44A. [ Recovery, under the certificate procedure, of payments made in respect of land held by tenants. [Inserted by Bengal Act 2 of 1902.]
(1)If any landholder or superior tenant has made any payment under the foregoing provisions of this Act in respect of lands which are or were held by tenants immediately from him and which have been benefited by any scheme or works carried out under this Act;and if he has not enhanced the rent of such tenants under Section 42, clause (a), or Section 43, clause (a), or recovered under Section 42, clause (b), Section 43, clause (b), or Section 44 the sum due to him;he may, upon application to the Collector as hereinafter provided, but subject to the provisions of sub-section (1) of Section 44 as to instalments, recover from such tenants such sums as he may be entitled to according to the proportion order the rules laid down in clause (c) of Section 42, with interest from the date of such payment.(2)An application in respect of a payment may be made under this section by a landholder who was declared by an order passed under Section 36 to be liable to make such payment, although his name has been removed, by an order made under Section 36-A, from the list of persons declared liable to make payments.(3)If any tenants referred to in sub-section (1) have transferred their tenancies, the sums referred to in that sub-section may be recovered thereunder.(a)from the said tenants for the period during which they occupied the benefited land since the carrying out of the said scheme or works, or(b)from the tenants in possession.
