Sindh Incumbered Estates Act, 1896

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THE SINDH INCUMBERED ESTATES ACT, 1896 
 
              
 
CONTENTS 
CHAPTER I 
PRELIMINARY 
1.  Title and commencement 
2.  Definitions 
CHAPTER II 
OF THE APPLICATION AND PRELIMINARY INQUIRY 
 
3.  Application for the benefit of this Act 
4.  Order to inquire 
5.  Interim order of protection 
6.  Verified statement to be submitted 
7.  Report of inquiry and proceedings thereon 
CHAPTER III 
OF THE ORDER OF MANAGEMENT 
 
8.  Order of management 
9.  Effect of order of management 
10.  Powers of manager 
11.  Payments to be made by manager and order thereof 
CHAPTER IV 
PROOF OF DEBTS AND SCHEME FOR LIQUIDATION 
 
12.  Notice to claimants against debtors 
 
 

 
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13.  Claimants to present full particulars and documents 
14.  Claim not duly notified to be barred 
15.  Determination of debts and liabilities 
16.  Power to rank debts and to fix interest 
17.  “Liquidation­scheme” 
18.  Proceedings of Commissioner on submission of Liquidation­scheme 
19.  Power to relinquish management 
CHAPTER V 
OF THE PROCEEDINGS SUBSEQUENT TO SANCTION OF THE 
LIQUIDATION­SCHEME. 
 
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.  Separation of part of jagir lands subject to lapse 
26.  Manager's receipt to be a discharge 
27.  Termination of management 
28.  Death of debtor during management 
29.  Mortgages, etc., made by restored jagirdar valid only for his life 
30.  Power to revise liquidation­scheme 
CHAPTER VI 
OF APPEAL AND REVISION 
 
31.  Appeal 
32.  Power to call for proceedings and pass order thereon. 
 
 
 
 
 
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CHAPTER VII 
MISCELLANEOUS 
 
33.  Power to make rules 
34.  Power to appoint new manager 
35.  Managers to be public servants 
36.  Investigation to be deemed a Judicial proceeding 
37.  Power to summon witnesses and compel production of documents 
38.  Bar of suits 
39.  Saving of jurisdiction of Courts in Sindh in respect of certain suits 
 
 
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THE SINDH INCUMBERED ESTATES ACT, 1896 
 
1Act No. XX OF 1896 
 
 
[16th October, 1896] 
 
An act to amend the law providing for the relief of jagirdars and zamindars in Sindh. 
 
 WHEREAS it is expedient to amend the law providing for the relief of jagirdars and 
zamindars in Sindh; It is hereby enacted as follows:— 
 
CHAPTER I 
 
PRELIMINARY 
 
 1. Title and commencement.—(1) This Act may be called the Sindh incumbered Estate Act, 
1896; and 
 (2) It shall come into force at once. 
 
 2. Definitions. In this Act— 
 
 (1) “Jagir land” includes also  a  share held  hereditarily of  the  revenues of  a 
Government village, but does not include siri or mamul or garden grants: 
 
 (2) “jagirdar” means a person who, or whoes ancestor, was found in possession of jagir land 
in Sindh on the seventeenth day of February, 1843, and to whom the said land, or a portion of the 
same, or other land in lieu thereof, has been continued by the 2*Government, 3[as a jagir]: 
 
 (3) “zamindar” means a person holding lands in Sindh on the aggregate of which he or his 
ancestor has been assessed by the Government, on account of land- revenue for any one of the five 
revenue-years next before the 4[making of an application under section 3 by or in respect of or on 
behalf of such person] a sum  not less than three hundred rupees; and a person holding l ands in 
Sindh which, having been comprised in the jagir lands of a jagirdar and having ceased to be 
jagir lands, are as essed by the Government on account of land revenue at a sum not less than 
three hundred rupees per year, and, where a joint family or any other body of co - owners hold 
lands of either of those descriptions, each member of that family or body who would be entitled to 
demand a partition of the lands: and 
 
 (4) “Commissioner” means the Commissioner in Sindh. 
 
