act 002 of 1949 : Mangrol and Manavadar (Administration of Property) Act, 1949

Section 1.Short title.

This Act may be called the Mangrol and Manavadar (Administration of Property) Act, 1949.

Section 2.Definition.

In this Act, "Manager" means the Manager for the time being of the State of Mangrol or the State of Manavadar, as the case may be, appointed by, or on behalf of, the Central Government.

Section 3.Vesting of property in Manager.

Notwithstanding anything contained in any other law for the time being in force or in any instrument or other document whatsoever, the properties described in the Schedule, which stand in the name of the Sheikh of Mangrol or in the name of the Khan of Manavadar, whether in his personal capacity or as the legal representative of any deceased person or in any other capacity, or the Begum Sahiban Fatma, or of any karbhari or other officer of Mangrol or Manavadar in his official capacity, or in the names of more than one of them, shall be deemed to have vested and always to have been vested on and from the 1st day of November, 1947, as follows, namely:--

(a) if the properties are included in Part I of the Schedule, then in the Manager of the State of Mangrol, and

(b) if the properties are included in Part II of the Schedule, then in the Manager of the State of Manavadar.

Section 4.Powers of Manager.

The Manager shall have and exercise, in relation to properties vested in him under section 3, all the rights, powers and authority which a full owner has or exercises in relation to his own property:

Provided that where any of the said properties was, immediately before the 1st day of November, 1947, subject to any trust lawfully created, the Manager shall, in the exercise of his powers in relation to such property be bound by the terms of that trust.

Section 5.Payment to Manager to be a discharge of obligations.

Any payment made to the Manager in the discharge of any of the obligations in relation to any of the properties described in the Schedule shall be a full discharge to the person or authority making the payment from all liability in respect of such payment.

Section 6.Issue of duplicate securities.

(1) Where for any reason any of the Government securities described in the Schedule is not in the custody of the Manager in whom it has vested under the provisions of this Act, the Manager may make an application to the Reserve Bank of India for the issue of a duplicate security in lieu thereof.

(2) When an application under sub-section (1) has been made, then, notwithstanding anything contained in any other law for the time being in force, the Reserve Bank of India shall issue a duplicate security to the Manager as if the original security had been lost.

(3) Any duplicate security issued under the provisions of this section shall have the same effect as if it had been issued under section 11 of the Public Debt (Central Government) Act, 1944 (18 of 1944).

Section 7.Transfers otherwise than by Manager void.

Any transfer or other disposition of any property described in the Schedule made on or after the 1st day of November, 1947, by any person other than the Manager or without his consent shall be, and shall always be deemed to have been, void and of no effect.

Section 8.Power to call for information.

(1) Where the Central Government is of opinion that any person is in possession of any property which belongs to the State of Mangrol or the State of Manavadar, it may, by notice in writing, require such person to furnish such information as it may consider necessary for the purpose of determining whether the property is property belonging to the State of Mangrol or the State of Manavadar, as the case may be.

(2) If any person to whom a notice is sent under sub-section (1)fails to comply therewith he shall be punishable with imprisonment which may extend to three months or with fine which may extend to one thousand rupees or with both.

Section 9.Bar of jurisdiction of Court.

(1) No Court shall have jurisdiction to entertain any civil or criminal proceeding in relation to any of the properties described in the Schedule or to enforce any liability in respect thereof save at the instance of the Manager.

(2) Nothing in this section shall be deemed to prohibit the submission to the Central Government by any person other than the Manager of any claim in relation to any such property and the decision of the Central Government on such claim shall be final and shall not be called in question in any Court.

Section 10.. Power of the Central Government to add to the Schedule.

(1) The Central Government may, from time to time, by notification in the Official Gazette, amend or alter the Schedule.

(2) In particular, and without prejudice to the generality of the foregoing power, the Central Government may, by notification as aforesaid, add to the items of property included in Parts I and II of the Schedule any other item which in its opinion represents property belonging to the State of Mangrol or the State of Manavadar, as the case may be, and on the issue of such notification any property specified in the notification shall be deemed to be and always to have been included in Part I or Part II of the Schedule, as the case may be.

Section 11.Bar of legal proceedings.

No suit, prosecution or other legal proceeding shall lie against the Central Government, the Reserve Bank of India, any bank or company mentioned in the Schedule, or the Manager or any other person for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act.

Section 12.Repeal.

(1) The Mangrol and Manavadar (Administration of Property) Ordinance, 1948 (Ord. 22 of 1948), is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken in exercise of any power conferred by or under the said Ordinance shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act, as if this Act had come into force on the 16th day of August, 1948.