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United Province - Section

Section 6 in The Moorshedabad Act, 1891

6. 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.The Schedule.(See Preamble and Following Sections.)Her Majesty's Secretary of State for India in Council,ToNawab Sir Syud Hussan Ali bahadoor.THIS INDENTURE made the twelfth day of March 1891 between the Secretary of State for 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 late Highness Moontazim-ul-Mulk Mohsen-ud Dowlah Fureedoon Jah 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 the Nawabs Nazim of bengal, behar and 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 in course of 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 the "Moorshedabad Agency Fund" were created and formed the accumulations of which applicable to the support of the title and dignity of the said Nawabs Nazim and their families aggregated at the date of the Indenture of the 1st day of November 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 the period hereinafter mentioned and where he preferred in person to Her 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 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
Rs.****
Out of the balance of personal stipend to 31st October, 1880**** 7,53,642****
balance of advance of Rs. 4,00,000 from deposit fund made in 1869 to permit of the said Nawab Nazim proceeding to England**** 1,50,000****
Value of jewels**** 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 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 bahadoorAnd 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 :