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Report No. 26

Clause 34

General.-The clause follows section 29(1) to (7), P.T.A. and section 38(4) to (7), P.A.

Sub-clause (1).-A provision has been added that the notice will be given in the prescribed manner1.

Sub-clauses (2) to (5).-Need no further comments.

Sub-clause (6).-It may be noted that while under section 29(5) of the Presidency Act, security has to be given for the payment of not less than four annas in the rupee, under section 38(5) of the Provincial Act, it must be for the payment of not less than six annas in the rupee. Adopting the provision in the Presidency Act, the clause substitutes 25 nP. for six annas.

2. It is suggested that the notice should be published in newspapers, (besides any other mode of publication that may be suitable).

Clause 35

General.-This corresponds to sections 30 and 32, Presidency Act and section 39, Provincial Act.

Sub-clause (1).-Is based on section 30 of the Presidency Act (which corresponds to section 39 of the Provincial Act).

Sub-clause (2).-There is nothing in the Provincial Act, corresponding to section 30(2) of the Presidency Act, which provides that the provisions of the composition or scheme may be enforced on application to the court. This is adopted as a useful provision, and amplified by providing that the enforcement should be in the manner provided for the execution of decrees. There is a further provision in section 30(2) of the Presidency Act that the disobedience of an order made on the application shall be deemed to be a contempt of court. As the clause will apply not merely to the High Courts in the Presidency Towns, but to all the courts, it has been omitted.

Sub-clause (3).-Follows section 32, P.T.A.

Clause 36

General.-See section 40, Provincial Act and section 31, Presidency Act.

Sub-clause (1).-The words "on application", etc., and the mention of vesting of the property have been added on the lines of the Presidency Act.

Sub-clause (2).-Needs no further comments.



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