Section 9 in West Bengal Estates Acquisition Act, 1953
9. Option to have arrears collected through the State Government on certain conditions.
[(1) An intermediary may [ xxx ] [[Sub-section (1) Substituted by Section 6(1) of the West Bengal Estates Acquisition (Amendment) Act, 1955 (West Bengal Act No. 35 of 1955) (with retrospective effect), which read as under :(1)An intermediary whose estate or interests have vested in the State under section 5, may, at any time within six months, from the date of vesting, apply to the State Government that he desires to have all arrears of rent and cesses together with interest thereon, which had accrued to him before such date and are not barred by limitation, to be recovered by the State Government in consideration of half the amount actually collected being paid to the State Government.]] apply to the State Government for recovery by the State Government of all sums recoverable by him under the provisions of section 8.](2)The State Government may grant or refuse such application as it thinks fit [but no such application shall be granted if made after the expiry of twelve months from the date of vesting unless the intermediary makes an agreement in writing referred to in the proviso to sub-section (1) of section 7].[Added by Section 6(b), ibid (with retrospective effect).](3)If the State Government grants the application, it shall be competent for the State Government to recover [all such sums] [Substituted by Section 6(2) of the West Bengal Estates Acquisition (Amendment) Act, 1955 (West Bengal Act No. 35 of 1955) (with retrospective effect) for the words such arrears aforementioned.] as if they were public demands, or in any other manner as if the State Government were the intermediary :[Provided that if any such sum be recoverable from more persons than one who are co-sharers and who are jointly and severally liable to pay such sum, the extent of liability of each such co-sharer shall first of all be ascertained by the Court in which, or the Officer before whom, proceedings in execution are taken, and no such proceedings shall, after the passing of the West Bengal Estates Acquisition (Amendment) Act, 1961 (West Bengal Act No. 9 of 1961), be continued against all the co-sharers until the proceedings against each co-sharer in respect of his individual liability as so ascertained have been wholly or partially unsuccessful.][Proviso added by Section 6 of the West Bengal Estates Acquisition (Amendment) Act, 1961 (West Bengal Act No. 9 of 1961).](4)The State Government shall, from time to time in accordance with such rules as may be prescribed, send to the intermediary, accounts of the [amount recovered in pursuance of sub-section (3)] [Substituted by Section 6(3)(a) of the West Bengal Estates Acquisition (Amendment) Act. 1955 (West Bengal Act No. 35 of 1955) (with retrospective effect) for the words amounts of arrears aforementioned actually collected.], [and shall, subject to the terms of the agreement made in compliance with sub-section (2), where such an agreement is made, pay] [Substituted by Section 6(c) of the West Bengal Estates Acquisition (Amendment) Act, 1957 (West Bengal Act No. 4 of 1957) (with retrospective effect) for the words and shall pay.] to the intermediary [the amount so recovered after deducting therefrom the actual cost of recovery subject to a minimum of twenty per centum of the amount recovered] [Substituted by Section 6(3)(b) of the West Bengal Estates Acquisition (Amendment) Act, 1955 (West Bengal Act No. 35 of 1955) (with retrospective effect) for the words half of the amount so collected and retain the other half for itself.]. Such accounts shall be treated as conclusive and shall not be questioned in any manner.(5)The State Government shall not be liable if it fails to recover the whole or any portion of [the sums referred to in sub-section (1)].[Substituted by Section 6(4), ibid (with retrospective effect) for the words such arrears aforementioned.]
