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Mysore Palace (Acquisition and Transfer) Act, 1998 Chapter II - Bare Act

State

Karnataka Government

Year

Section Title

Transfer and Vesting of the Mysore Palace

Act Info:



On the appointed day, the Mysore Palace (hereinafter referred to as the Palace) and the right, title and interest of the legal representatives or heirs and transferees in relation to the Palace, shall, by virtue of this Act stand transferred to, and shall vest absolutely in the State Government.


Section 5 - General effect of vesting

(1) The Palace shall be deemed to include all assets, rights, leaseholds, powers, authorities and privileges and all property, moveable and immovable including buildings, temples, places of worship, open space, park, garden and all other pieces of art, regalia, the Royal Treasures including Royal Thrones, Royal Crowns, the Howdah, Royal wears and ornaments, paintings, art works, sculptures and all other rights and interests in or arising out of such property, as were immediately before the appointed day in the ownership, possession, power or control of the legal representatives or heirs or transferees and all books of accounts, registers and other documents of whatever nature relating thereto.

(2) All properties aforesaid, which have vested in the State Government under section 4 shall, by virtue of such vesting be freed and discharged from any trust, obligation, mortgage, lease, charge, lien and all other encumbrances affecting them and any attachment, injunction, judgement, decree or order of any court or other authority restricting the use of such property in any manner shall be deemed to have been withdrawn.

(3) Every legal representative or heir or transferee who has, on the appointed day, any right, title or interest in relation to the Palace shall have the right to prefer his claim in the prescribed manner before the Commissioner for payment of amount out of the amount, specified under section 8.

(4) Every mortgagee of any property which has vested under this Act in the State Government and every person holding any charge, lease, lien or other interest in or in relation to, any such property shall give, within such time and in such manner as may be prescribed, an intimation to the Commissioner of such mortgage, lease, charge, lien or other interest.

(5) For the removal of doubts, it is hereby declared that the mortgagee of any property referred to in sub-section (4) or other person holding any charge, lease, lien or other interest in or in relation, to any such property shall be entitled to claim in accordance with his rights or interest, payment of the mortgage money or other dues in whole or in part out of the amount specified in section 8, but no such mortgage, lease, charge, lien or other interest shall be enforceable against any property which has vested in the State Government.

(6) If, on the appointed day, any suit, appeal or other proceeding of whatever nature, in relation to any property which has vested in the State Government under section 4, instituted or preferred by or against the legal representative or heir or transferees, is pending, the same shall not abate, be discontinued or in any way prejudiciously affected by reason of the transfer of the Palace or anything contained in this Act, but the suit, appeal or other proceeding may be continued, prosecuted and enforced by or against the State Government, or, where the Palace is directed under section 7 to vest in the Board by or against the Board.


Section 6 - Legal Representatives or heirs or transferees to be liable for certain prior liabilities

(1) Every liability of the legal representatives, heirs and transferees in relation to the palace in respect of any period, prior to the appointed day, shall be the liability of such legal representatives or heirs or transferees, as the case may be, and shall be enforceable against them and not against the State Government or where the Palace is directed under section 7 to vest in the Board, against the Board.

(2) For the removal of doubts, it is hereby declared that,-

(a) save as otherwise expressly provided in this section or in any other section of this Act, no liability of legal representatives or heirs or transferees in relation to the Palace in respect of any period prior to the appointed date shall be enforceable against the State Government or where the Palace is directed under section 7 to vest in the Board against the Board.

(b) no award, decree or other order of any court, tribunal or other authority in relation to the Palace passed after the appointed day in respect of any claim or dispute in relation to any matter which arose before that day, shall be enforceable against the State Government or where the Palace is directed under section 7 to vest in the Board against the Board.

(c) no liability incurred by the legal representatives or heirs or transferees before the appointed day for the contravention of any provision of any law for the time being in force shall be enforceable against the State Government or where the Palace is directed under section 7 to vest in the Board against the Board.


Section 7 - State Government to direct vesting of the Palace in the Board

(1) Notwithstanding anything contained in sections 4 and 5, the State Government shall subject to such terms and conditions as it may think fit to impose direct by notification, that the Palace which has vested in the State Government under section 4 shall instead of continuing to vest in the State Government vest in the Board either on the date of notification or on such earlier date (not being a date earlier than the appointed day) as may be specified in the notification.

(2) Where the right, title and interest in relation to the Palace have vested in the Board under sub-section (1), the Board shall, on and from the date of such vesting be deemed to have become the owner in relation to the Palace and all the rights and liabilities of the State Government under the Act on and from the date of such vesting be deemed to have become the rights and liabilities of the Board.


Section 8 - Amount to be given to legal representatives or heirs or transferees

For the transfer to and vesting in the State Government of the Palace under section 4 and the right, title and interest in relation to the Palace, the State Government shall pay an amount of rupees thirty-two crores by depositing the same with the Commissioner and the said amount shall be paid to the legal representatives or heirs or transferees entitled thereto in the manner specified in Chapter IV.


Section 9 - Payment of further amount

(1) The amount specified in section 8 shall carry simple interest at the rate of four per cent per annum for the period commencing on the appointed day and ending on the date on which payment of such amount is made by the State Government to the Commissioner.

(2) The amount determined in accordance with the provisions of sub-section (1) shall be given by the State Government to the legal representatives or heirs or transferees, as the case may be, in addition to the amount specified in section 8.

(3) For the removal of doubts, it is hereby declared that the liability of the legal representatives or heirs or transferees in relation to the Palace which has vested in the State Government under section 4 shall be discharged from the amount referrred to in section 8, and also from the amounts determined under sub-section (1), in accordance with the rights and interests of the creditors of the legal representatives or heirs or transferees, as the case may be.


Section 10 - Right of prince to live in portion of the palace etc,.

Notwithstanding anything contained in this Act Sri Srikantadatta Narasimharaja Wadeyar (hereinafter referred to as prince) and his wife shall be allowed to continue to live in the portion of the palace specified in Schedule II for their life time:

Provided that if within two years from the appointed day the prince and his wife exercise an option to vacate the portion of the palace and live outside and such option is communicated to the State Government, the State Government shall within six months from the date of receipt of such communication grant to the prince and his wife one acre of land within Mysore Urban Agglomeration and also rupees one crore towards cost of construction of a new house therein for their residence and the prince and his wife shall within three years from the date of such grant vacate the portion of the palace and deliver the vacant posession thereof to the State Government or the Board, as the case may be.





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