1. Short title and extent.—(1) This Act may be called the Murshidabad Estate
Administration Act, 1933.
1
[(2) It extends to whole of India except 2
[the territories which, immediately before the 1st November
1956, were comprised in Part B States].]
2. Definitions.—In this Act, unless there is anything repugnant in the subject or
context,—
(1) “Immoveable properties of the estate” means the properties contained in the
Schedules of immoveable property annexed to the Indenture included in and confirmed
by the Murshidabad Act, 1891 (15 of 1891), with any additional immoveable property
added thereto under sub-section (1) of section 3 of that Act, and includes all immoveable
property 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 money
awarded under the Land Acquisition Act, 1894 (1 of 1894), as compensation for the
acquisition 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 time
being;
3
* * * * *;
(6) “Board of Revenue” means the Board of Revenue, 4
[West Bengal];
(7) “Prescribed” means provided for by this Act or by rules made under section 28.
3. Appointment of Manager.—5
[The State Government of 4
[West Bengal] (hereafter in
this Act referred to as “the State Government”)] may, at any time after 6
[the State
Government] has entered upon the immovable properties of the estate in accordance with the
provisions of the Murshidabad Act, 1891 (15 of 1891), by an order published in the Official
Gazette appoint an officer for the management on behalf of 6
[the State Government] of the
whole or any portion of these properties and of the rents, issues and profits thereof and for
the reception and application of the monthly sum of Rs. 19,166 -10-8 payable from the
Government Treasury at Berhampore in the district of Murshidabad in West Bengal:
Provided that the management shall cease from such date 7
[as may, having regard to the
circumstances or in the event of the death of a Nawab Bahadur, be notified] by the State
1. Subs. by the A.O. 1950, for sub-section (2).
2. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for “Part B States”.
3. Clause (5) omitted by the A.O. 1937.
4. Subs. by the A.O. 1948, for “Bengal”.
5. Subs. by the A.O. 1937, for the “The L. G.”.
6. Subs., ibid., for “the Secretary of State”.
7. Subs. by West Ben. Act 20 of 1959, s. 2, for “as may be notified”.
4
Government in the Official Gazette as the date of withdrawal by 1
[the State Government] from entry
upon the immovable properties of the estate.
2
* * * * *
4. Effect of order under section 3.—On the publication of an order for the appointment
of 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 any
debts or liabilities to which the Nawab Bahadur may be subject shall be barred, and all
processes, executions and attachments for or in respect of such debts and liabilities shall
become null and void;
secondly, so long as such management continues, no suit or proceeding shall lie against
the Nawab Bahadur, 3*** 4
[or the State of 5
[West Bengal]] or the Manager, in respect of any
any debt or liability to which the Nawab Bahadur is subject, nor shall the Nawab Bahadur be
liable to arrest for or in respect of the debts and liabilities to which he was at the time of
such publication subject or in execution of any decree obtained before such publication nor
shall his moveable property be liable to attachment or sale, unde r process of any Court for
or 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 valid
receipts for the rents and profits arising or accruing therefrom;
(b) such property shall be exempt from attachment or sale unde r process of
any Court; and
(c) the Nawab Bahadur shall be incapable of entering into any contract which may
involve him in pecuniary liability; and
fourthly, any amount awarded, before the entry 6
[of the State Government] upon the
immovable properties of the estate, under the Land Acquisition Act, 1894 (1 of 1894), by
way of compensation for immoveable properties of the estate acquired under that Act, if
the amount has been invested in securities under section 32 of that Act or is deposited in
Court pending such investment in land or securities, shall, together with all interest and
other proceeds thereof not already paid to any person under the provisions of any law, be
deliverable to the Manager on behalf 6
[of the State Government] to be disposed of in such
manner as the 7
[State Government] may think fit.
5. Suits and appeals during management.—So long as the appointment of the Manager
continues—
(1) in every suit or appeal to which 8*** 9
[* * * the State of 5
[West Bengal] in
possession is a party the Manager shall be named as 10[its representative] for the purpose of such suit
or appeal;
