Section 19 of The Murshidabad Estate Administration Act, 1933
Powers of Manager for realisation of rents, etc.
- (1)The Manager shall have, for thepurpose of realising and recovering the rents, issues and profits of the immoveable properties of the estate, the same powers as the Nawab Bahadur would have had for such purpose had the 1[State Government] not entered into the said properties, and all arrears of rent and all demands recoverable as rent, and all interest due on such arrears or demands shall together with all costs incurred for realising the same be recoverable as public demands. (2)If such properties or any part thereof be in the possession of any mortgagee or conditional vendee, the Manager may apply to the Collector within whose jurisdiction the property is situated, and the Collector shall cause the same to be delivered to the Manager as if a decree therefor had been made in his favour, but without prejudice to the mortgagee or vendee preferring his claim under the provisions elsewhere contained in this Act.
- (3)If such properties or any part thereof be in possession of a Receiverappointed by a Court, the Manager may apply to the Court, and the Court shall cause the same to be delivered to the Manager together with art receipts which may be in the hands of the Receiver or the Court at the time of the application.
Summary
- The Manager is given the same legal powers to collect rent and profits that the Nawab Bahadur would have had if the government had not taken over.
- Any unpaid rent, legal demands, interest, or collection costs are treated as public demands, which means they are recovered using government debt collection processes.
- If a property is being held by a lender or someone who bought it conditionally, the Manager can ask the Collector to return it to the estate.
- Taking back property from a lender does not stop that lender from filing a claim for the money they are owed under other parts of this Act.
- If a Court has appointed a Receiver (a neutral person who manages property during a lawsuit), the Manager can ask the Court to hand over the property and any money the Receiver collected.
Practical examples
FAQ
1. How does the Manager collect unpaid rent from tenants?
The Manager uses the same powers the Nawab had, and unpaid amounts are recovered as public demands, which is a government process for collecting debts.
2. Can the Manager take back property that a lender is currently holding?
Yes, the Manager can apply to the Collector, who will treat the request like a court order and return the property to the Manager.
3. If the Manager takes back a property from a lender, does the lender lose their money?
No, the lender can still file a claim to get their money back through the investigation process described in other parts of the Act.
4. What happens if a court-appointed person is already managing a property?
The Manager can ask the court to deliver the property and all receipts to him, and the court must comply.
Test yourself
1.Under Section 19 of The Murshidabad Estate Administration Act, 1933, how are arrears of rent and interest on those arrears recovered?
2.Under Section 19 of The Murshidabad Estate Administration Act, 1933, what authority does the Manager contact to recover property held by a mortgagee (lender)?
3.Under Section 19 of The Murshidabad Estate Administration Act, 1933, if a Manager recovers property from a lender, what happens to the lender's right to claim their debt?
4.Under Section 19 of The Murshidabad Estate Administration Act, 1933, if a Court Receiver has property receipts, what must the Court do upon the Manager's application?