Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 5]

United Province - Act

The Moorshedabad Act, 1891

UNITED PROVINCE
India

The Moorshedabad Act, 1891

Act 15 of 1891

  • Published in Gazette of India 15 on 21 March 1891
  • Not commenced
  • [This is the version of this document from 21 March 1891.]
  • [Note: The original publication document is not available and this content could not be verified.]
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-ulOmrah 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:

1. ShortTitle and commencement.

(1)This Act may be called the Moorshedabad Act, 1891; and
(2)It shall come into force at once.

2. Confirmation of indenture of March, 1891.

The said indenture is hereby confirmed.

3. 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.

4. 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.

5. 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.

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 :

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 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.

3rd.

-The said Nawab bahadoor and such of his lineal heirs male as shall in 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 force excepted) all the messuages 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 the said Nawab bahadoor and his heirs male aforesaid successors to the said 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.In case the said Nawab bahadoor or any of his lineal heirs male successors to the titles 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 and profits thereof and also to take and retain the said monthly sum of Rs. 19,166-10-8 payable from the Government Treasury at berhampore as hereinbefore mentioned for such period during the lifetime of the Nawab babadoor of Moor shedabad and Amir-ul-Omrah so acting as aforesaid as to the said Secretary of State shall seem 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 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 Officiating -Secretary to the Government of India in the Foreign De- (Sd.) W. J. CUNINGHAM, partment for and on behalf of His Officiating Secretary to the Excellency the Governor General Government of India. 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 Signed sealed and delivered by William John Cuningham Officiating -Secretary to the Government of India in the Foreign Department 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.