Section 12 in The Bengal Tanks Improvement Act, 1939
12. Authorised person to pay rent to owner and compensation to person other than the owner dispossessed by him.
- [(1) Where a derelict tank is, at the time of the taking of possession thereof by an authorised person, in the actual possession of the owner of the tank the authorised person shall pay, during the period he remains in possession, to such owner at such times and in such manner as may be prescribed, such rent as the Collector, after such inquiry as he thinks fit, may determine :Provided that were the authorised person is the owner of the tank in actual possession thereof, no such payment of the rent determined by the rent shall be included in and form part of the costs incurred or likely to be incurred by the authorised person in carrying out the required improvements in the tank.] [Original section 12 renumbered as sub-section (2) and new sub-section (1) inserted by W.B. Act 24 of 1948.](2)[ Where a derelict tank is at the time of the taking of possession thereof by an authorised person, in the actual possession of any person other than the owner of the tank, the authorised person shall, at such times and in such manner as may be prescribed, pay to the person dispossessed by him such compensation as the Collector, after such inquiry as he thinks fit, may determine. Such compensation shall not be less than the amount of the rent which the person so dispossessed is liable to pay in respect of the tank, and shall be deemed to be a full and complete satisfaction for all loss suffered by such person as a result of the interference with his possession.] [Original section 12 renumbered as sub-section (2) and new sub-section (1) inserted by W.B. Act 24 of 1948.]