 
                                                                                                                                                           _ 
1For Statement of Objects and Reasons, see Gazette of India, 1896, Pt. V.p. 252; and for Proceedings in Council, see ibid., Pt. VI , pp. 236 and 
243. 
This Act has been and shall be deemed to have been extended to the whole of Pakistan by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 
1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955). 
This Act has been amended in its application to the Province of Sind by the Sind Act, No. 17 of 1975, s. 3 and 2nd Sch. 
2The word “British” omitted by A.O., 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956). 
3Subs. by the Sindh Incumbered Estates (Amdt.) Act, 1906 (2 of 1906), s.2(a), for “and to whom, or to whose ancestor, a sanad has been, or 
hereafter may be, granted confirming such continuance”. 
4Subs. by s. 2(b), ibid., for “commencement of this Act”. 
 
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CHAPTER II 
OF THE APPLICATION AND PRELIMINARY INQUIRY 
 
 3. Application for the benefit of this Act.—(1) At any time after the commencement of this 
Act, any jagirdar or zamindar or any person who would be sole heir or one of the heirs to 
such j agirdar or zamindar if he then died intestate, may apply in  writing to  the Commissioner, 
stating th at such jagirdar or zamindar is  subject to debts or liabilities, other than debts due, or 
liabilities incurred,  l[to  the  Government], or  that  his  immoveable property is  charged  with  
debts  or li abilities other, than as aforesaid, and requesting that the provisions of this Act be applied 
to his case. 
 
 (2) When any jagirdar, zamindar 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. 
 
 
 4. Order to inquire.—(1) When any such application is made by or on behalf of a jagirdar or 
the person who would be his sole heir if he then died, the Commissioner shall direct an inquiry 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. 
 
 (2) 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 2[Pro - 
vincial Government] in this behalf, either to reject such application, or to direct an inquiry to be 
made as aforesaid. 
 
 3[5. Interim order of protection.—(1)] When the Commissioner has directed an inquiry 
under section 4, he may, if he thinks fit, further direct that, until he dismisses the application or 
appoints an officer under section 7, sub-section (2), clause (c),-  
 
(a)     all  proceedings then  pending in  any Civil  or  Revenue Court or  Office in 
l[Pakistan], in respect of any of the debts and liabilities to which the debtor is 
subject, or which are charged on the whole or any p art of his immoveable 
property, 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; and 
 
 
 
 
 
 
 
 
1The original words “to Govt.” have successively been amended by A.O., 1937 and A.O., 1961, Art. 2 (with effect from the 23rd March, 1956) to read 
as above. 
2Subs. by A. O., 1937, for “Governor of Bombay in Council”. 
3The original. s. 5 was re-numbered as sub-section (1) of that section by the Sindh Incumbered Estates (Amdt.) Act, 1906 (2 of 1906),  s. 3. 
 
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(b)    no fresh proceedings, processes, execution or attachments shall be instituted in, 
or issued by, any Civil Court or Revenue Court or Office in  l[Pakistan] 
in respect of such debts and liabilities. 
 
2[(2) Every direction given under sub-section (1) shall be deemed to afford protection 
to sureties of the debtor as well as to the debtor himself, unless in any case a 
surety has, by his bond, expressly accepted liability thereunder in the event of 
an 'order being made in respect of the debtor's property under section 7, sub-
section (2), clause (c).] 
 
 6. Verified statement to be submitted.—(1) When an inquiry has been directed under 
section 4, the applicant shall, within a period to be fixed by the Commissioner, submit to the officer 
appointed to make such inquiry 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 immovable, to meet the same, as the Commissioner, or the 
said officer subject to his control, may require. 
  
 (2) 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 Pakistan Penal Code (XLV of 
1860). 
 
 7. Report of inquiry and proceedings thereon.—(1) The officer so appointed, after 
making inquiry, shall submit a report of the proceedings to the Commissioner. 
 
 (2) On receipt of such report, the Commissioner may—  
 
(a)       direct a further inquiry; or 
 
(b)       dismiss the application; or, 
 
(c)     by order published in  the  3[official Gazette], appoint an  offi cer  
(hereinafter called the manager) to manage the moveable property of the 
debtor, and to arrange for the liquidation of his debts in manner hereinafter 
provided. 
 
