1891_The_Moorshedabad_Act.md 29 KB
THE MOORSHEDABAD ACT, 1891
ARRANGEMENT OF SECTIONS
SECTIONS
Title and commencement.
Confirmation of indenture of March, 1891.
Additions to schedule to indenture.
Limitation for claims to scheduled immoveable property.
Perpetual descent of property.
Relief from stamp and registration laws.
THE SCHEDULE.
*Subject to Verification and confirmation by Administrative ministry.
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THE MOORSHEDABAD ACT, 1891
ACT NO. 15 OF 1891
[21st March 1891.]
An Act to confirm and give effect to an Indenture between the Secretary of State and the Nawab
Bahadoor of Moorshedabad, Amir-ul-Omrah.
Preamble. — WHEREAS it is expedient to confirm and give effect to the indenture which is set forth in the schedule to this Act and which was made the twelfth day of March, 1891, between the Secretary of State for India in Council of the one part and Ihtisham-ul-Mulk Rais-ud Dowlah Amir-ul- Omrah Nawab Sir Syud Hussan Ali Khan Bahadoor Mohabat Jung, G.C.I.E., Nawab Bahadoor of Moorshedabd, eldest son of His late Highness Moontazin-ul-Mulk Mohsenud Dowlah Fureedoon Jah Syud Mansoor Ali Khan Bahadoor Nusrat Jung, late Nawab Nazim of Bengal, Behar and Orissa, of the other part; It is hereby enacted as follows :—
- Title and commencement. — (1) This Act may be called the Moorshedabad Act, 1891; and
(2) It shall come into force at once.
- Confirmation of indenture of March, 1891.— The said indenture is hereby
confirmed.
- Additions to schedule to indenture.—(1) The Governor General in Council, by notification in the Gazette of India, may in his discretion, on the written request of the Nawab Bahadoor of Moorshedabad for the time being, add, in such form as the Governor General in Council may think fit, to the schedules of immoveable property which are annexed to the said indenture any additional immoveable property which may be acquired from time to time for the maintenance of the position and dignity of the Nawab Bahadoor of Moorshedabad for the time being.
(2) No such notification as is referred to in sub-section (1) shall be made without such previous publication as would be necessary under section 6 of the General Clauses Act, 1887, in the case of a rule to be made under an enactment to which that section applies.
(3) The publication in the Gazette of India of such a notification, as having been made by the Governor General in Council, shall, subject to any further order of the Governor General in Council, be conclusive proof with respect to the subject-matter of the notification.
Limitation for claims to scheduled immoveable property.—No right to any immoveable property mentioned in any of the schedules to the said indenture, or in any addition which under the last foregoing section may from time to time be made to those schedules or any of them, shall, if the right has not accrued before the passing of this Act, be acquired by any person by adverse possession or assertion of title unless such adverse possession or assertion of title is found to have existed for sixty years.
Perpetual descent of property. —All property, moveable and immoveable, mentioned in the said indenture, or in any of the schedules thereto or in any addition which under section 3 may from time to time be made to those schedules or any of them, shall descend and, subject to the provisions of the said indenture, be enjoyed for ever by the Nawab Bahadoor of Moorshedabad for the time being.
Relief from stamp and registration Laws. —The said indenture shall for all the purposes of all enactments for the time being in force be admissible in evidence and have in all other respects the same effect as if it had been duly stamped and registered in such manner as those enactments, or any of them, or any rule or order under any of them, may require.
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THE SCHEDULE.
(See preamble and following sections.)
HER MAJESTY’S SECRETARY OF STATE FOR INDIA IN COUNCIL,
to
NAWAB SIR SYUD HUSSAN ALI BAHADOOR.
