62. Section 58 not applicable to such amounts until Sections 52, 53 and 54 are complied with.
- The provisions of Section 58 shall not be applicable to any such amount which may have become so payable under the provisions of [Bengal Act 10 of 1871] [Bengal Act 10 of 1871, has been repealed by this Act, See Section 3.], or of this Act before the fulfilment of the requirements of the Sections 52, 53 and 54; but when any instalment of cess which may have become payable before the fulfilment of such requirements has not been paid to the holder of such estate or tenure on the date on which such instalment was payable, the holder of such estate or tenure may recover the amount of such instalment, together with interest at the rate of [six and a quarter] [Substituted by the Cess (Bihar Amendment) Act, 1939 (Bihar Act 2 of 1939), for the words 'twelve and a half'.] per centum per annum on such amount, and with all costs of suit:Provided that no holder of an estate or tenure shall recover any amount under the provisions of this section unless he has paid to the Collector all sums which became payable by him to such Collector on account of [local cess] [Substituted by the Bihar and Orissa Cess (Amendment) Act, 1916 (Bihar and Orissa Act 1 of 1916), for the words 'road cess and public works cess'.] at any date within the year in which the amount sought to be recovered became payable to such holder of an estate or tenure.
