Murshidabad Estate (Management Of Properties) And Miscellaneous Provisions Act, 1980
No: 55 Dated: Mar, 11 1981
THE MURSHIDABAD ESTATE (MANAGEMENT OF PROPERTIES) AND MISCELLANEOUS PROVISIONS ACT, 1980
West Bengal Act LV of 1980
An Act to provide for the management of properties of the Murshidabad Estate and for matters connected therewith or incidental thereto.
Whereas the fulfilment of the purpose of the trust created by the Murshidabad Estate (Trust) Act, 1963 has become impossible as the expenditure on account of management and administration, under that Act, of the properties of the Murshidabad Estate (including the expenditure on account of recurring liabilities) exceeds the income from such properties and as such the said trust stands extinguished;
And,Whereas it is considered necessary and expedient to provide for the management of the properties of the Murshidabad Estate and for matters connected therewith or incidental thereto;
It is hereby enacted as follows :-
1. Short title and commencement. - (1) This Act may be called the Murshidabad Estate (Management of Properties) and Miscellaneous Provisions Act, 1980.
(2) It shall come into force on such date as the State Government may by notification appoint.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "appointed day" means the day appointed under sub-section (2) of section 1;
(b) "daughter" means a legitimate daughter;
(c) "Estate Manager" means the Estate Manager appointed as such by the State Government under section 5;
(d) "late Nawab Bahadur" means the late Nawab Bahadur Wasif Ali Mirza;
(e) "notification" means a notification published in the Official Gazette;
(f) "prescribed" means prescribed by rules made under this Act;
(g) "properties of the Murshidabad Estate" means the properties, movable and immovable, regereed to in the Schedule annexed to the Murshidabad Estate (Trust) Act, 1963 as vested in the Official Trustee for West Bengal, and as held in trust by him or his successor immediately before the appointed day, under that Act, and includes the funds of the Murshidabad Estate and the income from the properties of the said Estate which may be in his possession, custody or control immediately before the appointed day;
(h) "son" means a legitimate son;
3. Transfer of the properties of the Murshidabad Estate to the State Government. - (1) On and from the appointed day, the properties of the Murshidabad Estate (hereinafter referred to as the Estate properties) shall, by virtue of this Act, stand transferred to, and vest in, the State Government.
(2) Upon the transfer of the Estate properties to, and vesting thereof in, the State Government under sub-section (1), the State Government may take, or cause to be taken, such steps as it considers necessary for securing the possession thereof.
4. General effect of transfer. - (1) For the purpose of managing and administering the Estate properties (including any income therefrom), the State Government may take such measures as it considers necessary or expedient and do all acts and incur all expenditure necessary or incidental thereto.
(2) Any payment made to the State Government in the discharge of any obligation in relation to any of the Estate properties shall be a full and valid discharge to the person making the payment from all liabilities in respect thereof.
(3) Any payment made otherwise than in accordance with sub-section (2) shall not be deemed to discharge the person paying it from his obligation to make the payment and shall not affect the right of the State Government to enforce such obligation against that person.
(4) Any suit or proceeding pending before the appointed day in relation to any of the Estate properties may be continued by or against the State Government, as the case may be, and" not otherwise.
(5) All valid contracts subsisting immediately before the appointed day in relation to any of the Estate properties shall be of as full force and effect against or in favour of the State Government and shall be enforceable as fully and effectively against or by the State Government as if the State Government had always been named therein and had been a party thereto.
(6) Save as otherwise provided in this Act, any suit or other legal proceeding, except a suit or other legal proceeding against an order of eviction from any premises or other immovable properties under section 9, for the enforcement of any right or remedy in respect of any of the Estate properties may be instituted in any court by or against the State Government, as the case may be, and not otherwise.
5. Appointment of Estate Manager. - (1) As soon as may be after the appointed day, the State Government shall by notification appoint such person as it thinks fit to be Estate Manager on such terms and conditions as the State Government may determine.
(2) The Estate Manager shall exercise the powers conferred, and perform the duties imposed, on him by or under this Act.
6. Management and administration of Estate properties. - The Estate properties which stand transferred to and vest in the State Government under sub-section (1) of section 3 shall, subject to the provisions of this Act and the rules made thereunder, be managed and administered on behalf of the State Government by the Estate Manager.