Amendment status not verified — confirm the current text below against the official source.
5(1) An intermediary may 6 * * * apply to the State Government for recovery by the State rears collected Government for recovery by the State Government of all sums recoverable by him under the provisions of section . rough the State vernment on rtain conditions. ------------------------------------------------------------------------------------------------------------------------------------------- 1These words within the square brackets wre substituted with retrospective effect for the words “together with interest thereon remaining due to” by s.5 of the West Bengal estates Acquisition (Amendment) Act, 1955 (West Ben Act XXXV of 1955). 2The 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” were omitted by s. 4 of the West Bengal estates Acquisition ( Second Amendment) Act, 1954 (West Ben. Act XXVIII of 9154)> 3 This proviso within the sqare brackets was added by s.4, ibid. 4This further proviso was added with retrospective effect by s. 5 of the West Bengal estates Acquisition (Amendment) Act, 1957 (West Ben. Act IV of 1957). 5This sub-section was substituted with retrospective effect for the original sub-section bv s. 6(1) of the West Bengal estates Acquisition (Amendment) Act, 1955 (West Ben. Act XXXV of 1955). 6 The words “at any time within twelve months from the date of vesting.” Were omitted with retrospective effect by s. 6(a) of the West Bengal estates Acquisition (Amendment) Act, 1957 (West Ben. Act IV fo 1957). 21 Page …..17. (Chapter II. Acquisition of estates and of the rights of intermediaries therein.--- Section 9.) (2) The State Government may grant or refuse such application as it thinks fit 1[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]. (1) If the State Government grants the applications, it shall be competent for the State Government to recover 2[all such sums] as if they were public demands, or in any other manner as of the State Government were the intermediary : 3Provided 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, be continued st Ben. against all the co-sharers until the proceedings against each co-sharer in respect of his individual liability as so ct IX of 1961 ascertained have been wholly or partially unsuccessful. (2) The State Government shall, from time to time in accordance with such rules as may be prescribed, send to the intermediary, accounts of the 4[amount recovered in pursuance of sub-section (3)],5[and shall, subject to the terms of the agreement made in compliance with sub-section (2), where such an agreement is made, pay] to the intermediary 6[the amount so recovered after deducting therefrom the actual cost of recovery subject to an minium of twenty per centum of the amount recovered ]. Such accounts shall be treated as conclusive and shall not be questioned in any manner. (3) The State Government shall not be liable if it fails to recover the whole or any portion of 7[the sums referred to in sub-section (1)]. 1These words within the square brackets were added with retrospective effect by s. 6(b) of the West Bengal estates Acquisition (Amendment) Act, 1957 (West Ben Act IV of 1957). 2These words within the square brackets were substituted with retrospective for the words “such arrears aforementioned” by s. 6(2) of the West Bengal estates Acquisition (Amendment) Act 1955 (West Ben. ACT IX of 1955.) 3This proviso was added by s. 6 of the West Bengal estates Acquisition (Amendment) Act ,1961 (West Ben. Act IX of 1961). 4These words within the square brackets were substituted with retrospective for te words”amouns of arrears aforementioned actually collected” by s. 6(3)(a) of the West Bengal estates Acquisition (Amendment) Act , 1955 (West Ben. XXXV of 1955). 5These words within then square brackets were substituted with retrospective effect for the words “and shall pay”by s. 6(c) of the West Bengal estates Acquisition (Amendment) Act 1957 (West Ben. Act IV of 1957.) 6These words within the square brackets were substituted retrospective effect for the words “hald of the amount so collected and retain the other half for itself”by .s 6(3)(b) of the West Bengal estates Acquisition (Amendment) Act, 1955 (West Ben ActXXXV of 1955). 7.Substituted with retrospective effect for the words “such arrears aforementioned” by s. 6(4), ibid. 22 Page…..18. ( Chapter II. Acquisition of estates and of the rights of intermediaries therein.--- Section 10.) llector to take