1. Subs. by the A.O. 1937, for “the Secretary of State”.
2. The Second proviso omitted by West Ban. Act 20 of 1959, s. 2.
3. The words “or the Secretary of State” omitted by the A.O. 1948.
4. Ins. by the A.O. 1937.
5. Subs. by the A.O. 1948, for “Bengal”.
6. Subs. by the A.O. 1937, for “of the Secretary of State”.
7. Subs. by the A.O. 1948, for “Secretary of State”.
8. The words “the Secretary of State or” omitted, ibid., s.9.
9. Ins. by the A.O. 1937.
10. Subs. by the A.O. 1948, for “his representative”.
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(2) in every pending suit or appeal concerning the properties under management 1
[the State of
2
[West Bengal]] in possession shall be a party in place of the Nawab Bahadur and the Manager shall
be named as the representative of 1
[the State of 2
[West Bengal]] in possession for the purpose of the
suit or appeal; and no application in any sucn suit or appeal shall be made to the Court on behalf of
1
[the State of 2
[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 or
memorandum of appeal be amended so as to conform with the requirements of clause (1) or that the
Manager be named as the representative of the 3
[State of West Bengal] in possession as required by clause
clause (2) of this section.
6. Manager to receive rents, issues and profits.—(1) The Manager shall receive and recover all
rents, issues and profits due in respect of the immoveable properties of the estate, and shall upon
receiving such rents, issues and profits give receipts therefor.
(2) The Manager shall receive the monthly sum of Rs. 19,166-10-8 payable from the Government
Treasury at Berhampore in the district of Murshidabad in 2
[West Bengal] and shall give receipts therefor.
7. Application by Manager of sums received.—(1) From the sums received under sub-sections (1) and
(2) of section 6, the Manager shall pay—
first, to the Nawab Bahadur such monthly sum, not being in any case less than Rs. 9, 583-5-4, as the
State Government may fix in this behalf;
4
[secondly, the allowances, if any, payable under section 3 of the Murshidabad Act, 1946];
5
[thirdly], the Government revenue, cesses, rates and taxes and all debts and liabilities for the time
being due or incurred to Government or to any local authority;
6
[fourthly], in the case of property held by the Nawab Bahadur as tenant, the rent and cess due
to the superior landlord in respect of the said property;
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[fifthly], the cost of such repairs and improvements of the immoveable properties
of the estate as appear necessary to the Manager and are approved by the Board of Revenue,
and shall apply the residue to the discharge of the costs of the management, to the payment of expenditure
incurred in litigation and to the settlement in accordance with the scheme approved by the Board of
Revenue under section 14 of such debts and liabilities of the Nawab Bahadur as may be estsblished under
the provisions of this Act.
(2) Notwithstanding anything contained in sub-section (1), it shall be lawful for the pay out of the sums
received under sub-sections (1) and (2) of section 6 any sum required to meet such expenditure on other
object or for any other purpose as the 8
[State Government] may from time to time sanction.
8. Notice to claimants.—As soon as may be after the publication of the order for the appointment of a
Manager under section 3 the Manager shall publish in the prescribed manner a notice in English and Bengali
calling upon all persons having claims against the Nawab Bahadur to notify such claims in writing to the
Manager within six months from the date of the notice.
9. Presentation of claims.— Every such claimant shall, along with his claim, present to the
Manager full particulars thereof, together with all documents on which he relies in support thereof, and the
Manager may refuse to receive in evidence on the claimant’s behalf at the investigation of the claim any
document not so presented.
1. Subs. by the A.O. 1937, for “the Secretary of State”.
2. Subs. by the A.O. 1948, for “Bengal”.
3. Subs., ibid., for “Secretary of State”.
4. Ins. by Bengal Act 15 of 1946, s. 5.
5. Subs. by s. 5, ibid., for “secondly”.
6. Subs. by s. 5, ibid., for “thirdly”.
7. Subs. by s. 5, ibid., for “fourthly”.
8. Subs. by the A.O. 1937, for “Secretary of State”.
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10. Debt not duly notified to be barred.—Every debt or liability, except debts due or liabilities incurred
to the Government or to any local authority and rent due to a superior landlord from the Nawab Bahadur as
tenant of any property, which is not duly notified to the Manager within the time and in the manner mentioned
in sections 8 and 9 shall be barred:
Provided that if the Manager is satisfied that the claimant was for reasonable cause unable to
comply with the provisions of sections 8 and 9, the Manager may admit his claim within a further
period of six months from the expiration of the period of six months specified in section 8.
11. Determination of debts.—The Manager shall in the prescribed manner determine the amount
of the principal of all debts and liabilities not barred under section 10 justly due to the several creditors
of the Nawab Bahadur and to persons holding mortgages, charges or liens on the property of the Nawab
Bahadur, and shall determine in like manner the interest, if any, due at the da te of such determination in
respect of such debts and liabilities and may reduce the rates of interest charged as appears to him just
and proper.