CHAPTER III 
OF THE ORDER OF MANAGEMENT 
 
 8. Order of management.—(1) An order made under section 7, sub-section (2), clause (c) 
(hereinafter called “the order of management”), shall extend to all immoveable property, including 
any interest in joint immoveable property, of or to whi ch the debtor is on the date of its publi cation 
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, and to the amount of any loan which may be received by the manager in 
the manner hereinafter provided. 
 
1Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for “the 
Provinces and the Capital of the Federation”, which had been subs. by A. 0.,1949, Arts. 3 (2) and 4, for “British India”. 
2Sub-section (2) ins. by the Sindh Incumbered Estates (Amdt.) 1906 (2 of 1906), s.3. 
3Subs. by A.O., 1937, for “Sindh Official Gazette”. 
 
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 (2) The management sh all be deemed to commence from the date on which the order is  
published. 
 
 9. Effect of o rder of management.  On the publi cation of the ord er of management the 
following consequences shall ensue:— 
 
 (1) all proceedings then pending in any Civil Court or Revenue Court or Office in 
1[Pakistan] in respect to the debts and liabilities mentioned in  section 8 shall be st ayed; and the 
operation of all processes, executions and attachments then in for ce for, or in respect of, such 
debts and liabilities shall be suspended; 
 
 
 (2) so long  as the management continues, no fresh proceedings, processes, executions or  
attachments shall be instituted in or issued by any Civil Court or Revenue Court or Office in 
1[Pakistan] in respect of such debts and liabilities; 
 
 2[(2a) clauses (1) and (2) shall be deemed to afford protection to sureties of the debtor as 
well as to the debtor himself, unless in any case a surety has, by his bond, expressly accepted 
liability thereunder in the event of an order being made in respect of the debtor’s property under 
section 7, sub-section (2), clause (c);] 
 
 (3) so long as the management continues, the debtor shall be incompetent- 
 
(a)  to enter into any contract involving him in pecuniary liability, or 
 
(b)  to mortgage, charge, lease or alienate the property under management or any 
part thereof, or 
 
(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; 
 
 (4) 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. Powers of manager. 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, 3[profits and other sums] due in respect of the property under management, and for 
the purpose of recovering such rents, 3[profits and other sums] shall have, in addition to any powers 
possessed by a jagirdar or zamindar, as the case may be, all the powers possessed by a Collector 
under the law for the time being in force for the recovery of  land-revenue due  to Gov ernment, 
4[including the power conferred by section 176 of the Bombay Land -revenue Code, 1879 
(Bom.V of 1879)]: 
 
1Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955),. for “ the 
Provides and the Capital of the Federation” which had been subs. by A.O., 1949, Arts. 3(2) and 4, for “British India”. 
2Clause (2a) ins. by the Sindh Incumbered Estates (Amdt.) Act, 1906 (2 of 1906), s.4. 
3Subs. by the Sindh Incumbered Estates (Amdt.) Act, 1906 (2 of 1906), s. 5 (a), for “and profits”. 
4Ins. ibid., s.5 (b) 
 
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 Provided that he shall not, before the liquidation-scheme hereinafter mentioned has b een 
sanctioned, demise the property under management, or any part thereof, for any term exceeding two 
years, to take effect in possession. 
 
 11. Payments to be made by manager and order thereof.—(1) From the sums received or 
recovered under section 10, the manager shall pay- 
 
first, the costs of the management, including the costs of necessary repairs; 
 
secondly, the Government revenue and all debts and liabilities for the time being due or  
incurred  1[to the Government] in respect of the property under management; 
 
thirdly, the rent (if any) due to the jagirdar or other superior holder in respect of the said 
property; 
 
fourthly, such periodical allowances as the Commissioner may, from time to time, fix for the 
maintenance of the debtor and his family ; 
 
fifthly, the cost of such improvements of the said property as he thinks necessary, and are 
approved by the Commissioner. 
 
 (2) The residue shall be retained by the manager for the liquidation, in manner hereinafter 
provided, of the debts and liabilities mentioned in section 8 other than those so due or incurred l[to 
the Government], and also for the repayment, either before or after the liquidation of such debts and 
liabilities, of any loan received by the manager under this Act. 
 
