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Report No. 10 3. "Entitled to act"- For the purposes of this Act, the following persons shall be deemed to be persons "entitled to act" as and to the extent hereinafter provided (that is to say)- (a) trustees for other persons beneficially interested shall be deemed to be the persons entitled to act with reference to any such case, and that to the same extent as the persons beneficially interested could have acted. (b) the guardian of minors and the committees or managers of lunatics or idiots shall be deemed respectively to be the persons so entitled to act, to the same extent as the minors, lunatics, or idiots themselves, if free from disability, could have acted; Provided that- (i) no person shall be deemed to be "entitled to act" whose interest in the subject-matter is shown to the satisfaction of the Collector or court to be adverse to the interest of the person interested for whom he would otherwise be entitled to act; (ii) in every such case the person interested may appear by a next friend, or in default of his appearance by a next friend, the Collector or court, as the case may be, shall appoint a proper person to act on his behalf in the conduct of the proceedings; (iii) the provisions of Order XXXII of the 'First Schedule' to the Code of Civil Procedure, 1908 (5 of 1908), shall, mutatis mutandis, apply in the case of persons interested appearing before a Collector or court by a next friend, or by a person appointed under clause (ii) of this proviso in proceedings under this Act; and (iv) no person "entitled to act" shall be competent to receive the compensation-money payable to the person for whom he is entitled to act unless he would have been competent to alienate the land and receive and give a good discharge for the purchase-money on a voluntary sale. [Section 3(g), L.A.A.]    |
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