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State of West Bengal - Section

Section 8 in West Bengal Estates Acquisition Act, 1953

8. Arrears of rent due to an intermediary and decrees for such arrears.

—All arrears of rent and cesses [together with interest thereon and other amounts lawfully recoverable by] [Substituted by Section 5 of the West Bengal Estates Acquisition (Amendment) Act, 1955 (West Bengal Act No. 35 of 1955) (with retrospective effect) for the words together with interest thereon remaining due to.] any intermediary on the date of vesting from any person, in respect of any interest of such intermediary which vests under section 5, and all sums due from such person in respect of any decree for arrears of rent in respect of such interest, whether having the effect of a rent-decree or money-decree and whether obtained before or after the date of vesting, and the execution of which is not barred by limitation, shall continue to be recoverable by such intermediary [ xxx ]:[The words "and shall without prejudice to any other mode of recovery be recoverable by attachment of any money that may be payable as compensation to such person under this Act" omitted by Section 4 of the West Bengal Estates Acquisition (Second Amendment) Act. 1954 (West Bengal Act 28 of 1954).][Provided that if such person be himself an intermediary, the recovery of such arrears from the compensation payable to him shall be subject to the provisions of section 26 of this Act :][First proviso added by Section 4 of the West Bengal Estates Acquisition (Second Amendment) Act, 1954 (West Bengal Act 28 of 1954).][Provided further that if on the date of vesting a notification under section 99 of the Cess Act, 1880 ( Bengal Act No. 9 of 1880), was in force in respect of any interest of an intermediary or if any interest of an intermediary was let in farm or managed by a Collector under clause (b) or clause (c) of section 73 of the Bengal Embankment Act, 1882 ( Bengal Act No. 2 of 1882), then in computing the period of limitation for the institution of any suit or proceeding by the intermediary for the recovery of any arrears of rent or cesses in respect of such interest, the period during which such notification was in force or during which the interest was let in farm or managed by the Collector, shall be excluded.][Second proviso added by Section 5 of the West Bengal Estates Acquisition (Amendment) Act, 1957 (West Bengal Act No. 4 of 1957) (with retrospective effect).]