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State of West Bengal - Section

Section 41 in The Calcutta Metropolitan Water And Sanitation Authority Act, 1966

41. Realisation of taxes, fees and charges and recovery of arrears thereof.-

(1)The Authority shall be regulations specify the time, place and manner of payment of the taxes, fees, charges and surcharges payable under this Act.
(2)Interest at 6 per cent, per annum shall be payable on all taxes, fees, charges and surcharges remaining unpaid after due dates.
(3)The taxes, fees, charges and surcharges due from any person in respect of any premises on account of supply of water and other services rendered by the Authority together with interest, if any , payable thereon shall, subject to the prior payments of land-revenue, if any due to the Government thereon and of municipal rates, if any, due to any municipal corporation or the commissioners of a municipality, as the case may be, be a first charge on the land and buildings, comprised in the premises, and upon the movable property, if any, found within such premises and belonging to the said person.
(4)
(i)If any local or public authority fails to pay the taxes, fees, charges and surcharges or any interest thereon due from it for a period of six months, the Authority may approach the State Government for taking necessary steps for recovery of the same and the State Government may then attach the fund or any portion thereof belonging to such local or public authority.
(ii)After attachment, no person except an officer appointed in this behalf by the State Government shall in any way deal with the attached fund or portion thereof but such officer may do all acts in respect thereof which any such local or public authority or officer or servant thereof might have done if such attachment had not taken place, and may apply the proceeds in satisfaction of the arrears and of all interests due in respect thereof and of all expenses caused by the attachment and subsequent proceedings:
Provided that no such attachment shall defeat or prejudice any debt for which the fund attached was previously charged in accordance with law but all such prior charges shall be paid out of the proceeds of the fund before any part of the proceeds is applied to the satisfaction of the debt due to the Authority.