The Murshidabad Estate ( Trust ) Act, 1963

Government of West Bengal 
LEGISLATIVE DEPARTMENT 
West Bengal Act II of 1963 
THE MURSHIDADAD ESTATE (TRUST) ACT, 
1963. 
[Passed by the West Bengal Legislature.] 
[Assent of the. Governor was first published in the Calcutta Gazette, 
Extraordinary, of the 8th February, 1963.] 
[8th February, 1963.] 
An Act ,to'provide for the-creation of a trust'• in respect of 
• the properties enjoyed by the • late Nawab I3ahadur of 
au,rsh,idabad for the benefit of his sons and daughters. 
WHEREAS it is no longer necessary in the altered 
circumstances to make provision. for the maintenance of the 
honour, and dignity of the Nawab Bahadur of Murshidabad ; 
AND WHEREAS the late Nawab Bahadur of Murshidabad 
expressed a desire that on his death a trust should be 
created in respect of all the properties enjoyed by him for 
the benefit of his sons and daughters; 
AND WHEREAS it is necessary to give effect to the said 
desire of the late Nawab Bahadur of Murshidabad and to 
that end to create. a trust in respect of the properties of the 
Murshidabad Estate ; 
It is hereby enacted in the Thirteenth Year of the 
Republic of India, by the Legislature of West Bengal, as 
fol]lovirs — 
1. (1) This Act may be called the Murshidabad Estate 
(Trust) Act, 1963. 
(2) It shall come into force on .  such date as the State 
Government may, by notification in the Official Gazette, 
appoint. 
Price—Indian, 12 nP.; English, 3d. 
Short 
title and 
Commence-
ment. 
Defini-
tions. 
2 	 The Murshidabad. Estate (Trust) Act, 1963. 
[West Ben. Act 
(Sections 2, 3.) 
2. In this Act, unless there is anything repugnant in 
the subject or context,— 
(1) "appoinIted day" means the day appointed under 
sub-section (2) of section 1; 
(2) "daughter" means a legitimate daughter; 
(3) `Juiambarah" means an Imambarah comprised in 
the properties of the Murshidabad Estate; 
(4) "Imambarah Committee" means the committee con-
stituted under section 7; 
(5) "late Nawab Bahadur" means the person who was 
the Nawab Bahadur of Murshidabad immediately 
before the 23rd October, 1959; 
(6) "Mosque" means a Mosque comprised in the pro-
perties of the Murshidabad Estate; 
"Nawab Bahadur" means the Nawab Bahadur of 
Murshidabad for the time being ; 
"prescribed" means prescribed by rules made under 
this Act; 
"present Nawab Bahadur" means the son of the 
late Nawab Bahadur who succeeded to the titles 
of the Nawab Bahadur of Murshidabad and 
Amir-ul-Omrah on the death of the late Nawab 
Bahadur ; 
(10) "properties of the Murshidabad Estate" includes 
the properties movable and immovable specified 
in the Schedule; 
(11) "son" means a legitimate son; 
(12) "Trustee" means the Official Trustee for West 
Bengal and includes his successors in office. 
(7)  
(8)  
(9)  
Vesting 
of pro-
perties in 
the 
Trustee. 
3. As from the appointed day— 
all the properties of the Murshidabad Estate 
(hereinafter referred to as the trust properties) 
shall vest in the Trustee to be held by him in 
trust for the benefit of the sons and daughters 
of the late Nawab Bahadur; 
(2) the Trustee shall receive a monthly sum of rupees 
nineteen thousand one hundred and sixty-six and 
ten annas and eight pies, referred to in the 
Indenture included in, and confirmed by, the 
Moorshedabad Act, 1891, payable from the 
Government Treasury at Berhampore in the 
district of Murshidabad and shall give receipts therefor; 
(3) the Trustee shall receive and recover all rents, 
issues and profits due in respect of the properties 
of the estate, and shall upon receiving such 
rents, issues and profits give receipts therefor. 
(1) 
15 of 1891. 
The Murshidabad Estate (Trust) dot, 1963. 	 3 
If of 1963j 
(Section 4.) 
4. On the vesting of the properties of the Murshidabad 
Estate in the Trustee under section 3,— 
(1) the Trustee shall, subject to the provisions of this 
Act and the rules made thereunder, manage 
and administer the trust properties and all 
income therefrom and may, for the purpose of so 
managing and administering such properties and 
income, take such measures as he considers 
necessary or expedient and do all acts and incur 
all expenditure necessary or incidental thereto; 
any payment made to the Trustee in the discharge 
of any obligation in relation to any of the trust 
properties shall be a full and valid discharge to 
the person making the payment from ali 
liabilities in respect thereof ; 
any payment made otherwise than in accordance 
with clause (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 
Trustee to enforce such obligation against that 
person; 
(4) any suit or proceeding pending before the appointed 
day in relation to any of the trust properties may 
be continued by or against the Trustee, as the 
case may be, and not otherwise; 
(5)  all valid contracts subsisting immediately before the 
appointed day and affecting the trust properties 
shall be of as full force and effect against or in 
favour of the Trustee and shall be enforceable as 
fully and effectively against or by the Trustee as 
if the Trustee had always been named therein and 
had been a party thereto; 
(6) any suit or other legal proceeding for the enforce-
ment of any right or remedy in respect of any 
of the trust properties may be instituted in any 
court by or against the Trustee, as the case may 
be, and not otherwise ; 
(7) save as otherwise expressly provided in this 
Act, the Trustee shall be entitled to dispose of, 
with the previous approval of the State Govern-
ment, any trust properties, movable or immovable, 
and to invest the proceeds thereof in such manner 
as the State Government may direct ; 
(2)  
(3)  
Manage. 