CHAPTER IV 
 
PROOF OF DEBTS AND SCHEME FOR LIQUIDATION 
 
 12. Notice to claimants against debtors. On the publication of the order of management, 
the manager shall publish in the 2[official Gazette] a notice in English and Sindhi, 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 months from the date of the publication, and shall also cause 
copies of such notice to be exhibited at the mukhtiarkar’s kachahris in the district in which the said 
property lies, and at such other places as he thinks fit. 
 
 13. Claimants to present full particulars and documents.—(1) Every such claimant shall, 
along with his claim, present full particulars thereof. 
 
 (2) 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.   
 (3) If the  document is an entry in any book, the claimant shall produce the book to the 
manager, together with a copy of the entry on 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. 
 
 (4) 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 r eceive such 
document in evidence on the claimant's behalf at the investigation of the case. 
 
 
1The original words “to Government” have successively been amended by A. 0., 1937, and A. 0., 1961, Art. 2 (with effect from the 23rd March, 
1956) to read as above. 
2Subs. by A.O., 1937, for “Sindh official Gazette”. 
 
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 14. Claim not duly notified to be barred. Every such claim (other than claims 1[of the 
Government] not notified to the manager within the time and in the manner required by such 
notice sh all, 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: 
 
 Provided that, when proof is made to the manager that the claimant was unable to comply 
with the provisions 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 be made under this Act, determine the amount of the 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. L iquidation scheme.-(1) When the total amount of the debts and liabilities 
(including those due and incurred 1[to the 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) showing 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. 
 
 (2)  Every  liquidation-scheme  s hall  further  provide  for  the  continuance  of  the 
payments to be made by the manager under section 11, and for the rep ayment of the money (if 
any)  which  the  manager  propos es  to  borrow  under  this  Act;  and  may  provide  f or  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 liquidation 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  su ch modifications as he may 
deem expedient. 
 
 
1The original words “to Government” have successively been amended by A.O., 1937, and A.O., 1961, Art. 2 (with effect from the 23rd March, 
1956), to read as above. 
 
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 19. Power to relinquish management.—(1) At any time before he has sanctioned a 
liquidation scheme under section 18, the Commissioner may, by an order published in the l[official  
Gazette],  direct  that  on  a  date  fixed  by  such  order  the  management  shall  be relinquished. 
 
 (2) 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 granted under section 10 ; 
 
(c)    any residue of the rents and profits of the said property retained under section 
 11, sub-section (2), 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. 
(3)  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. 
 
CHAPTER 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 
2[Provincial Government] may from time to time by rule direct; and thereupon- 
  
 (1)  all proceedings, pr ocesses, executions and attachments stayed or suspended und er 
section 9 shall be for ever barred, and 
 
 (2)  every debt or liability due or owing to any person which was provable before the  
manager shall  be  extinguished; and  such person shall  be  entitled to r eceive under the 
liquidation-scheme the amount (if any) finally awarded to him under Chapter IV in respect of such 
debt or liability. 
 
 21. Power to remove mortgagee in possession.—(1) If the property under management or 
any part thereof is 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. 
 
(2) if such incumbrancer refuses or neglects to obey such order, the manager may, without resorting 
to a Civil Court, enter upon the property and summarily evict the refrom the said incumbrancer 
and any other person obstructing or resisting on his behalf. 
 
1Subs. by A. 0., 1937, for “Sindh official Gazette” 
2Subs. ibid., for “L. G.”. 
 
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 (3) Nothing in this section shall be held to affect the right of any incumbrancer to r eceive, 
under the liquidation-scheme, the amount (if any) awarded to him under Chapter IV. 
 
 
 1[22. Power to inquire into consideration given for leases .—(1)] If the property under 
management or any part thereof is in the possession of any person claiming to hold under a lease,  2* 
* * the manager, with the sanction of the Commissioner, may inquire into the sufficiency of the 
consideration for which the lease was granted, and if such consideration appears t o him insufficient, 
may by written order, at any time after the liquidation -scheme bas 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. 
 3[(2) Whenever the manager sets aside or cancels a lease under sub-section (1), he shall, by 
written order, award to the lessee such compensation, if any, as may appear to the manager to be 
equitable in the circumstances; and, subject to the provisions of Chapter VI, no compensation in 
excess of the amount so awarded shall be recoverable by the lessee in a Civil Court or otherwise. 
 
