The Murshidabad Act

THE FINE PRINT

Do we need the Murshidabad Estate Administration Act of 1933? This statute was needed for the following reason.

"Whereas the Murshidabad Act, 1891, (15 of 1981) confirming and giving effect to an indenture between the secretary of state and the Nawab Bahadur or Murishdabad Amir-ul-Omrah, provides that in case the said Nawab Bahadur or any of his lineal heirs male successors to the titles shall contravene any of the terms of the said indenture or shall disable himself from duly maintaining the dignity of his position and station it shall be lawful for the secretary of state for the time being to enter into and upon the immoveable properties mentioned in the indenture and to exercise certain powers therein specified in the manner therein set forth; _ and all rights and liabilities which have accrued and may accrue under the said indenture to the extent to which they would have been rights and liabilities of the Province of Bengal, are the rights and liabilities of the Province of West Bengal. And whereas it is expedient to make further provision for the due exercise of the said powers by the state government West Bengal by the appointment of a manager who shall on behalf of the state government of West Bengal exercise the powers aforesaid, and by defining the duties and powers of the Manger, and the manner in which the rents, issues and profits of the immoveable properties of the estate and the monthly sum of Rs 19,166-10-8 payable from the government treasury at Berhampore in the district of Murshidabad in West Bengal shall be applied; and whereas it is further expedient to afford to the Nawab Bahadur protection against the disabilities to which he is exposed by design of his embarrassed circumstances and to prevent further increase in his debts and to provide means for such payments to his creditors as are compatible with the payment the Nawab Bahadur of a sum sufficient for the maintenance of his position and dignity; it is hereby enacted as follows." Is the Nawab Bahadur still being protected against his disabilities and embarrassed circumstances?

 

Consider Section 4 of the legislation. "On the publication of an order for the appointment of a Manager under Section 3, the following consequences shall ensue: 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, or the state of West Bengal or the manager, in respect of 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 believable to attachment or sale, under process of any court for or in respect of such debts and liabilities; thirdly, so long as such management continues

l the Nawab Bahadur shall be incompetent to mortgage, charge, lease, settle or alienate the immoveable properties of the estate, or to grant valid receipts able properties of the estate, or to grant valid receipts, for the rents and profits arising or accruing therefrom;

l such property shall be exempt from attachment or sale under process of any court; and

l the Nawab Bahadur shall be incapable of entering into any contract which may involve him in pecuniary liability."