THIS INDENTURE made the twelfth day of March 1891 between the Secretary of State for
the Nawabs Nazim of Bengal, Behar and
late Highness Moontazim-ul-Mulk Mohsen-ud Dowlah Fureedoon Jah
India in Council (hereinafter called “the Secretary of State”) of the one part and Ihtisham-ul-Mulk
Rais-ud Dowlah Amir-ul-Omrah Nawab Sir Syud Hussan Ali Khan Bahadoor Mohabat
Jung, G.C.I.E., Nawab Bahadoor of Moorshedabad (hereinafter called “the said Nawab Bahadoor”)
eldest son of His
Syud Monsoor Ali Khan Bahadoor Nusrut Jung late Nawab Nazim of Bengal, Behar and Orissa
(who is hereinafter referred to as “the said Nawab Nazim”) of the other part. Whereas the said
Nawab Nazim in the year 1838 being then a minor of about the age of ten years succeeded
by hereditary descent to the honours and dignities of the Nizamut and Subahdary of Bengal, Behar
and Orissa and was thereupon declared in and by a proclamation issued and published by and under
the authority of the Governor General of India in Council for the time being to be the Nawab
Nazim and Subahdar of the Provinces of Bengal, Behar and Orissa and to have assumed
and to exercise the authority dignities and privileges of the said office and dignity under the style
and the title of Moontazim-ul-Mulk Mohsen-ud Dowlah Fureedoon Jah Syud Monsoor Ali
Khan Bahadoor Nusrut Jung. And whereas
Orissa and their families have under and by virtue of certain treaties and engagements with
the British Government received out of the revenues of the Provinces of Bengal, Behar and
Orissa certain allowances and stipends including the personal stipend of the Nawab Nazim
hereinafter mentioned. And whereas under various arrangements and
the
administration of the allowances and stipends secured as aforesaid to the said Nawabs Nazim
and their families certain funds known as “Nizamut Deposit Fund” the “Munnee Begum Fund”
and
which applicable to the support of the title and dignity of the said Nawabs Nazim and
the Indenture of
their families aggregated at
1880 hereinafter mentioned about the sum of one crore of rupees. And whereas certain questions
and differences arose between the said Nawab Nazim and the Government of India upon
several matters concerning the position and affairs of himself and the members and dependents
of his family known as the Nizamut family. And whereas with a view to the settlement of
such questions and differences the said Nawab Nazim in the year 1869 with the sanction
of the Viceroy and Governor General of India in Council left Moorshedabad the usual place
of residence of the said Nawab Nazim and proceeded to England where lie remained and resided
until
Majesty’s Government several complaints and claims arising out of the said questions and
differences. And whereas in the year 1873 the Government of India passed an Act (namely Act
No. XVII of 1873) called the “Nawab Nazim’s Debts Act 1873” whereby after reciting inter alia that
the “Moorshedabad Agency Fund” were created and formed
the period hereinafter mentioned and where he preferred
the accumulations of
in course of
the date of
in person
to Her
the 1st day of November
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with respect to certain jewels and immoveable property it was disputed whether they belonged
absolutely to the said Nawab Nazim or were held by the Government of India for the purpose of
upholding the dignity of the Nawab Nazim for the time being and that litigation had consequently
arisen between the creditors of the said Nawab Nazim and the Government of India and reciting that
the Government of India was desirous of settling the said dispute as to the said jewels and
immoveable property it was enacted (inter alia) that the Commissioners thereby directed to be
appointed should ascertain what jewels and immoveable property were held by the Government of
India for the purpose of upholding the dignity of the Nawab Nazim for the time and should certify the
particulars of such jewels and property and that their finding thereon should be binding and
conclusive on all persons whomsoever. And whereas by the said Act the said Commissioners were
also directed to ascertain and certify the amount due and owing in respect of the debts and liabilities
incurred by the said Nawab Nazim in India. And whereas the Government of India subsequently in
discharge and in satisfaction of the debts of the said Nawab Nazim which were ascertained and
certified as aforesaid by the Commissioners appointed in pursuance of the said Act paid the sum of
Rs. 16,85,461-7-5½. And whereas the money required for the purposes of such payment was provided
out of the said Nawab Nazim’s personal stipend. And whereas the said Nawab Nazim preferred
certain claims against the said Secretary of State in respect of the arrears of his said personal stipend
and of other pecuniary claims against the Government of India and in respect of certain jewels and
other moneys and property claimed by the said Nawab Nazim on various accounts connected with the
Nizamut and otherwise. And whereas by Indenture dated the 1st day of November 1880 it was agreed
between the said Secretary of State and the said Nawab Nazim that the said Nawab Nazim should be
paid and should accept and he was paid and accepted the sum of ten lakhs of rupees in full satisfaction
and discharge of all his personal claims of what nature or kind soever against the Government of India
whether connected with or arising out of the Nizamut or otherwise the said sum being made up of the
following particulars namely—
Out of the balance of personal stipend to 31st October, 1880
.
Balance of advance of Rs. 4,00,000 from deposit fund made in
1869 to permit of the said Nawab Nazim proceeding to Eng-
land . . . . . . . . . . . . . . . . . . . . . . .
