Section 29 in The Bengal Agricultural Debtors Act, 1936
29. Distribution of sale proceeds. -
(1)When a Certificate Officer has sold property of a debtor under sub-section (2) of section 22 or under section 28 he shall first pay from the proceeds of the sale any amount payable as costs of sale in execution of the certificate and next-(a)any amount payable for arrears of rent under the award and as arrears of rent which may have fallen due between the date of determination of the debt under sub-section (2) of section 18 and the date of confirmation of the sale; and(b)any amount due to the [State Government] [Words substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950, respectively.] included in a certificate issued under the Bengal Public Demands Recovery Act, 1913.(2)After making the payment under sub-section (1), if any, the Certificate Officer shall proceed as follows:-(a)he shall, in the first instance, apply the surplus of the proceeds realised from the sale of any portion of the immovable property for which he has kept a separate account under the provisions of sub-section (5) of section 28 to the payment of any amounts payable under the award or under a decree of a Civil Court to creditors on account of debts which are secured by a mortgage, lien or charge upon such property in order of priority determined in accordance with the provisions of the Transfer of Property Act, 1882, and if such surplus is insufficient to meet such payments the balance of such amounts shall, unless the debt has been extinguished by such sale, rank equally with unsecured debts:Provided that if there is any dispute or doubt as to the priority of payment of such debts the Certificate Officer shall refer the matter to the Appellate Officer who shall determine the same according to the provisions of the aforesaid Act;(b)when there is a surplus after payment of the amounts referred to in clause (a), the Certificate Officer shall apply the sum of such surplus and of any proceeds realised from the sale of other property of the debtor to the payment of any other amounts payable under the award, and if such sum is insufficient to meet such payment such other amounts and any amount payable on account of an unsecured debt for the recovery of which a decree has been passed by a Civil Court, and of which details are given in the award under clause (c) of sub-section (1) of section 25, shall rank equally between themselves for purposes of payment:Provided that if any instalment has been paid under the award, for the year when an instalment fell due for the recovery of which application has been made under sub-section (1) of section 28, any instalment which fell due in that year, but which has not been paid, shall be given priority;(c)any surplus remaining after payment of the creditors in accordance with the foregoing provisions of this section shall be paid by the Certificate Officer to the debtor.(3)The proceedings of a Certificate Officer under this section shall be in accordance with rules made under this Act.(4)Notwithstanding anything contained in the Bengal Public Demands Recovery Act, 1913, if any amount payable under an award in respect of a debt secured by a mortgage, lien or charge on an immovable property of a debtor which is exempted from sale under the said Act cannot be recovered as a public demand, the Certificate Officer shall recover such amount by the sale of such immovable property and shall pay to the debtor the balance(if any) remaining after payment of such amount. The procedure under the Bengal Public Demands Recovery Act, 1913, shall be applicable to such sale.(5)If the Certificate Officer fails to recover as a public demand or under the provisions of sub-section (4) any amount payable under the award, he shall certify that it is irrecoverable and thereupon the award shall cease to subsist and any amount that was payable under it shall be recoverable within three years from the date on which the award ceased to subsist as if a decree of the Civil Court had been passed for its payment on such date:Provided that the Certificate Officer, instead of at once certifying any part of such amount to be irrecoverable, may make a report to the Board which may pass an order declaring that the debtor is insolvent and thereupon the provisions of sub-section (5) of section 22 shall as far as possible apply to such insolvent.
