Bare ActsThe BANGALORE PALACE (ACQUISITION AND TRANSFER) ACT, 1996

Section 5

General effect of vesting

Amendment status not verified — confirm the current text below against the official source.

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, regalia, painting, 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 other interested persons 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 attachment, injunction or decree or order of any court or authority restricting the use of such property in any manner shall be deemed to have been withdrawn. (3) Every legal representative, heir or other person 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 in section 8 and also out of the amount determined under section 9. 5 (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, 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 and also out of the amount determined under section 9, but no such mortgage, charge, lien or other interest shall be enforceable against any property which has vested in the State Government. (6) If, as 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 representatives or heirs or other interested persons, 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 5 – The BANGALORE PALACE (ACQUISITION AND TRANSFER) ACT, 1996 | DailyLaw.ai