Liability of a Jagirdar or cadet to pay to Government amounts recovered or received by him from permanent holders etc. in certain cases and determination of such amount.

1[23A. Liability of a jagirdar or cadet to pay to Government amounts recovered or received or received by him from permanent holders, etc. in certain cases and determination of such amount. (1) If in the case of any land in a jagir village of which any person other than the jagirdar or cadet of his family has become primarily liable to the State Government for the payment of land revenue under section 5 or 6 with effect from the appointed date, the jagirdar or as the case may be the cadet, has recovered or received from such person any amount as land revenue or rent of such land for any period after the appointed date, then such jagirdar or cadet shall pay to the State Government an amount equal to the amount of land revenue or rent so recovered or received, within a period of three months from the date of the coming into force of the Bombay Merged Territories and Areas (Jagirs Abolition) (Amendment) Act, 1957 (Bom. VIII of 1957). 2[(1A) (a) Where in the case of any land in a jagir village, of which any person other than the jagirdar or cadet of his family has become liable to the State Government for the payment of land revenue under section 5 or 6 with effect from the appointed date, but the enforcement of this Act having been stayed for any period in respect of such jagir village in compliance with a stay order issued in that behalf by a Court, the jagirdar or, as the case may be, the cadet has recovered or received from such person any amount as land revenue or rent of such land for any period between the appointed date and the date on which the stay order is vacated, then such jagirdar or, as the case may be such cadet shall, unless sub-section (1) applies to him, pay to the State Government an amount equal to the aggregate of the amount of land revenue or rent so recovered or received, within a period of three months-

1. (i) from the date on which the stay order is vacated, or
2. (ii) where the stay order was vacated before the commencement of Bombay Merged Territories and Areas (Jagirs Abolition) (Amendment) Act, 1959 (Bom. LVIII of 1959), from the date of such commencement.

1. (b) Nothing in clause (a) shall apply where such stay order was vacated before the commencement of the Bombay Merged Territories and Areas (Jagirs Abolition) (Amendment) Act, 1957 (Bom. VIII of 1957).]

1. (2) If the jagirdar, or as the case may be the cadet, fails to pay to the State Government any amount payable by him under sub-section(1) 3[or sub-section (1A)], such amount shall be recoverable from him as an arrear of land revenue.
2. (3) If the Mamlatdar, suo motu or on an application made to him by any person, has reason to believe that in respect of any land in a jagir village within his local jurisdiction, the jagirdar or cadet has failed to pay to the State Government the amount payable by him under sub-section (1)4[or sub-section (1A)] he shall hold a summary inquiry in the manner provided in the Code and decide whether the jagirdar or cadet has failed to pay the amount to the State Government, and if so, determine the amount to be recovered from the jagirdar or cadet under sub-section (2). The amount so determined shall thereupon be recovered accordingly.
3. (4) It shall be lawful for the Collector to deduct from the amount of compensation, which may be awarded to such jagirdar or cadet under section 11, 12 or 14, the amount payable by him to the State Government under this section.
4. (5) The amount paid by, or recovered from, a jagirdar or a cadet in accordance with the foregoing provisions shall be credited to the land revenue account of the person from whom they had been received or recovered by the jagirdar or cadet.