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The Murshidabad Estate Administration Act, 1933

Year of Passage: 1933 | Type: Bare Act

Section 1 Short title and extent.

(1) This Act may be called the Murshidabad EstateAdministration Act, 1933. 1[(2) It extends to whole of India except 2[the territories which, immediately before the 1st November1956, were comprised in Part B States].]

Section 2 Definitions.

In this Act, unless there is anything repugnant in the subject orcontext,-- (1) "Immoveable properties of the estate" means the properties contained in theSchedules of immoveable property annexed to the Indenture included in and confirmedby the Murshidabad Act, 1891 (15 of 1891), with any additional immoveable propertyadded thereto under sub-section (1) of section 3 of that Act, and includes all immoveableproperty 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 moneyawarded under the Land Acquisition Act, 1894 (1 of 1894), as compensation for theacquisition 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 timebeing; 1* * * * *; (6) "Board of Revenue" means the Board of Revenue, 2[West Bengal]; (7) "Prescribed" means provided for by this Act or by rules made under section 28.

Section 3 Appointment of Manager.

2[The State Government of 1[West Bengal] (hereafter inthis Act referred to as "the State Government")] may, at any time after 3[the StateGovernment] has entered upon the immovable properties of the estate in accordance with theprovisions of the Murshidabad Act, 1891 (15 of 1891), by an order published in the OfficialGazette appoint an officer for the management on behalf of 3[the State Government] of thewhole or any portion of these properties and of the rents, issues and profits thereof and forthe reception and application of the monthly sum of Rs. 19,166 -10-8 payable from theGovernment Treasury at Berhampore in the district of Murshidabad in West Bengal: Provided that the management shall cease from such date 4[as may, having regard to thecircumstances or in the event of the death of a Nawab Bahadur, be notified] by the State Government in the Official Gazette as the date of withdrawal by 5[the State Government] from entryupon the immovable properties of the estate. 6* * * * *

Section 4 Effect of order under section 3.

On the publication of an order for the appointmentof a Manager under section 3, the following consequences shall ensure: first, all proceedings which may then be pending in any Civil Court in respect of anydebts or liabilities to which the Nawab Bahadur may be subject shall be barred, and allprocesses, executions and attachments for or in respect of such debts and liabilities shallbecome null and void; secondly, so long as such management continues, no suit or proceeding shall lie againstthe Nawab Bahadur, 1*** 2[or the State of 3[West Bengal]] or the Manager, in respect of anyany debt or liability to which the Nawab Bahadur is subject, nor shall the Nawab Bahadur beliable to arrest for or in respect of the debts and liabilities to which he was at the time ofsuch publication subject or in execution of any decree obtained before such publication norshall his moveable property be liable to attachment or sale, unde r process of any Court foror in respect of such debts and liabilities; thirdly, so long as such management continues (a) the Nawab Bahadur shall be incompetent to mortgage, charge, lease,settle or alienate the immoveable properties of the estate, or to grant validreceipts for the rents and profits arising or accruing therefrom; (b) such property shall be exempt from attachment or sale unde r process ofany Court; and (c) the Nawab Bahadur shall be incapable of entering into any contract which mayinvolve him in pecuniary liability; and fourthly, any amount awarded, before the entry 4[of the State Government] upon theimmovable properties of the estate, under the Land Acquisition Act, 1894 (1 of 1894), byway of compensation for immoveable properties of the estate acquired under that Act, ifthe amount has been invested in securities under section 32 of that Act or is deposited inCourt pending such investment in land or securities, shall, together with all interest andother proceeds thereof not already paid to any person under the provisions of any law, bedeliverable to the Manager on behalf 4[of the State Government] to be disposed of in suchmanner as the 5[State Government] may think fit.

Section 5 Suits and appeals during management.

So long as the appointment of the Managercontinues (1) in every suit or appeal to which 2*** 3[* * * the State of 1[West Bengal] inpossession is a party the Manager shall be named as 4[its representative] for the purpose of such suitor appeal; (2) in every pending suit or appeal concerning the properties under management 5[the State of6[West Bengal]] in possession shall be a party in place of the Nawab Bahadur and the Manager shallbe named as the representative of 5[the State of 6[West Bengal]] in possession for the purpose of thesuit or appeal; and no application in any sucn suit or appeal shall be made to the Court on behalf of5[the State of 6[West Bengal]] in possession except by the Manager; (3) the Court upon application by the Manager or by any party to the suit may order that the plaint ormemorandum of appeal be amended so as to conform with the requirements of clause (1) or that theManager be named as the representative of the 7[State of West Bengal] in possession as required by clauseclause (2) of this section.
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