Value of jewels . . . . . . . . . . . . . . . . . .
Rs.
7,53,642
1,50,000
96,358
TOTAL .
10,00,000
And whereas by the report and certificate of the Commissioners appointed under the said Nawab Nazim’s Debts Act 1873 bearing date the 13th day of December 1875 the said Commissioners certified and declared that the immoveable property and jewels respectively specified in the schedules annexed to their said report and certificate and numbered respectively III and V were State property as therein defined and they annexed to such report and certificate a schedule numbered IV showing the rentals payable for the land and buildings included in the said schedules I and II to
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their said report and the names of the persons to whom such rentals were paid. And whereas by and
with the previous sanction of the Viceroy and Governor General of India in Council certain of the
immoveable properties and jewels specified in schedules IV and VI of the said report and certificate
of the said Commissioners have already been sold or are directed to be sold for the purposes
hereinafter specified and the remainder of the immoveable properties specified in the said schedules I
and II to the said report of the said Commissioners are the properties mentioned and specified in
schedules Nos. I and II attached to these presents. And whereas the said Nawab Nazim returned from
England to India in the month of October 1881 and died at Moorshedabad on the 5th day of
November 1884 leaving the said Nawab Bahadoor his eldest son surviving him. And whereas it is not
considered by the Secretary of State necessary or desirable to maintain any longer the office title
position dignities allowances and privileges of Nawab Nazim of Bengal, Behar and Orissa. And
whereas by a Sanad of His Excellency the Viceroy and Governor General of India dated the 17th
February 1882 the title of Nawab Bahadoor of Moorshedabad has been granted to the said Nawab
Bahadoor. And whereas by a notification of the Government of India dated the 20th July 1867 the
further title of Amir-ul-Omrah has been also granted by His Excellency the Viceroy and Governor
General of India to the said Nawab Bahadoor. And whereas the said titles of Nawab Bahadoor of
Moorshedabad and Amir-ul-Omrah carry with them the precedence rank dignity and privileges of the
premier noble of the Provinces of Bengal, Behar and Orissa and are descendible to the lineal heirs
male of the said Nawab Bahadoor according to the custom of primogeniture the eldest male of the
eldest branch being preferred. And whereas it has been agreed between the Secretary of State and the
said Nawab Bahadoor that such provision shall be made for the maintenance and support of the
Nawab Bahadoor of Moorshedabad and Amir-ul-Omrah for the time being and for the maintenance of
the honour and dignity of his station as is hereinafter contained and that in consideration thereof the
said Nawab Bahadoor shall for himself his heirs and successors in the said station relinquish all claim
to the said position and dignity of Nawab Nazim of Bengal, Behar and Orissa in manner hereinafter
appearing and execute such release in respect of the stipend pay allowances properties privileges and
rights thereof or appertaining thereto as is hereinafter contained. And whereas it has been agreed
between the Secretary of State and the said Nawab Bahadoor that the provision to be made as
aforesaid for the support and maintenance of the Nawab Bahadoor of Moorshedabad and
Amir-ul-Omrah and for the maintenance of the honour and dignity of his station shall comprise and
consist of the following particulars namely : —
1st—An annual payment of Rs. 2,30,000 from the revenues of the Government of British India to be made to the Nawab Bahadoor of Moorshedabad for the time being in manner hereinafter mentioned.
2nd—The income of the immoveable properties mentioned and specified in the said 1st and
2nd Schedules to these presents.
3rd—The income of the immoveable properties mentioned in the 3rd Schedule to these presents as purchased with the sale proceeds of the jewels mentioned and specified in Schedules V and VI to the said report and certificate of the said Commissioners and all properties that may in future be purchased with the sale proceeds of the said jewels.
4th—The income of properties purchased with the sale proceeds of such of the immoveable properties mentioned and specified in the 1st, 2nd and 3rd Schedules to these presents as may at any time with the sanction of His Excellency the Governor General in Council be disposed of.
