The Mangrol And Manavadar (Administration Of Property) Act, 1949

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The Mangrol And Manavadar (Administration Of Property) Act, 1949 was enacted on 14th February 1949. After the enforcement of the Act the Mangrol and Manavadar (Administration of Property) Ordinance, 1948 (22 of 1948), stands repealed. After independence the States were reconstituted and their territories were being re-defined for proper administration. The princely states and estates owned by zamindars ran into the hands of Central Government. The properties of the States of Mangrol and Manavadar too ran into the hands of Central Government. The Act was enacted for entrustment of certain properties belonging to States of Mangrol and Manavadar in the managers of these states.

The term managers as defined under section 2 are the officials appointed by Central Government. The region of Mangrol and Manavadar was predominantly ruled by Muslims. Thus under section 3 of the Act all the properties owned by ‘Shaikhs’ and ‘Begums’ were vested in managers so appointed by the Central Government. The act provides for appointment of separate managers for State of Manavadar and Mangrol. Such managers had enormous rights over the property so entrusted. The managers under the section 4 to section 7 are vested with enormous powers. The managers had similar rights on the property as that of a real owner. Incase any payment ought to be made for property the same could be made to the manager thus discharging the person making payment from any obligations in relation to the property. Only incase the property entrusted to the manager was held by a trust, the managers so appointed were required to follow the rules of such trust. Any transfer or arrangement with respect to such property other than by manager is deemed void under the Act. The managers also had right over the security created for purpose of raising a public loan, issued by the government. Manager who did not have a right over security could apply to the Reserve Bank of India who shall issue security in favour of the Manager under section 6 of the Act. The security so issued shall have same effect as if issued under Public Debt (Central Government) Act, 1944.

The Central Government has power to call for information with respect to properties belonging to State of Mangrol and Manavadar. The information so called is to determine whether a particular property belongs to the State of Mangrol and Manavadar. Incase a person from whom notice is sought does not provide for the requisite information he shall be penalised under section 8 sub clause (2), the punishment may include imprisonment for three months or fine of rupees one thousand or with both.

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The Act prohibits interference of any Court whether Civil or Criminal with respect to property vested with the managers of the State of Mangrol and Manavadar. Incase of any claim arising, it shall be settled by Central government itself. The Act divides the property of Mangrol and Mavadar into two schedules, while former is covered under part I the properties of latter are covered under part II. The Central government has power to alter, make additions and deletions in these schedules. The act restricts filing of any suit against State Government, The Reserve Bank of India and managers of the estates of Mangrol and Manavadar for any act done in good faith in pursuance of provisions of this Act.

The Act came into force immediately after independence where after the ‘British India’ was being reconstituted into India. The Act makes provisions for properties which were not vested into central government were vested in hands of managers on whom such property was entrusted.

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by Vibhuti Nakta