12. Power to inquire into consideration for leases, etc.—The Manager may inquire into the
sufficiency of the consideration for which any lease, settlement, grant, mortgage, charge or lien was given
and whether it was given in contravention of the conditions of the Murshidabad Act, 1891 (15 of 1891),
and if satisfied that the consideration was insufficient or that such lease, settlement, grant, mortgage,
charge or lien was given in contravention of the said Act may, by order in writing, set a side or modify
such lease, settlement, grant, mortgage, charge or lien; and any such order, subject to the appeal provided
in section 13, shall have the force of a decree of a competent Civil Court and be enforceable as such.
13. Appeals to Board of Revenue.—(1) An appeal shall lie to the Board of Revenue against any
order by the Manager—
(a) refusing to receive a document under section 9; or
(b) refusing to admit a claim under the proviso to section 10; or
(c) determining the amount of a debt or liability or of interest thereon, or reducing the rate of
interest, under. section 11; or
(d) setting aside or modifying a lease, settlement, grant, mortgage, charge or lien under section
12.
(2) If no such appeal is preferred within six weeks from the date of the order, the decision of the
Manager shall, subject to the provisions of section 22, be final.
14. Scheme for settlement of debts.—(1) When the amount due in respect of the debts and
liabilities mentioned in section 11 has been finally determined, the Manager shall prepare and
submit to the Board of Revenue a schedule of such debts and liabilities, and a scheme for the
settlement thereof in whole or in part out of the residue referred to in section 7 annually available
during the lifetime of the Nawab Bahadur; and the Board of Revenue may approve the scheme
without modification or subject to such modification as it deems expedient.
(2) The scheme shall provide for payment in full, as soon as may be, of—
(a) first, arrears of wages due to servants of the Nawab Bahadur, determined in accordance with
the forgoing provisions, and
(b) secondly, claims of each creditor whose claims in the aggregate do not exceed five hundred
rupees, as so determined;
and the scheme shall further provide that any balance left after meeting the above claims and
each annual residue thereafter shall be distributed rateably among the other creditors of the
Nawab Bahadur in payment of their claims, as so determined.
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15. Power to call for further particulars.—The Manager may from time to time call for
further and more detailed particulars of any claim preferred before him under this Act and may
at his discretion refuse to proceed with the investigation of the claim until such particulars are
supplied.
16. Power to summon witnesses.—The Manager may for the purpose of any investigation
under this Act summon and enforce the attendance of witnesses and compel them to give
evidence, and compel the production of documents, by the same means and as far as possible
in the same manner as is provided in the case of a Civil Court by the Code of Civil Procedure,
1908 (5 of 1908).
17. Investigation to be deemed a judicial proceeding.—Every investigation conducted by
the Manager with reference to any claim preferred before him under this Act, or to any matter
connected with such claim, shall be deemed to be a judicial proceeding within the meaning of
the Indian Penal Code (45 of 1860); and every statement made by any person examined by or
before the Manager with reference to any such investigation, whether upon oath or otherwise,
shall be deemed to be evidence within the meaning of the said Code.
18. Power to order production of accounts, papers, etc., and evidence of title.—(1) The
Collector of Murshidabad may on the application of the Manager order all persons who are or
were in the employ of the estate of the Nawab Bahadur to attend before him; and may order
any person to deliver up any accounts, papers or moveable property belonging to the estate or
any accounts or papers relating to the immoveable property of the estate or to any other
property of the estate which the Manager has reason to believe are in such person ’s possession
or control; and may order all hodlers of tenures or under-tenures on any such property to
produce their titles to such tenures or undertenures.
(2) Any person who refuses to comply with an order under sub-section (1) may be punished by the
Collector of Murshidabad with fine not exceeding five hundred rupees:
Provided that an appeal shall lie to the Board of Revenue against any order of fine passed by the
Collector under sub-section (2).
19. Powers of Manager for realisation of rents, etc.—(1) The Manager shall have, for the
purpose of realising and recovering the rents, issues and profits of the immoveable properties of
the estate, the same powers as the Nawab Bahadur would have had for such purpose had the
1
[State Government] not entered into the said properties, and all arrears of rent and all demands
recoverable as rent, and all interest due on such arrears or demands shall together with all costs
incurred for realising the same be recoverable as public demands.
(2) If such properties or any part thereof be in the possession of any mortgagee or
conditional vendee, the Manager may apply to the Collector within whose jurisdiction the
property is situated, and the Collector shall cause the same to be delivered to the Ma nager as if
a decree therefor had been made in his favour, but without prejudice to the mortgagee or
vendee preferring his claim under the provisions elsewhere contained in this Act.