And whereas various members of the family of the said late Nawab Nazim other than the said Nawab Bahadoor are as such in receipt of or entitled to certain stipends allowances and pay respectively payable to them by the Government of India and it is not intended by these presents to affect or interfere with such stipends allowances or pay respectively, NOW THIS INDENTURE WITNESSETH that in pursuance of the said agreement between the Secretary of State and the said
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Nawab Bahadoor and in consideration of the premises and of the conferring of the titles of Nawab
Bahadoor of Moorshedabad and Amir-ul-Omrah as hereinbefore appears and of the provision
hereinafter made or expressed and intended so to be for the support and maintenance of himself and
his successors in the position and station of Nawab Bahadoor of Moorshedabad and Amir-ul-Omrah
and for the maintenance of the honour and dignity of the said station and saving and without prejudice
to any of the said provisions the said Nawab Bahadoor hath for himself his heirs and successors
relinquished and released and doth hereby for ever relinquish and release all claims and demands to
the rank dignity and position of Nawab Nazim and subahdar of Bengal, Behar and Orissa and to the
title of Nawab Nazim and the authority dignity stipend pay allowances privileges and rights thereof or
in any wise thereunto annexed or appertaining or therewith enjoyed and doth hereby release and
discharge the Secretary of State his successors and assigns and the Viceroy and Governor General of
India in Council and each and every of their servants and agents respectively of and from all actions
claims and demands whatsoever that could be brought or made by him or his heirs or successors for or
in respect of the said title position authority dignity stipend pay allowances privileges and rights as
aforesaid and for and in respect of any act deed matter or thing whatsoever done or omitted by the
Secretary of State or the Viceroy and Governor General of India in Council or any of their servants or
agents acting officially in relation to or affecting the interests or claims of the said Nawab Nazim.
AND THIS INDENTURE FURTHER WITNESSETH that in further pursuance of the said agreement
and for the considerations aforesaid the Secretary of State for himself and his successors doth hereby
covenant with the said Nawab Bahadoor and each one of his lineal heirs male who shall succeed in
the manner above recited to the title of Nawab Bahadoor of Moorshedad and Amir-ul-Omrah that the
Secretary of State and his successors shall and will for the due maintenance and support of the said
titles of Nawab Bahadoor of Moorshedabad and Amir-ul-Omrah and the position and station thereto
attaching and of the honour and dignity thereof pay or cause to be paid annually for ever from the
revenues of the Government of India unto the said Nawab Bahadoor and his lineal heirs male in
perpetuity the sum of rupees two lakhs and thirty thousand by equal monthly instalments of rupees
nineteen thousand one hundred and sixty-six ten annas and eight pies by monthly instalments on or
before the 5th day of each and every succeeding month from the Treasury of the Government of India
at Berhampore and it is hereby further agreed and declared by and between the Secretary of State and
the said Nawab Bahadoor that the several immoveable properties mentioned and specified in the 1st,
and 2nd Schedules to these presents and also the immoveable property mentioned and specified in the
3rd Schedule thereto (being the immoveable property that has been purchased with the sale proceeds
of certain of the jewels mentioned and specified in the V and VI Schedules to the said report and
certificate) and also all other the immoveable properties that shall hereafter be purchased with the sale
proceeds of any of the said jewels mentioned and specified in the said last mentioned schedules and
further all the properties purchased with the sale proceeds of such of the immoveable properties
mentioned and specified in the 1st 2nd and 3rd Schedules to these presents as may at any time with
the sanction of His Excellency the Governor General in Council be disposed of shall henceforth and
for ever be held and enjoyed by the said Nawab Bahadoor and such one among his lineal heirs male as
may be successively entitled to hold the said titles in perpetuity with and subject to the incidents
powers limitations and conditions as to inalienability and otherwise hereinafter contained that is to
say —
1st—The said Nawab Bahadoor shall not nor shall any of his successors in the said titles sell mortgage devise or alienate the said properties respectively or any of them otherwise than by lease or demise for a term not exceeding 21 years and under a rent without bonus or salamee.
2nd—It shall be lawful for the Secretary of State and his successors from time to time if any
default shall be made in payment of the Government revenue or rates or taxes payable to
Government in respect of any of the said immoveable properties to empower the officer in charge
of the Treasury at Berhampore or other proper officer to deduct from and retain out of the said
monthly sum of Rs. 19,166-10-8 hereinbefore covenanted to be paid the amount of any
Government revenue or rates or taxes aforesaid payable in respect of the said immoveable
properties or any of them.
