GOVERNMENT OF WEST BENGAL
LEGISLATIVE DEPARTMENT
West Ben.
Act II of
1963.
West Bengal Act LV of 1980
THE MURSHIDABAD ESTATE (MANAGEMENT
OF PROPERTIES) AND MISCELLANEOUS
PROVISIONS ACT, 1980.
[Passed by the West Bengal Legislature.]
[Assent of the President was first published in the Calcutta Gazette,
Extraordinary, of the 1 1 th March 1981.]
[11th March, 1981.]
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 in the Thirty-first Year of the Republic of India,
by the Legislature of West Bengal, as follows:-
1. (1) This Act may be called the Murshidabad Estate (Management Short title
of Properties) and Miscellaneous Provisions Act, 1980.
and
commence-
(2) It shall come into force on such date as the State Government
ment.
may by notification appoint.
2. In this Act, unless the context otherwise requires,— Definitions.
(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 B ahadur Wasif
Ali Mirza;
The Murshidabad Estate (Management of Properties) and
Miscellaneous Provisions Act, 1980.
[West Ben. Act
Transfer
of the
properties
of the
Murshidabad
Estate to
the State
Government.
General
effect of
transfer.
(Sections 3, 4.)
(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, referred 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. (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. (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 contained by or against the
State Government, as the case may be, and not otherwise.
West Ben.
Act II of
1963.
The Murshidabad Estate (Management of Properties) and
Miscellaneous Provisions Act, 1980.
LV of 1980.1
West Ben.
Act H of
1963.
(Sections 5-8.)
(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) Any suit or other legal proceeding 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. (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. 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.
7. With effect from such date as the State Government may specify
in this behalf, the services of all persons employed under the proviso to
clause (8) of section 4 of the Murshidabad Estate (Trust) Act, 1963 shall
stand determined:
Provided that the Estate Manager may, with the previous approval of
the State Government, re-employ any such person in connection with the
management and administration of the Estate properties on such terms
and conditions as the State Government may determine.
8. (1) If the Estate Manager is of opinion that any persons are in
unauthorised occupation of any premises included in the Estate properties
(hereinafter referred to as the premises) and that they should be evicted, the
Estate Manager shall issue in the manner hereinafter provided a notice in
writing calling upon all persons concerned to show cause why an order of
eviction should not be made.
(2) The notice shall—
(a) specify the grounds on which the order of eviction is proposed
to be made; and
Appoint-
ment of
Estate
Manager.
Management
and
administra-
tion of
Estate
properties.
Provision for
employees.
Issue of
notice to
show cause
against order
of eviction of
unauthorised
occupants of
any premises
included in
Estate
properties.
The Murshidabad Estate (Management of Properties) and
Miscellaneous Provisions Act, 1980.
[West Ben. Act
(Sections 9, 10.)
(b) require all persons concerned, that is to say, all persons who
are, or may be, in occupation of, or clain interest in, the
premises, to show cause, if any, against the proposed order on
or before such date as is specified in the notice, being a date
not earlier than ten days from the date of issue thereof.
(3) The Estate Manager shall cause the notice to be served by having
it affixed on the outer door or some other conspicuous part of the premises,
and in such other manner as may be prescribed, whereupon the notice shall
be deemed to have been duly given to all persons concerned.
(4) Where the Estate Manager knows or has reasons to believe that
any persons are in occupation of the premises, then, without prejudice to
the provisions of sub-section (3), he shall cause a copy of the notice to be
served on every such person by post or by delivering or tendering it to that
person or in such other manner as may be prescribed.
Eviction of
unauthorised
occupants.
Alternative
accommoda-
tion for the
surviving
sons and
daughter of
the late
Nawab
Bahadur.
9. (1) If, after considering the cause, if any, shown by any person
in pursuance of a notice under section 8 and any evidence he may produce
in support of the same and after giving him a reasonable opportunity of
being heard, the Estate Manager is satisfied that the premises are in
unauthorised occupation, the Estate Manager may, on a date to be fixed for
the purpose, make an order of eviction, for reasons to be recorded therein,
directing that the premises shall be vacated by all persons who may be in
occupation thereof or any part thereof, and cause a copy of the order to be
affixed on the outer door or some other conspicuous part of the premises.