ment of 
the trust 
properties. 
4 	 The :II urshidabad Estate (Trust). Act, .1963. 
[West Ben. Act 
(Section 5.) 
(8) with effect from such date as the State Government 
may specify in this behalf, the services of all 
persons employed in connection with the manage-
ment of the Murshidabad Estate under the 
Murshidabad Estate Administration Act, 1933, 23 of 1933. 
shall stand determined: 
Provided that the Trustee may re-employ any such 
person in connection with the-management of the 
trust properties on such terms as he may 
determine. 
Applica-
tion of the 
income 
from the 
trust pro-
perties. 
5. (1) From the sums received under clauses (2) and 
(3) of section 3, the Trustee shall pay- 7  
(a) first,—. 
(i) all costs incurred by the Trustee in managing 
and administering the trust properties and the 
income therefrom, including costs of such 
repairs and improvements of any of the trust 
properties other than the Mosques and 
Imambarahs as appear necessary to the Trustee 
and are approved by the State Government; and 
(ii) all revenues, rents, cesses, rates, taxes, debts and 
liabilities in respect of the MurshidAad Estate 
and the trust properties and all amounts 
required to satisfy any decree, - order or 
judgment of the court in relation. -thereto ; 
(b) secondly, to the Imambarah Committee for the 
1. . purpose of the mainte ance of the Mosques and 
Imambarahs and t e performance of the 
prescribed religious c remonies such amount as 
may be specified by the State Government by 
order made in this behalf from time to time; 
(.c) thirdly, after • making the payments referred to in 
clauses (a) and (b), which shall' be apportioned 
proportionately and adjusted against the sums 
received under clauses (2) and (3) respectively of 
section :3, the balance remaining out of the sum 
received under clause (2) of section, 3, to the 
Nawab Bahadur, and from the balance remaining 
out-of the 'sums • received Under clause (3) of 
•section 3, an -allowanbe' of--7''  
(i) a monthly sum of Rs. 3,000 to the Nawab 
Bahadur,  
(ii) a monthly sum of Rs.2,000 each ,to all the sons 
of the late Nawab Bahadur .(including the 
present Nawab, .B.ahadur,. in -his personal 
capacity.), and 
The lifurshidabad Estate (Trust) Act, 1963. 	 5 
11 of 1963.] 
(Section 6.) 
(iii) a monthly sum of Rs.500 each to all the 
daughters of the late Nawab Bahadur : 
Provided that— 
(a) if the sums received in any year under clause (3) 
of section 3, be more or less than what would 
be required for payment of such allowances, the 
amounts of such allowances shall be propor-
tionately increased or reduced, as the case may 
be; 
(b) if, on the appointed day, any of the sons and 
daughters of the late Nawab Bahadur (including 
the present Nawab Bahadur), who survived the t  
late Nawab Bahadur, be dead, the allowance 
payable to such son or daughter under sub-
clause (ii) or sub-clause (iii), shall be paid to 
his or her heirs, as the case may be. 
(2) The amounts referred to in sub-clauses (i) and (ii) 
of clause (a) of sub-section (1) shall be a first charge on 
the corpus as well as the income of the trust properties. 
(3) The allowances payable under sub-clauses (ii) and 
(iii) of .clause (c) of sub-section. (1) shall be heritable in 
accordance with the law for the time being applicable to the 
family of the Nawab Bahadur of Murshidabad. 
6. The residential houses and buildings of the late 
Nawab Bahadur shall be used and occupied by the sons and 
daughters of the late Nawab Bahadur in the following 
manner, that is to say,— 
(1) the Wasif Mauzil Palace at Murshidabad and 
premises No. 85, Park Street, Calcutta, shall be 
used and occupied by the Nawab Bahadur; 
i2) the Moti Mahal at Murshidabad shall be used and 
occupied. by Syed Kazim Ali Meerza, one of the 
•sons of the late Nawab Bahadur; 
(3) the Mahal Sarah, known as Amir Mahal, at 
Murshidabad shall be used and occupied jointly 
by the other sons, and the daughters, of the late 
Nawab Bahad.ur: 
Provided that— 
(a) if the Government of India ceases to recognise 
the title of Nawab Bahadur . of Murshidabad 
the houses referred to in clause (1) shall be 
merged with the rest of the trust properties 
Allotment 
of resi-
dential 
houses. 
