Section 28 of The Murshidabad Estate Administration Act, 1933
Power to make rules.
- (1)The Board of Revenue may, with the previous sancion of the State Government 1[and by notification in the Official Gazette, make rules] for the purposeof carrying into effect all or any of the provisions of this Act.
- (2)Inparticular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:--
- (a)the security to be requiredfrom subordinat e officers under Act;
- (b)the procedure to be followed by the Manager in the discharge of his functions under this Act, the accounts which shall be kept by him, and the manner in which such accounts shall be audited;
- (c)the terms, conditions and limitations under which leases may be granted;
- (d)the notices to be given under this Act and the manner of publication of such notices
- (e)theprocedure to the followed by claimants in presenting claims, and by the Manager in the investigation of such claims;
- (f)the procedure to be followed in determining under section 11 the debts and liabilities due to creditors and other persons;
- (g)the allowance of interest on the principal of eachof the debts and liabilities as determined under section 11 from the date on which it was incurred to the date of the determination and on the aggregate amount of such debts and liabilities from the date of the determination to the date of payment;
- (h)the preparation of the schedule of debts and liabilities and of the scheme referred to in section 14 and the order of payment of such debts and liabilities;
- (i)the power s of the Ma na ger t o ma ke or s ancti on s ettle ment s; and
- (j)the procedure to the followed in appeals under this Act. 2[(3) Every rule made by the Board of Revenue under this Act shall be laid, as soon as may be after it is made, before the State Legislature.]
Summary
- The Board of Revenue has the power to create rules to help carry out the goals of the Act.
- The State Government must provide its approval before any of these rules can be officially made.
- All rules must be published in the Official Gazette and later presented to the State Legislature.
- Rules can set the procedures for how the Manager handles his job, keeps accounts, and conducts audits.
- The rules also define how people should submit their claims and how those claims are investigated.
- Specific rules cover the calculation of interest on debts and how the settlement scheme for creditors is organized.
Practical examples
FAQ
1. Who has the final say on whether a rule is made?
The Board of Revenue writes the rules, but they cannot be made without the previous sanction of the State Government.
2. Are these rules kept secret?
No, the Act requires all rules to be published in the Official Gazette so the public and the creditors can see them.
3. Does the local legislature have any oversight of these rules?
Yes, every rule must be laid before the State Legislature as soon as possible after it is created.
Test yourself
1.Under Section 28 of The Murshidabad Estate Administration Act, 1933, which authority actually makes the rules?
2.According to Section 28 of The Murshidabad Estate Administration Act, 1933, what must happen after a rule is made?
3.Under Section 28 of The Murshidabad Estate Administration Act, 1933, which of these is a specific topic that rules may cover?
4.How does Section 28 of The Murshidabad Estate Administration Act, 1933, address the settlement of debts mentioned in Section 14?