The Murshidabad Estate ( Management Of Properties ) And Miscellaneous Provisions Act, 1980

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; 
257 
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. 
258 
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. 
259 
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. 
260 
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. 
261 
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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