(3) If such properties or any part thereof be in possession of a Receiver appointed by a
Court, the Manager may apply to the Court, and the Court shall cause the same to be
delivered to the Manager together with art receipts which may be in the hands of the Receiver
or the Court at the time of the application.
20. Power to lease.—The Manager may, subject to the prescribed conditions, make settlement of all
or any of the immoveable properties of the estate and may for this purpose execute any lease or
counterpart of a lease:
Provided that, unless the settlement is of a kind authorised by rule made under section
28, its terms and conditions shall have been previously approved by the State Government.
21. Power of Manager to contract and take action for the benefit of the estate.—The Manager
may enter into any contract or take any action which in his opinion is necessary for the proper care and
management of the immoveable properties of the estate and of the rents, issues and profits
thereof or for the maintenance of the position and dignity of the Nawab Bahadur and which is
not inconsistent with any provision of this Act or with any rule made under section 28:
1. Subs. by the A.O. 1937, for “Secretary of State”.
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Provided that if he is not empowered by any other provision of this Act or by any rule
made under section 28 to enter on such contract or to take such action he shall obta in the
previous sanction of the Board of Revenue before entering upon the contract or taking the
action.
22. Powers of supervision and control.—(1) All orders or proceedings of the Manager in
the exercise of his functions under this act shall be subject to the supervision and control of the
Board of Revenue.
(2) All orders or proceedings of the Board of Revenue under this Act shall be subject to
the supervision and control of the State Government.
(3) The supervising authority in each case may of its own motion review and if it thinks fit revise,
modify or reverse any order of proceeding.
23. Manager to be deemed a public servant.—The Manager shall be deemed to be a
public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).
24. Recovery of fines.—Any fine imposed under this Act shall be recoverable as a public
demand.
25. Bar of suits, etc., against certain persons.—No suit or other legal proceeding shall lie against
any person in respect of anything which is in good faith done or intended to be done under this Act.
26. Power of State Government to make orders.—If at the time of the withdrawal of the
1
[State Government] from entry upon the immoveable properties of the estate, any difficulty
arises in connection with the restoration to the Nawab Bahadur or to his successor of the
properties and rights possessed and exercised by the 1
[State Government], the State Government
may by order authorise the doing of any matter or thing which appears to it necessary to facilitate
such restoration.
27. Effect of withdrawal from entry by State Government.—Notwithstanding anything
contained elsewhere in this or any other Act, the withdrawal by the 1
[State Government] from entry
upon the immoveable properties of the estate shall not have the effect of reviving any of the
proceeding referred to in clause first of section 4 if the debt or liability in respect of which such
proceedings were instituted is barred under section 10.
Nothing in section 4 shall bar the revival after such withdrawal of any other of the proceedings
referred to in the said clause:
Provided that no Court shall entertain any suit of proceeding against the Nawab Bahadur
in which the amount claimed is in excess of the amount determined under section 11, 13 or
22, as the case may be, together with any further interest due thereon, or in which interest is
claimed at a rate higher than the rate determined as just and proper under th ose sections.
28. Power to make rules.—(1) The Board of Revenue may, with the previous sancion of the State
Government 2
[and by notification in the Official Gazette, make rules] for the purpose of carrying into
effect all or any of the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may
provide for all or any of the following matters, namely:—
(a) the security to be required from subordinate officers under Act;
(b) the procedure to be followed by the Manager in the discharge of his functions under
this Act, the accounts which shall be kept by him, and the manner in which such accounts
shall be audited;
(c) the terms, conditions and limitations under which leases may be granted;
(d) the notices to be given under this Act and the manner of publication of such
notices;
1. Subs. by the A.O. 1937, for “Secretary of State”.
2. Subs. by Act 4 of 2005, s. 2 and the Schedule, for “make rules” (w.e.f. 11-1-2005).
9
(e) the procedure to the followed by claimants in presenting claims, and by the Manager in the
investigation of such claims;
(f) the procedure to be followed in determining under section 11 the debts and liabilities due to
creditors and other persons;
(g) the allowance of interest on the principal of each of the debts and liabilities as
determined under section 11 from the date on which it was incurred to the date of the
determination and on the aggregate amount of such debts and liabilities from the date of
the determination to the date of payment;
(h) the preparation of the schedule of debts and liabilities and of the scheme referred
to in section 14 and the order of payment of such debts and liabilities;
(i) the powers of the Manager to make or sanction settleme nts; and
(j) the procedure to the followed in appeals under this Act.
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[(3) Every rule made by the Board of Revenue under this Act shall be laid, as soon as may be after it
is made, before the State Legislature.]