Murshidabad Estate ( Trust ) Act, 1963
No: 2 Dated: Feb, 08 1963
THE MURSHIDADAD ESTATE (TRUST) ACT, 1963
West Bengal Act II of 1963
An Act, to provide for the-creation of a trust in respect of the properties enjoyed by the late Nawab I3ahadur of au,rsh,idabad for the benefit of his sons and daughters.
WHEREAS it is no longer necessary in the altered circumstances to make provision. for the maintenance of the honour, and dignity of the Nawab Bahadur of Murshidabad ;
AND WHEREAS the late Nawab Bahadur of Murshidabad expressed a desire that on his death a trust should be created in respect of all the properties enjoyed by him for the benefit of his sons and daughters;
AND WHEREAS it is necessary to give effect to the said desire of the late Nawab Bahadur of Murshidabad and to that end to create. a trust in respect of the properties of the Murshidabad Estate ;
It is hereby enacted in the Thirteenth Year of the Republic of India, by the Legislature of West Bengal, as fol]lovirs —
1. Short title and Commencement:- (1) This Act may be called the Murshidabad Estate (Trust) Act, 1963.
(2) It shall come into force on.such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions:- In this Act, unless there is anything repugnant in the subject or context,—
(1) "appoinIted day" means the day appointed under sub-section (2) of section 1;
(2) "daughter" means a legitimate daughter;
(3) "Juiambarah" means an Imambarah comprised in the properties of the Murshidabad Estate;
(4) "Imambarah Committee" means the committee constituted under section 7;
(5) "late Nawab Bahadur" means the person who was the Nawab Bahadur of Murshidabad immediately before the 23rd October, 1959;
(6) "Mosque" means a Mosque comprised in the properties of the Murshidabad Estate;
(7) "Nawab Bahadur" means the Nawab Bahadur of Murshidabad for the time being ;
(8) "prescribed" means prescribed by rules made under this Act;
(9) "present Nawab Bahadur" means the son of the late Nawab Bahadur who succeeded to the titles of the Nawab Bahadur of Murshidabad and Amir-ul-Omrah on the death of the late Nawab Bahadur ;
(10) "properties of the Murshidabad Estate" includes the properties movable and immovable specified in the Schedule;
(11) "son" means a legitimate son;
(12) "Trustee" means the Official Trustee for West Bengal and includes his successors in office.
3. Vesting of properties in the Trustee:- As from the appointed day—
(1) all the properties of the Murshidabad Estate (hereinafter referred to as the trust properties) shall vest in the Trustee to be held by him in trust for the benefit of the sons and daughters of the late Nawab Bahadur;
(2) the Trustee shall receive a monthly sum of rupees nineteen thousand one hundred and sixty-six and ten annas and eight pies, referred to in the Indenture included in, and confirmed by, the Moorshedabad Act, 1891, payable from the Government Treasury at Berhampore in the district of Murshidabad and shall give receipts therefor;
(3) the Trustee shall receive and recover all rents, issues and profits due in respect of the properties of the estate, and shall upon receiving such rents, issues and profits give receipts therefor.
4. Management of the trust properties:- On the vesting of the properties of the Murshidabad Estate in the Trustee under section 3,—
(1) the Trustee shall, subject to the provisions of this Act and the rules made thereunder, manage and administer the trust properties and all income therefrom and may, for the purpose of so managing and administering such properties and income, take such measures as he considers necessary or expedient and do all acts and incur all expenditure necessary or incidental thereto;
(2) any payment made to the Trustee in the discharge of any obligation in relation to any of the trust properties shall be a full and valid discharge to the person making the payment from ali liabilities in respect thereof ;
(3) any payment made otherwise than in accordance with clause (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 Trustee to enforce such obligation against that person;
(4) any suit or proceeding pending before the appointed day in relation to any of the trust properties may be continued by or against the Trustee, as the case may be, and not otherwise;
(5) all valid contracts subsisting immediately before the appointed day and affecting the trust properties shall be of as full force and effect against or in favour of the Trustee and shall be enforceable as fully and effectively against or by the Trustee as if the Trustee had always been named therein and had been a party thereto;
(6) any suit or other legal proceeding for the enforcement of any right or remedy in respect of any of the trust properties may be instituted in any court by or against the Trustee, as the case may be, and not otherwise ;
(7) save as otherwise expressly provided in this Act, the Trustee shall be entitled to dispose of, with the previous approval of the State Government, any trust properties, movable or immovable, and to invest the proceeds thereof in such manner as the State Government may direct ;
(8) with effect from such date as the State Government may specify in this behalf, the services of all persons employed in connection with the management of the Murshidabad Estate under the Murshidabad Estate Administration Act, 1933, shall stand determined:
Provided that the Trustee may re-employ any such person in connection with the-management of the trust properties on such terms as he may determine.