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3rd—The said Nawab Bahadoor and such of his
lineal heirs male as shall
in
force excepted) all
the messuages
succession be entitled to hold the said titles shall maintain and keep in good repair and
condition (reasonable wear and tear and the effects of time fire and earthquake and injury
done by public enemies or by overwhelming
tenements houses and buildings now standing or being upon any of the said immoveable
properties mentioned and described in the said 1st and 2nd Schedules to these presents
respectively (save and except the messuages tenements houses and buildings mentioned
and specified in Schedule 2B hereto which the said Nawab Bahadoor and his heirs male
successors as aforesaid respectively shall be under no obligation to maintain or repair)
and also all the messuages tenements houses and buildings hereafter to be purchased with
the sale proceeds of any of the said jewels mentioned and specified in the said V and
VI Schedules to the report and certificate aforesaid and of any of the immoveable
properties mentioned and specified in the 1st, 2nd and 3rd Schedules to these presents
or that may be erected or built upon any land so to be purchased but it shall be lawful
for
position and station of Nawab Bahadoor of Moorshedabad and Amir-ul-Omrah from time
to time at his or their will and pleasure and discretion to pull down and remove all or any
of the said messuages tenements houses and buildings mentioned and specified in the Schedule
2B hereto which are no longer required and to sell and dispose of the materials thereof and
apply and dispose of the said materials or the sale proceeds thereof for his or their own use
and benefit and in such manlier as he or they shall think fit.
the said Nawab Bahadoor and his heirs male aforesaid successors
to
the said
In case the said Nawab Bahadoor or any of his lineal heirs male successors to the titles
profits
shall at any time in contravention of the terms of these presents attempt to sell mortgage
devise or alienate (otherwise than by such lease or demise as aforesaid) any of the immoveable
properties aforesaid or shall by a course of extravagance or by waste or mismanagement of their
said immoveable properties in the opinion of the Secretary of State for the time being disable
himself from duly maintaining the dignity of the said position and station then and from time
to time whenever and as often as the same shall happen it shall be lawful for the Secretary
of State for the time being at his discretion to enter into and upon the said immoveable
properties and to hold and take possession thereof and receive and take the rents issues
retain
and
and
Rs. 19,166-10-8 payable from the Government Treasury at Berhampore as hereinbefore mentioned
for such period during
Amir-ul-Omrah so acting as aforesaid as
necessary or expedient and the net rents issues and profits of the said immoveable properties
and the said monthly sum of Rs, 19,166-10-8 so to be received and taken by the Secretary of
State as aforesaid shall be applied for the benefit of the said Nawab Bahadoor of Moorshedabad and
Amir-ul-Omrah for the time being for the maintenance of the position and dignity of the said Nawab
Bahadoor of Moorshedabad and Amir-ul-Omrah for the time being in such manner as the Secretary of
State in his discretion shall think proper PROVIDED ALWAYS and it is hereby agreed and declared
the Nawab Babadoor of Moor shedabad and
the said Secretary of State shall seem
of
said monthly
lifetime of
thereof
take
sum
also
and
the
the
to
to
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between and by the said parties to these presents that nothing herein contained shall apply to or affect any property moveable or immoveable of the said Nawab Bahadoor his heirs representatives or assigns not being property included in any of the Schedules to these presents or not being property purchased with the sale proceeds of the jewels or lands hereinbefore mentioned or not being property mentioned in the next following proviso. Provided further that all furniture equipages boats horses camels and elephants in or about the Palace and the Imambara and belonging to the Nawab Bahadoor of Moorshedabad and Amir-ul-Omrah for the time being at the time of his decease shall be the property of and shall be enjoyed by his successor as such. In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written.
Signed sealed and delivered by
William John Cuningham Offi-
ciating -Secretary to the Govern-
ment of India in the Foreign De-
partment for and on behalf of His
Excellency the Governor General
of India in Council acting in the
premises for and on behalf of the
Secretary of State for India in
Council in the presence of
(Sd.)
W. J. CUNINGHAM,
Officiating Secretary to the
Government of India.
(Sd.) G. R. IRWIN,
Offg. Under Secy. to the Govt. of India.
(Sd.) G. W. F. BUCKLAND,
Solicitor and Notary Public, Calcutta.
Signed sealed and delivered by
the abovenamed Ihtisham-ul-Mulk
Rais-ud Dowlah Amir-ul-Omrah
Nawab Sir Syud Hussan Ali
Khan Bahadoor Mohabat Jung
G. C. I. E. Nawab Bahadoor of
Moorshedabad in the presence of
(Sd.) HUSSAN ALI MIRZA.
(Sd.) S. E. J. CLARKE,
Calcutta.
(Sd.) G. W. F. BUCKLAND, Solicitor and Notary Public, Calcutta.
Seal of
the Nawab
Bahadoor
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