Section 37C in The Rajasthan Land Reforms and Resumption of Jagirs Rules, 1954
37C. Determination of the dues and debts owned by the jagirdar.
- (i) For the purpose of determining the amount recoverable from the Jagirdar under clause (e) of sub-section (1) of section 22 of the Act, a notice shall be issued to the Jagirdar in Form No. 9, calling upon him to pay up the dues and debts within a period of one month from the date of receipt of notice, to file objections if any within the said period. The notice shall be issued by the Collector concerned, or in the case of departmental loans and dues, by the Head of the Office or the Department concerned, or in the case of loans advanced directly from the Government Treasury, State Bank of Fund, by a Secretary, Deputy Secretary or Assistant Secretary to the government in the Finance Department.(2)If the Jagirdar submits any objection in reply to the said notice, it shall be decided by the authority issuing the notice. The objections shall be decided within 2 months of the date of its receipt by such authority.(3)On the decision of the objections, or, if no objection is received, on the expiry of the period allowed therefor, the authority concerned shall send to the Jagir Commissioner a certificate in Form No. 10 furnishing details of the dues and debts outstanding on the date of the certificate. Such certificate shall in no case enter the amount of dues or the rate of interest at a figure or a rate higher than that mentioned in the notice under sub-rule (1). Where an objection has been filed by the Jagirdar within the time allowed for it, no decision shall be given unless the Jagirdar has been given a reasonable opportunity of showing cause against it.(4)On receipt of the certificate in Form No. 10 sent under sub- rule (3), the Jagir Commissioner shall effect the deduction of the amount as entered in the certificate from the compensation (including rehabilitation grant) as provided by sub-section (1) of section 34 and section 38C of the Act. He shall also send an intimation of such deduction to the authority issuing the certificate in Form No. 10. That authority shall take necessary steps for adjustment of the recovery so effected, and further recovery of the balance, if any, that might remain outstanding against the Jagirdar.[Provided that in case of the Jagirdars whose financial position is not good, the deduction of the Rehabilitation Grant effected under this Rule shall not exceed:-(i)50% in the case of jagirdars having an income below Rs.5,000/- per annum.(ii)66½% in the case of jagirdars having an income above Rs.5,000/ - and below 30,000/- per annum.(iii)80% in the case of jagirdars having an income of Rs.30,000/- and above, per annum.](5)Where, after the issue of one notice under sub-rule (1) in Form No. 9, a higher amount of the due is found to be recoverable from a Jagirdar, the authority concerned shall issue immediately a supplementary notice to the Jagirdar, which shall also be in Form No. 9. Subsequent procedure with respect to the amount mentioned in the supplementary notice shall be governed by the provisions contained above for the first notice.(6)Where a dispute arises as to the proper authority to deal with a debt or dues recoverable from a Jagirdar under this rule, the matter shall be referred to the Government in the Finance Department, whose decision shall be final.
