Section 4 of The Murshidabad Estate Administration Act, 1933
Effect of order under section 3.
On the publication of an order for the appointment of a Manager under section 3, the following consequences shall ensure:— first, all proceedings which may then be pending in any Civil Court in respect of any debts or liabilities to which the Nawab Bahadur may be subject shall be barred, and all processes, executions and attachments for or in respect of such debts and liabilities shall become null and void; secondly, so long as such management continues, no suit or proceeding shall lie against the Nawab Bahadur, 1*** 2 [or the State of 3 [West Bengal]] or the Manager, in respect of any any debt or liability to which the Nawab Bahadur is subject, nor shall the Nawab Bahadur be liable to arrest for or in respect of the debts and liabilities to which he was at the time of such publication subject or in execution of any decree obtained before such publication nor shall his moveable property be liable to attachment or sale, unde r process of any Court for or in respect of such debts and liabilities; thirdly, so long as such management continues—
- (a)the Nawab Bahadur shall be incompetent to mortgage, charge, lease, settle or alienate the immoveable properties of the estate, or to grant valid receipts for the rents and profits arising or accruing therefrom;
- (b)such property shall be exempt from attachment or sale unde r process of any Court; and
- (c)the Nawab Bahadur shall be incapable of entering into any contract which may involve him in pecuniary liability; and fourthly, any amount awarded, before the entry 4 [of the State Government] upon the immovable properties of the estate, under the Land Acquisition Act, 1894 (1 of 1894), by way of compensation for immoveable properties of the estate acquired under that Act, if the amount has been invested in securities under section 32 of that Act or is deposited in Court pending such investment in land or securities, shall, together with all interest and other proceeds thereof not already paid to any person under the provisions of any law, be deliverable to the Manager on behalf 4 [of the State Government] to be disposed of in such manner as the 5 [State Government] may think fit.
Summary
- The publication of a Manager's appointment under section 3 triggers major legal consequences.
- All pending Civil Court proceedings regarding the Nawab Bahadur's debts and liabilities are barred, and existing court orders, executions, or attachments for those debts become null and void.
- While management continues, no new lawsuits or proceedings can be filed against the Nawab Bahadur, the State of West Bengal, or the Manager for his debts or liabilities.
- The Nawab Bahadur is protected from arrest for debts owned at publication or under pre-publication decrees, and his personal movable property cannot be attached or sold by any court for those debts.
- During management, the Nawab Bahadur cannot mortgage, charge, lease, settle, or sell the estate's immovable properties, cannot issue valid receipts for rents, and cannot make contracts that involve monetary liability.
- The estate's immovable properties are exempt from court attachment or sale during management.
- Land acquisition compensation awarded under the Land Acquisition Act, 1894, before the State Government's entry, must be delivered to the Manager to be disposed of as the State Government sees fit.
Practical examples
FAQ
1. What happens to pending court cases about the Nawab's debts when a Manager is appointed?
All pending Civil Court proceedings regarding the Nawab's debts or liabilities are barred, and any ongoing court processes, executions, or attachments for those debts become null and void.
2. Can a creditor file a new lawsuit against the Nawab, the Manager, or the State of West Bengal during management?
No, as long as the management continues, no lawsuit or proceeding can be filed against the Nawab Bahadur, the State of West Bengal, or the Manager in respect of any debt or liability of the Nawab.
3. Is the Nawab Bahadur protected from being arrested for his debts?
Yes, during management, the Nawab Bahadur cannot be arrested for his debts or liabilities that existed at the time of publication, or in execution of any court decree obtained before the publication.
4. Can the Nawab Bahadur sell or mortgage his properties while the Manager is in charge?
No, while management continues, the Nawab Bahadur is legally incompetent to mortgage, charge, lease, settle, or alienate (sell) the immovable properties, and cannot grant valid receipts for rents and profits.
5. What happens to land acquisition compensation money awarded before the government's entry?
Any compensation money awarded under the Land Acquisition Act of 1894 before the government entered the properties, if invested in securities or deposited in court, must be delivered to the Manager (with interest) to be used as the State Government decides.
Test yourself
1.Under Section 4 of The Murshidabad Estate Administration Act, 1933, what happens to court attachments on the Nawab Bahadur's debts that are pending when the Manager is appointed?
2.Under Section 4 of The Murshidabad Estate Administration Act, 1933, who is protected from lawsuits regarding the Nawab Bahadur's debts during management?
3.Under Section 4 of The Murshidabad Estate Administration Act, 1933, what is the Nawab Bahadur incompetent to do with the estate's immovable properties during management?
4.Under Section 4 of The Murshidabad Estate Administration Act, 1933, what kind of contract is the Nawab Bahadur incapable of entering into during management?
5.Under Section 4 of The Murshidabad Estate Administration Act, 1933, what is the status of the estate's immovable property regarding court sales during management?
6.Under Section 4 of The Murshidabad Estate Administration Act, 1933, what must happen to pre-entry land acquisition compensation money that is deposited in court?
7.Under Section 4 of The Murshidabad Estate Administration Act, 1933, which cross-referenced section's order triggers all the legal consequences listed in Section 4?