Section 323
Relief to Agents and Trustees.
About this Act
An Act to consolidate and amend the law relating to the administration of cantonments with a view to impart greater democratisation, improvement of their financial base to make provisions for developmental activities and for matters connected therewith or incidental thereto.
(1) Where any person, by reason of his receiving the rent of
immovable property as an agent or trustee, or of his being as an agent or trustee the person who would
receive the rent if the property were let to a tenant, would under this Act be bound to discharge any
obligation imposed on the owner of the property for the discharge of which money is required, he shall
not be bound to discharge the obligation unless he has or but for his own improper act or default might
have had funds in his hands belonging to the owner sufficient for the purpose.
(2) The burden of proving any fact entitling an agent or trustee to relief under sub-section (1) shall lie upon him.
(3) Where any agent or trustee has claimed and established his right to relief under this section, the Board may, by notice in writing, require him to apply to the discharge of such obligation as aforesaid the first monies which may come to his hands on behalf, or for the use, of the owner and on failure to comply with the notice, he shall be deemed to be personally liable to discharge the obligation.
(2) The burden of proving any fact entitling an agent or trustee to relief under sub-section (1) shall lie upon him.
(3) Where any agent or trustee has claimed and established his right to relief under this section, the Board may, by notice in writing, require him to apply to the discharge of such obligation as aforesaid the first monies which may come to his hands on behalf, or for the use, of the owner and on failure to comply with the notice, he shall be deemed to be personally liable to discharge the obligation.