Application for transfer

(1) Any person liable to pay the betterment charges under section 11 may apply to the prescribed authority in the manner prescribed for a declaration that on the date the betterment charge was due or any part of the same was due on an instalment fixed under section 7, his right or interest in the land has passed on to some other person and that such other person may be made liable for the dues. Such authority after hearing in the prescribed manner the persons concerned may, if he finds that there has been a valid transfer, declare that such other person or persons shall be liable for the betterment charge or the balance thereof due on the said date. Explanation—For the purposes of this section— (i) The rights and interest of a person shall be deemed to have passed on to his immediate landlord if such person ceases to hold or cultivate the land without there being a transfer of such right or interest to any other person. (ii) Transfer shall include all transfers whether by act of parties or by operation of law or by virtue of any judgment, decree or order of any court or otherwise howsoever. (2) The said authority may if he finds that any person liable to pay the betterment charge under section 11 is dead, hold an enquiry in the prescribed manner and determine the person or persons liable to discharge the liability as heirs and assigns of such persons ; if after such enquiry the said authority finds that some other person should have been rightly recorded as the tenant or landlord as being liable to pay the betterment charges or part thereof, in the place of the deceased on the date the betterment charge or any part thereof, on an instalment fixed under section 7 had fallen due, the said authority shall after holding such further enquiry as may be prescribed and after giving the parties concerned an opportunity of being heard make a declaration accordingly. (3) A declaration under sub-section (1) or sub-section (2) as the case may be shall have the effect of passing on the liability for payment of the betterment charges or balance thereof under section 11 to the person or persons so declared as being liable. (2) The said authority may if he finds that any person liable to pay the betterment charge under section 11 is dead, hold an enquiry in the prescribed manner and determine the person or persons liable to discharge the liability as heirs and assigns of such persons; if after such enquiry the said authority finds that some other person should have been rightly recorded as the tenant or landlord as being liable to pay the betterment charges or part thereof, in the place of the deceased on the date the betterment charge or any part thereof, on an instalment fixed under section 7 had fallen due, the said authority shall after holding such further enquiry as may be prescribed and after giving the parties concerned an opportunity of being heard make a declaration accordingly. (3) A declaration under sub-section (1) or sub-section (2) as the case may be shall have the effect of passing on the liability for payment of the betterment charges or balance thereof under section 11 to the person or persons so declared as being liable.