Section 12 in West Bengal Estates Acquisition Act, 1953
12. Payment of ad interim compensation.
-[(1)] [Original section renumbered as sub-section (1) of that section by Section 5 of the West Bengal Estates Acquisition (Second Amendment) Act. 1954 (West Bengal Act 28 of 1954).] Every intermediary whose estate or interests have vested in the State and have been taken charge of by the Collector under section 10 shall be entitled to receive in cash, in respect of such estate or interests at such time and in such manner as may be prescribed, an annual ad interim payment of [such amount as may be prescribed] [Substituted by Section 4 of the West Bengal Estates Acquisition (Second Amendment) Act, 1961 (West Bengal Act No. 19 of 1961) (with retrospective effect) for the words one third of the net approximate annual income from such estates and interests calculated in the prescribed manner.]. Such payments shall be deemed to be part of the compensation payable to such intermediary and shall, at the time of payment of such compensation, be deducted and adjusted against it, so however that where such compensation is payable partly in cash and partly in [bonds, the adjustment shall be first against the compensation payable in cash [and the interest on such compensation payable under this Act] [Substituted by Section 7(1)(a) of the West Bengal Estates Acquisition (Amendment) Act, 1961 (West Bengal Act No. 9 of 1961) for the words annual instalments, the adjustment shall, as far as practicable, be against the instalments.] and then, if necessary, against the compensation payable in bonds :]Provided that the first annual ad interim payment shall be made within eighteen months from the date of vesting [and no ad interim payment shall be made [after assessment of the compensation payable to the intermediary and publication of the Compensation Assessment Roll under sub-section (1) of section 14 or sub-section (5) of section 15, as the case may be] [The words and figures and no ad interim payment shall be made after the date of final publication under section 21 of the Compensation Assessment Roll in respect of such intermediary added by Section 7(1) of the West Bengal Estates Acquisition (Amendment) Act, 1955 (West Bengal Act No. 35 of 1955) (with retrospective effect).]] :[Provided further that where having regard to the financial position and other circumstances, if any, of an intermediary or a class of intermediaries or of a person or a class of persons entitled to receive compensation under the provisions of this Act, the State Government considers it necessary so to do, the State Government may, by order, direct ad interim payment to such intermediary or such class of intermediaries or to such person or such class of persons of such amounts and at such intervals as may be specified in the order, the amount so paid being adjusted in the manner laid down in the foregoing provisions of this sub-section.][Second proviso Substituted by Section 7(1)(b) of the West Bengal Estates Acquisition (Amendment) Act, 1961 (West Bengal Act No. 9 of 1961), which was earlier added by Section 12 of the West Bengal Estates Acquisition (Second Amendment) Act, 1954 (West Bengal Act 28 of 1954).](2)[ Notwithstanding anything contained in sub-section (1), where the estate or interest of an intermediary referred to in clause (i) of sub-section (1) of section 6 has vested in the State and has been taken charge of by the Collector under section 10, such intermediary shall be entitled to receive an annual ad interim payment of the approximate net annual income from the estate or interest excluding the portion thereof which the intermediary has retained under the provisions of sub-section (1) of section 6, subject to deduction or adjustment in such manner as may be determined in this behalf by the Compensation Officer against the annuity payable under the proviso to sub-section (1) of section 17.][Sub-section (2) Substituted by Section 7(2) of the West Bengal Estates Acquisition (Amendment) Act, 1955 (West Bengal Act No. 35 of 1955) (with retrospective effect), which was earlier Inserted by Section 5(2) of the West Bengal Estates Acquisition (Second Amendment) Act, 1954 (West Bengal Act 28 of 1954).](3)[ It shall be competent, notwithstanding anything to the contrary elsewhere in this Act or in any enactment or any general principle of law, to make any payment of any compensation (ad interim or final) under this Act,(a)in the case of a minor, to the guardian of such minor, and(b)in the case of a lunatic, to the manager of the estate of such lunatic appointed under the Indian Lunacy Act, 1912 (IV of 1912):Provided that except in the case of the following Masses of guardians, that is to say,(i)a natural guardian,(ii)a guardian appointed by the will of a minor's father or mother,(iii)a guardian appointed or declared by a court, and(iv)a person empowered to act as or exercise the powers of a guardian by or under any enactment relating to court of wards, no payment as aforesaid shall be made unless the guardian furnishes security in accordance with prescribed rules.][Sub-section (3) Inserted by Section 7 of the West Bengal Estates Acquisition (Amendment) Act, 1957 (West Bengal Act No. 4 of 1957) (with retrospective effect).](4)[ An intermediary who is a limited owner shall be entitled to receive ad interim payment to the extent of the amount of interest calculated in accordance with the provisions of this Act on the estimated total compensation payable for the estate or interests vesting in the State.][Sub-section (4) Inserted by Section 7(2) of the West Bengal Estates Acquisition (Amendment) Act, 1961 (West Bengal Act No. 9 of 1961).]