The Imam. 
barah 
Com-
mittee. 
6 	 The lturshiclabad Estate (Trust) Act, 1963. 
[West Ben. Act 
(Sections 7-9.) 
for the benefit of some or all of the beneficiaries 
thereof for the time being, as the State 
Government may direct; 
(b) the arrangements referred to in clauses (2) 
and (3) shall be subject to such modification 
as the State Government may, from time to 
time, make. 
7. (1) For the purpose of the maintenance of the 
Mosques and Imambarahs and the performance of such 
religious ceremonies as may be prescribed, the State Govern-
ment shall, by notification in the Official Gazette, constitute 
a committee consisting of— 
(a) the Nawab Bahadur ; 
(b) three male members, being citizens of India, to be 
nominated by the beneficiaries of the trust pro-
perties for the time being from among themselves 
in such manner as may be prescribed: 
Provided that if the beneficiaries of the trust properties 
fail to nominate any such member or members 
within such time as may be specified in this 
behalf by the State Government, the State Gov-
ernment shall nominate such member or members. 
(2) The members of the Imambarah Committee shall, 
from time to time, elect in such manner as may be prescribed, 
one of their number as the Chairman of the Committee. 
(3) The Imambarah Committee or any member thereof, 
including the Chairman, may enter into and inspect any of 
the Imambarahs or Mosques and shall be entitled to 
perform or cause to be performed the prescribed religious 
ceremonies therein and to make or cause to be made such 
repairs and improvements thereof as may be considered 
necessary in accordance with orders made in this behalf by 
the State Government from time to time. 
Indemnity. 	 8. No suit or other legal proceeding shall lie against 
the State Government and no suit, prosecution or other 
legal proceeding shall lie against any person in any civil or 
criminal court for anything done or intended to be done in 
pursuance of the provisions -of this Act or the rules made 
thereunder. 
Rules. 9. (1) The State Government may 
carrying out the purposes of this Act. 
(2) In particular and without prejudice 
of the foregoing power, such rules may 
matter which is required to be or may be 
this Act. 
make rules for 
to the generality 
provide for any 
prescribed under 
 
   
Ben. 
Act XV 
of 1946. 
XV of 	 (1) The Moorshedabad Act, 1891. 1891. 
23 of 
1933. (2) The Murshidabad Estate Administration Act, 1933. 
(3) The Murshidabad Act, 1946. 
The illurshidabad Estate (Truit) Act ., 1963. 	 7 
11 of 1983.1 
(Sections 10, 11.) 
10. The following enactments, in so far as they do not 
relate to the descent of the title of Nawab Bahadur or 
to the sum of rupees two lakhs and thirty thousand 
payable to the Nawab Bahadur from the revenues of the 
Government in pursuance of the Indenture included in, and 
15 of 	 confirmed by, the Moorshedabad Act, 1891 or to the payment 1891. 	 thereof to the Nawab Bahadur in accordance with the 
provisions of the said Indenture by equal. monthly instal-
ments of rupees nineteen thousand one hundred and sixty-
six and ten annas and eight pies, are hereby repealed, 
namely :— 
Repeal. 
West 
Ben. 
Aot XX 
of 1959. 
(4) The Murshidabad Estate Administration (Amend-
ment) Act, 1959. 
11. The provisions of this Act shall have effect 
notwithstanding anything to the contrary contained in any 
other law or in any contract express or implied or in any 
instrument and notwithstanding any usage or custom to the 
contrary. 
Act to 
override 
the pro-
visions of 
other 
laws, etc. 
THE SCHEDULE. 
[Section 2(10).] 
Properties of the Murshidabad Estate. 
I. Such of the properties, movable and immovable, 
referred to in the Indenture included in, and vonfirmed by, 
15 of 	 the Moorshedabad Act, 1891, including the Schedules of 
1891. 	 properties annexed thereto, with the additional immovable 
properties added under the provisions of— 
(a) sub-section (1) of section 3 of that Act, and 
(b) section 32 of the Land Acquisition Act, 1894, 
as formed part of the Murshidabad Estate immediately 
before the commencement of this Act and are situated in 
West Bengal 'or in any place outside West Bengal. 
II. All moneys awarded or payable under the Land 
Acquisition Act, 1894 or the West Bengal Estates Acquisi-
tion Act, 1953, as compensation for the acquisition of any 
of the immovable properties referred to in item I mentioned 
above. 
1 of 1894. 
West Ben. 
Act I of 
1954. 
8 	 The Murshidabad Estate (Trust) Ad, 1963. 
[West Ben. Act II of 1963.] 
(The Schedule.) 
III. All moneys received in West Bengal as income 
from, or compensation .for requisition or acquisition of, 
such of the properties referred to in item I mentioned 
above as are situated in any place outside West Bengal. 
WEGP-63/4.460A-5M 

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