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State of Assam - Section

Section 393 in Gauhati Municipal Corporation Act, 1971

393. Relief to agent and trustees.

(1)Where any person, by reason of his receiving rent of immovable property as a receiver, agent or trustee or of his being a receiver, agent or trustee of the person who would have received the rent if the property were let to a tenant, would under this Act or any rule or bye-law made thereunder, be bound to discharge any obligation imposed on the owner of the property for the discharge of which money is required, he shall not be bound to discharge the obligation unless he has, or but for his own improper act or default might have had, funds in his hands belonging to the owner sufficient for the purpose.
(2)The burden of proving any fact entitling a receiver, agent or trustee to relief under sub-section (1) shall lie upon him.
(3)Where any receiver, agent or trustee has claimed and established his right to relief under this section, the Commissioner may, by notice in writing, require him to apply to the discharge of his obligation as aforesaid the first moneys which may come to his hands on behalf, all for the use of the owner and on failure to comply with the notice he shall be deemed to be personally liable to discharge the obligation.Payment of Compensation