 (3) Any compensation awarded by the manager under sub-section (2) shall be deemed to be 
a debt mentioned in section 8, and shall rank in priority to all other debts and liabilities other than 
debts or liabilities due or incurred 4[to the Government]. 
 
 
 (4) If any lessee whose lease has been so set aside or cancelled refuses or neglects to give up 
possession when required to do so by the manager, the manager may, without resorting to a Civil 
Court, enter upon the property and summarily evict therefrom the said lessee and any other person 
obstructing or resisting on his behalf.] 
 
 23. Power to lease.  Subject  to  the  rules  made  under  section  33,  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. 
 
 524. 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 demising by way of mortgage 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 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; or 
 
1The original section 22 was re-numbered as section 22 (1) by the Sindh Incumbered Estates (Amdt.) Act, 1906 (2 of 1906), s. 6(a). 
2The words “dated within the three years immediately preceding the commencement of the management” were rep. ibid., s. 6 (b). 
3Sub-sections (2), (3) and (4) ins. ibid., s. 6(c). 
4See page No. 8, Foot note No. 1  
5This section has been amended in its application to the Province of West Pakistan (except the Capital of the Federation) by West Pakistan Act 16 of 
1957, s. 3 (3) and 3rd Sch. (with effect from the 14th October, 1955). 
 
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(c)     by  borrowing money at  such  rate  of  interest  as  appears  reasonable to  
the 1[Provincial Government]. 
 
 25. Separation of part of jagir lands subject to lapse. When jagir land under management 
is held on this condition, that on the happening of a certain event a share of the land shall lapse, but 
that it shall be in the discretion of the person then entitled as jagirdar to divide off and relinquish in 
respect of the lapse such part of the land, being a fair equivalent of that share, as he thinks fit, the 
manager may, if he deems it convenient for the better exercise of the powers conferred by sections 
23 and 24, at any time, after such consultation with persons interested as he thinks necessary, allot 
by written order, for relinquishment on  the happening of the event, such part of the  land as he 
thinks fit ; and thereupon that part and no other shall, on the happening of the event, be 
relinquished. 
 
 26. Manager’s receipt to be a discharge. The manager's receipt for any moneys, rents or 
profits r aised 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. 
 
 27. Termination of  management.—(1) When the debts and liabilities mentioned in the 
liquidation-scheme and the amount of any loan received under section 24, clause (c), together with 
the interest (if any) due there on, have been paid and discharged, the manager shall publish in the 
2[official Gazette] a notice fixing a date for the termination of the management. 
 
 (2) 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. 
 
 
 28. Death of debtor during management. If the debtor dies after the publication of the  
order of management and before the management has b een terminated in either of the modes 
hereinbefore provided,— 
 
 (1) the management shall continue and proceed in all respects as if such debtor were still 
living ; 
 
 (2) 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 section 9, clause (3), sub-clauses (b) and (c) ; and 
 
 (3) no  Civil Court or Revenue Court or Office in 3[Pakistan] 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. 
 
 
1Subs. by A. O., 1931, for “L. G.”. 
2Subs. ibid., for “Sindh official Gazette”. 
3Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for” the 
Provinces and the Capital of the Federation” which had been subs. by A. O., 1949, Arts. 3 (2) and 4, for “British India”. 
 
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 29. Mortgages, etc., made by restored jagirdar valid only for this life. When a jagirdar 
or zamindar has been restored under section 27, sub-section (2), to the possession of any property, 
no mortgage, charge, lease or alienation of such property, or of any part thereof, made or granted by 
such jagirdar or zamindar shall be valid as to any time beyond his natural life 1[unless made or 
granted with the previous sanction of the Commissioner], 2[or in the case of a loan granted under 
the Land Improvement Loans Act, 1883 (XIX of 1883), or the Agriculturists, Loans Act, 1884 (XII 
of 1884), with the previous sanction of the officer granting such loan]. 
 
