title": "38. Discharge of guardian.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "39",
            "title": "39. Duties of the District Judge or the person appointed as guardian.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "40",
            "title": "40. Power of the District Judge.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "41",
            "title": "41. Notice of certain suit to be given to the District Judge.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "42",
            "title": "42. Approval of the District Judge required to compromise, etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 41
        },
        {
            "number": "43",
            "title": "43. Facilities to be given to the District Judge by the Collector.",
            "chapter": null,
            "content": "Chapter VI\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 42
        },
        {
            "number": "25",
            "title": "44. Penalty for disobeying orders under Section 25.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 43
        },
        {
            "number": "45",
            "title": "45. Penalty for disobeying order of the Collector.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 44
        },
        {
            "number": "46",
            "title": "46. Person employed by the Collector to be public servant.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 45
        },
        {
            "number": "47",
            "title": "47. Disabilities of disqualified owner.",
            "chapter": null,
            "content": "(a) to transfer or create any charge on, or interest in, any part of his property which is under the charge of the Collector, or to enter into any contract which may involve him in pecuniary liability; but nothing in this clause shall be deemed to affect the capacity of such owner to enter into a contract of marriage:\n(b) to dispose of his property by will , without the consent in writing of the State Government given either previously or subsequently to the making of the will but during the lifetime of the testator:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 46
        },
        {
            "number": "48",
            "title": "48. Exemption of disqualified owner's property from execution proceedings in certain cases.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 47
        },
        {
            "number": "49",
            "title": "49. Deeds and other instruments.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 48
        },
        {
            "number": "50",
            "title": "50. Procedure when Collector's jurisdiction ceases.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 49
        },
        {
            "number": "51",
            "title": "51. Recovery of expense incurred on account of property in charge of Collector.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 50
        },
        {
            "number": "52",
            "title": "52. Power of Collector in making inquiry.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 51
        },
        {
            "number": "53",
            "title": "53. Appeals.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 52
        },
        {
            "number": "54",
            "title": "54. Control by Commissioner.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 53
        },
        {
            "number": "55",
            "title": "55. Control of the State Government.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 54
        },
        {
            "number": "56",
            "title": "56. Bar of suits and other proceedings.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 55
        },
        {
            "number": "57",
            "title": "57. Saving.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 56
        },
        {
            "number": "58",
            "title": "58. Power of the State Government to make rules.",
            "chapter": null,
            "content": "(a) prescribing the duties and functions of the Advisory Committee constituted under Section 7, the manner of election of members by the Bihar Legislative Assembly and the Bihar Legislative Council and the period for which members shall hold office;\n(b) the manner in which the surplus shall be invested under Section 27;\n(c) the manner in which copies of notice under Section 50 shall be published;\n(d) prescribing what reports shall be made from time to time by Collectors on the condition of the disqualified owner and his property;\n(e) defining the powers of Commissioners and Collectors respectively when the property of a disqualified owner is situate in two or more districts or in two or more divisions;\n(f) prescribing the periods at which and the mode in which accounts shall be submitted by managers and guardians, respectively, and the mode in which such accounts shall be audited;\n(g) regulating the custody of securities and title deeds belonging to the property of a disqualified owner; and\n(h) prescribing the procedure to be observed when a property ceases to be under the charge of the Collector.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 57
        }
    ],
    "metadata": {
        "Act ID": "bh187",
        "Act Number": "Bihar Act 2 of 1955",
        "Enactment Date": "",
        "Act Year": "1952",
        "Short Title": "Bihar Disqualified Owners' (Management of Property) Act, 1952",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:55:19"
}