Section 489 in The Gujarat Provincial Municipal Corporations Act, 1949
489. Limitation of liability of agent or trustee or owner.
(1)No person who receives the rent of any premises in any capacity described in paragraph (ij, (ii) or (iii) of sub-clause (a) of clause (45) of section 2, shall be liable to do anything which is by this Act required to be done by the owner unless he has or, but for his own improper act or default, might have had sufficient funs of or due to the owner to pay for the same.(2)The burden of proving the facts entitling any person to relief under sub-section (1) shall rest on such person.(3)When any person has secured relief under sub-section (1) the Commissioner may, by written notice, require such person to apply to the discharge of any obligation which he would, but for such relief, be bound to discharge, the first moneys which shall come to his hand on behalf of or for the use of the owner, and any person who fails to comply with such notice shall be deemed to be personally liable to discharge such obligation.(4)Nothing in this section shall be deemed to prevent the Commissioner from carrying out the necessary works and recovering the expenses from the actual owner.
