Murshidabad Estate Administration Act, 1933
No: 23 Dated: Sep, 21 1933
THE MURSHIDABAD ESTATE ADMINISTRATION ACT, 1933
ACT NO. 23 OF 1933
An Act to provide for the appointment of a Manager on behalf of the Secretary of State of the properties of the Nawab Bahadur of Murshidabad and to define the powers and duties of the Manager.
WHEREAS the Murshidabad Act, 1891 (15 of 1891), confirming and giving effect to an Indenture between the Secretary of State and the Nawab Bahadur of Murshidabad amir-ulOmrah, provides that in case the said Nawab Bahadur or any of his lineal heirs male successors to the titles shall contravene any of the terms of the said Indenture or shall disab le himself from duly maintaining the dignity of his position and station it shall be lawful for the Secretary of State for the time being to enter into and upon the immovable properties mentioned in the Indenture and to exercise certain powers therein spec ified in the manner therein set forth;
AND WHEREAS by virtue of section 177 of the Government of India Act, 1935 (26 Geo. 5, e. 2.), the said indenture is, as from the commencement3 of Part III of that Act, to have effect as if it had been made on behalf of the Province of Bengal and references therein to the Secretary of State in Council are to be construed accordingly;
AND WHEREAS by virtue of paragraph (2) of Article 8 of the Indian Independence (Rights, Property and Liabilities) Order, 1947, the said indenture is, as from the date of establishment of the Dominion of India, to have effect as if it had been made on behalf of the Province of West Bengal, and all rights and liabilities which have accrued and may accrue under the said indenture, to the extent to which they would have been rights or liabilities of the Province of Bengal, are the rights and liabilities of the Province of West Bengal.
AND WHEREAS it is expedient to make further provision for the due exercise of the said powers by the State Government of West Bengal by the appointment of a Manager who shall on bahalf of the State Government of West Bengal exercise the powers aforesaid, and by defining the duties and powers of such Manager, and the manner in which the rents, issues and profits of the immovable properties of the estate and the monthly sum of Rs. 19,166-10-8 payable from the Government treasury at Berhampore in the district of Murshidabad in West Bengal shall be applied;
AND WHEREAS it is further expedient to afford to the Nawab Bahadur protection against the disabilities to which he is exposed by reason of his embarrassed circumstances and to prevent further increase in his debts and to provide means for such repayments to his creditors as are compatible with the payment to the Nawab Bahadur of a sum sufficient for the maintenance of his position and dignity;
It is hereby enacted as follows:—
1. Short title and extent.—(1) This Act may be called the Murshidabad Estate Administration Act, 1933.
(2) It extends to whole of India except the territories which, immediately before the 1st November 1956, were comprised in Part B States.
2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—
(1) “Immoveable properties of the estate” means the properties contained in the Schedules of immoveable property annexed to the Indenture included in and confirmed by the Murshidabad Act, 1891 (15 of 1891), with any additional immoveable property added thereto under sub-section (1) of section 3 of that Act, and includes all immoveable property acquired under the provisions of section 32 of the Land Acquisition Act, 1894 (1 of 1894);
(2) “issues and profits of the immoveable properties of the estate ” includes all money awarded under the Land Acquisition Act, 1894 (1 of 1894), as compensation for the acquisition of any of the immoveable properties of the estate together with interest thereon;
(3) “Manager” means the officer appointed under section 3;
(4) “Nawab Bahadur” means the Nawab Bahadur of Murshidabad for the time being;
(6) “Board of Revenue” means the Board of Revenue, West Bengal;
(7) “Prescribed” means provided for by this Act or by rules made under section 28.