 30. Power to revise liquidation scheme. Notwithstanding anything contained in this Act, 
the Commissioner may, at any time after he has, whether before or after the commencement of this 
Act, sanctioned the liquidation scheme, revise and modify the same, but not so as to affect the right 
of any person to receive in full before the termination of the management the amount finally 
awarded to him under Chapter IV. 
 
CHAPTER VI 
OF APPEAL AND REVISION 
 
 31. Appeal.—(1) An appeal against any decision or order under sections 14, 15, 16 and 22, 
and imposing a fine or imprisonment in exercise of the powers conferred by section 37, shall lie to 
the Commissioner, if preferred within six weeks from the date of such decision or order. 
 
 (2) There shall be no appeal against the decision of the Commissioner on such appeal. 
 
 3[32. Power to call for proceedings and pass order thereon. The Provincial Government 
may, of its 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 it 
thinks fit.] 
 
CHAPTER VII  
MISCELLANEOUS 
 
 33. Power to make rules.—(1) The Commissioner, with the previous sanction of the 
4[Provincial 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 inquiring into and determining on claims under 
Chapter IV ; 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 in curred 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 of p ayment, and as to the order of paying debts and liabilities 
and repaying any loan received hereunder; 
 
(d)    for investing any moneys received or raised by the manager under this Act in 
any Government securities of 5[Pakistan], and for the sale of such 
securities; and 
 
(e)    generally to carry out the provisions of this Act. 
 
1Ins. by the Bombay Repealing and Amending Act, 1919 (Bom. 2 of 1919), s. 2 and Sch..1. 
2Ins. by the Sindh Incumbered Estates (Amdt.) Act, 1929 (Bom. 11 of 1929), s. 2. 
3Subs. by the Sind Incumbered Estates (Amdt.) Act, 1951 (Sind Act l7 of 1951), s. 2, for the original s. 32. 
This section has been amended in its application to the Province of West Pakistan (except the Capital of the Federation), by the West Pakistan 
Act 16 of 1957, s. 3 (3) and 3rd Sch. (with effect from the 14th October, 1955).4 
4Subs. by A. 0., 1937, for “Governor of Bombay in Council”. 
5Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960) s. 3 and 2nd Sch. (with effect from the 14th  October, 1955), for “the 
Provinces and the Capital of the Federation” which had been subs. by A. O., 1949, Arts. 3 (2) and 4, for “British India”. 
 
Page 14 of 14 
 
 (2) Such rules shall be published in the 1[official Gazette], and shall thereupon have the force 
of law. 
 
 34. Power to appoint new manager. Whenever the Commissioner thinks fit, he 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 for mer 
manager shall become vested in the new manager, and the new manager shall have the same powers 
as if he had been originally appointed. 
 
 35. Managers to be public servants. Every manager appointed under this Act shall be 
deemed a public servant within the meaning of the Pakistan Penal Code (XLV of 
1860). 
 
 36. Investigation to be deemed 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 
Pakistan Penal Code (XLV of 1860). 
 
 37. Power to summon witnesses and compel production of documents. For the purposes 
of  this  Act,  the  manager  2[or  any  officer  subordinate  to  him,  not  below  the  rank  of  a 
Mukhtiarkar,] may summon and enforce the attendance of witnesses and compel them to g ive 
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 3Code of Civil Procedure. 
 
 38. Bar of suits. No suit or other proceeding shall be maintained against Bar of suits. any 
person in respect of anything done by him bona fide pursuant to this Act. 
 
 39. Saving of jurisdiction of Courts in Sindh in respect of certain suits. Nothing in this 
Act precludes the Courts in Sindh 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. 
 
 
 
 
________ 
 
 
 
 
 
 
 
 
 
Date: 05-09-2024 
1Subs. by A. O., 1937, for “Sindh officia1 Gazette”. 
2Ins. by the Incumbered Estates and Court of Wards (Sind Arndt.) Act, 1947 (16 of 1947), s. 2. 
3See now the Code of Civil Procedure, 1908 (5 of 1908).