(2) If any person refuses or fails to comply with the order of eviction
within thirty days of the date of its publication under sub-section (1),
the Estate Manager or any other officer duly authorised by the Estate
Manager in this behalf may evict that person from, and take possession
of, the premises and may, for that purpose, use such force as may be
necessary.
10. Notwithstanding anything contained in this Act, alternative
accommodation for bona fide residential purposes shall be provided to
such surviving sons and daughter of the late Nawab Bahadur as are
beneficiaries under the Murshidabad Estate (Trust) Act, 1963 and are to be
evicted under section 9:
Provided that such surviving son or daughter does not own any pacca
house in West Bengal at the date of commencement of this Act.
West Ben.
Act II of
1963.
The Murshidabad Estate (Management of Properties) and
Miscellaneous Provisions Act, 1980.
LV of 1980.]
West Ben.
Act II of
1963.
(Sections 11-14.)
11. The Estate Manager may, with the previous approval of the State
Government, dispose of by sale or public auction any immovable property
forming part of the Estate properties for the purpose of repayment of
debts and discharge of liabilities, if any, being the first charge on the
Estate properties under any enactment in force for the time being, and
invest the balance of the proceeds thereof, if any, after such repayment
and discharge, in such manner as the State Government may direct.
12. From the income from the Estate properties, the Estate Manager
shall meet the expenses of the management and administration of the
Estate properties and the performance of the prescribed religious ceremonies
and discharge the current liabilities and, from the balance, if any, remaining
out of the income as aforesaid, he shall pay to such surviving sons and
daughter of the late Nawab Bahadur as are beneficiaries under the
Murshidabad Estate (Trust) Act, 1963 monthly allowances at such rate and
in such manner as may be prescribed:
Provided that no such allowances shall be paid where the annual
income of such surviving son or daughter exceeds ten thousand rupees.
Power of the
Estate
Manager to
dispose of
immovable
property.
Application
of income
from Estate
properties.
13. (1) Notwithstanding anything contained elsewhere in this Act,
the Director of Archaeology, Government of West Bengal, shall be
responsible for the management of, and for the preservation of art objects,
books, manuscripts, records, oil paintings and any other like objects kept
in, the Hazar Duari Palace and Imambarah (which have been declared by
24 of t958.
the Central Government under the Ancient Monuments and Archaeological
Sites and Remains Act, 1958 to be of national importance) till the said
Hazar Duari Palace and Imambarah are taken over by the Central
Government under that Act.
(2) The expenses for the preservation of art objects, books, manuscripts,
records, oil paintings and any other like objects kept in the Hazar Duari
Palace and Imambarah shall be borne by the State Government till the
Hazar Duari Palace and Imambarah are taken over by the Central
Government.
14. No suit, prosecution or other legal proceeding shall be against the
State Government or the Director of Archaeology, Government of West
Bengal or the Estate Manager or any other officer for anything which is in
good faith done or intended to be done under this Act or the rules made
thereunder.
Management
of Hazar
Duari Palace
and
Imambarah.
Protection of
action taken
in good
faith.
The Murshidabad Estate (Management of Properties) and
Miscellaneous Provisions Acz 1980.
[West Ben. Act LV of 1980.]
(Sections 15, 16.)
Power to
make rules.
Repeal.
15. (1) The State Government may by notification make rules for
carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the matters which
may be, or are required to be, prescribed.
16. (1) The Murshidabad Estate (Trust) Act, 1963 is hereby repealed. West Ben.
Act it of
(2) For the removal of doubts, it is hereby declared that such repeal 1963.
shall not revive or effect or imply in any way the revival of—
(1) the Moorshedabad Act, 1891, or 15 of 1891.
(2) the Murshidabad Estate Administration Act, 1933, or 23 of 1933.
(3) the Murshidabad Act, 1946, or Ben. Act XV
of 1946.
(4) the Murshidabad Estate Administration (Amendment) Act, West Ben.
Act XX of
1959, 1959.
repealed under the Murshidabad Estate (Trust) Act, 1963.
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