schedule under West Bengal Public Demands

Public Demands [See sees. 3(6) and 34(b)]

1. Any arrear of revenue which remains due in the following circumstances, namely:

When, under the provisions of Bengal Land-Revenue Sales Act, 1859 (XI of 1859), or the Bengal Land-Revenue Sales Act, 1868 (Ben. Act VII of 1868), or any other law for the time being in force, an estate or tenure, or any share of an estate or tenure, has been sold for the recovery of arrears of revenue due thereupon, and, after deducting the expenses of such sale, the balance of the sale-proceeds remaining is insufficient to liquidate the arrears of revenue in discharge of which such sale-proceeds may, under the said provisions, be applied.

2. Any arrear of revenue which is due from a farmer on account of an estate held by him in farm, and is not paid on the latest day of payment fixed under section 3 of the said Bengal Land Revenue Sales Act, 1859 (XI of 1859).

3. Any money which is declared by any law for the time being in force to be recoverable or realizable as an arrear of revenue or land-revenue, or by the process authorized for the recovery of arrears of revenue or of the public revenue or of Government revenue.

4. Any money which is declared by any enactment for the time being in force—

(i) to be a demand or a public demand, or
(ii) to be recoverable as arrears of a demand or public demand, or as a demand or public demand, or
(iii) to be recoverable under the Bengal Land Revenue Sales Act, 1868 (Ben. Act VII of 1868).

5. Any money due from the sureties of a farmer in respect of the revenue of. the estate farmed by him.

6. Any money awarded as fees or costs by a revenue authority under any law or any rule having the force of law.33

7. Any demand payable to the Collector by a person holding any interest n land, pasturage, forest-rights, fisheries or the like, whether such interest is or is not transferable, when such demand is a condition of the use and enjoyment of such land, pasturage, forest-rights, fisheries or other thing.

8. In the case of property which, under the provisions of any law for the time being in force, is under the charge of, or is managed by, the Court of Wards or the revenue authorities on behalf of a private individual – any arrear of rent, or of any demand which is recoverable as rent, whether such arrear became due-before or after the management devolved upon such court or such authorities.

9. Any money payable to an officer of the Government, in respect of which the person liable to pay the same has, by a written instrument, which shall, except in cases of fees, not exceeding fifty rupees per annum, for licences granted for use and occupation of agricultural land vested in the Government under the West Bengal Estates Acquisition Act, 1953 (West Bengal Act I of 1954), be duly registered, agreed that such money shall be recoverable as a public demand.

9A. Any money payable to Government or to an officer of Government in repayment of a
loan in cash or in kind, in respect of which money, the person to whom the loan in cash or in kind was advanced, has agreed by a written instrument that such money shall be recoverable as a public demand.

9B. Any money payable to a society registered or deemed to have been registered under the West Bengal Societies Registration Act, 1961 (West Ben. Act XXVI of 1961), when such money is financed jointly by the State Government and the Central Government and is granted by such society as subsidy or loan to a person who agrees by a written instrument, registered or unregistered, that such money shall be recoverable as a public demand.

10. Any stamp duty payable by a proprietor in respect of a paper of partition prepared under the Estates Partition Act, 1897 (Ben. Act V of 1897).

11. In the case of a person to whom the collection of tolls has been framed under section
8 of the Canals Act, 1864 (Ben. Act V of 1864), or of the sureties of such person – any money due in respect of such farm.

12. Any money awarded as compensation under section 2 of the Bengal Land Revenue
Sales Act, 1868 (Ben. Act VII of 1868).34

12A. Any sum ordered by a liquidator appointed under sub-section (1) of section 42 of the Co-operative Societies Act, 1912 (II of 1912), to be recovered as a contribution to the assets of a society or as the cost of liquidation.

12B. Any sum due to a land mortgage bank registered under the Cooperative Societies Act, 1912, or any sum due to an assignee of such bank in respect of any principal sum or any interest thereon under a mortgage made to the bank.

13. Any money due from a purchaser at a sale held in execution of a certificate under this Act, whether the sale is subsisting or not.

14. Any money payable to a local authority.

15. Any money awarded as costs by the High Court at Calcutta in proceedings under Article 226 of the Constitution of India relating to matters arising outside its ordinary original civil jurisdiction.

16. Any money fixed as water rate by the State Government under sub-section (2) of section 14 of the Damodar Valley Corporation Act, 1948 (XIV of 1948).

17. Any sum payable to the Government by a person on account of use or occupation by such person of any house, tenement or room belonging to the Government.

18. Any money payable to a Government company wholly owned either by the State Government or by the Central Government or jointly by the State Government and the Central Government.

19. Any amount paid in advance under section 8B of the West Bengal Land (Requisition and Acquisition) Act, 1948 (West Bengal Act II of 1948), to a person not lawfully entitled thereto or any amount paid in advance to a person under the said section in excess of what is payable under section 7 of the said Act

Schedule II Rules

Categories: CIVIL