Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of West Bengal - Section

Section 14F in West Bengal Land Reforms Rules, 1965.

14F. [ Manner of payment of the amount under section 14V.— (1) The Collector to whom an Assessment Roll or a supplementary Assessment Roll has been sent for payment, shall at once acknowledge receipt of the same, start a case with appropriate number and other particulars entered in the order sheet and shall enter the said particulars in a register of receipts of Assessment Rolls.

(2)The Collector shall send a notice to the raiyat or the intermediary, as the case may be, to receive payment of the amount determined in the Assessment Roll together with interest. The raiyat or the intermediary, as the case may be, shall be asked to submit within sixty days from the date of service of the notice a statement in writing as to the following particulars:—
(i)details of his lands and interests in such land which have vested in the State under the Act;
(ii)whether he has already received any amount for vesting of any of his lands or interests in land under the Act.
(3)Where the raiyat or the intermediary, as the case may be, is found to have already received an amount for vesting of his lands or for vesting of any interests in land under the Act or where lands or rights and interests in lands other than those shown in the Assessment Roll are found to have vested under the Act, or where any mistake is detected in determination of the amount in the Assessment Roll, the Collector shall return the Assessment Roll with a report to the Revenue Officer from whom the same was received. The Revenue Officer in all such cases, after holding such enquiry as he may think necessary and after hearing the raiyat or the intermediary, as the case may be, send the Assessment Roll with a report to the Settlement Officer for necessary order.
(4)Where the Assessment Roll has not been returned to the Revenue Officer under sub-rule (3), the Collector shall take steps for payment in such manner as may be determined by the Board of Revenue, West Bengal.
(5)
(a)The amount payable to the raiyat or the intermediary, as the case may be, shall be drawn from the Treasury by a bill. The bill shall be drawn in the office of the Collector and after it is countersigned by the Collector it shall be handed over to the payee or to his authorised agent, if any, appointed by him either by a registered power of attorney or under a vokalatnama duly executed by him. Where the payment is made to the raiyat himself, he shall be duly identified by a responsible person and the name of the identifier recorded.
(b)Where the payee is dead, the payment may be made to his heir or heirs either jointly or severally in proportion to their respective shares. In all such cases payment will be made
(i)where the total amount payable does not exceed Rs. 1,000, on the basis of a certificate given by a Member of the Legislative Assembly or by a Member of the local Panchayat Samity or by a Commissioner of a Municipality or by a Councillor of a Municipal Corporation or by an Officer of the Government not below the rank of a Deputy Collector that the claimant or claimants are sole heir or heirs of the deceased payee.
(ii)where the total amount payable exceeds Rs.1,000 but does not exceed Rs. 5,000 on the basis of an affidavit sworn by such heir or heirs to the effect that he or they is or are sole heir or heirs of the deceased payee. In all such cases, the heir or heirs. as the case may be, shall execute an indemnity bond to the extent of the amount involved.
(iii)where the total amount payable exceeds Rs. 5,000 on production of a succession certificate under the Indian Succession Act, 1925 (39 of 1925).
(c)Payment may be made in cash, or in cheque or in bank draft or by money order according to the instructions to be issued by the Board of Revenue, West Bengal.
(d)In all such cases of payment the procedure including identification as laid down in clause (a) shall be followed mutatis mutandis.
(6)
(a)Where notice could not be served on the payee or payment could not be made for any reason whatsoever, or where the raiyat or the intermediary, as the case may be, does not respond within six months from the date of service of the notice, the Collector shall send the Assessment Roll and the records of the case to the District Record Room of the Collector-ate for safe custody after making necessary entries in the register to be maintained under sub-rule (1). A camp wise register shall be maintained in the Record Room also in respect of Assessment Rolls consigned to the Record Room.
(b)If and when the raiyat or the intermediary, as the case may be, claims payment against an Assessment Roll already sent to the Record Room of the Collectorate, he shall be required to appear before the Collector personally or by an authorised agent and file an application properly stamped for the purpose. The application shall be supported by an affidavit by the applicant explaining the reasons for not taking payment earlier.
(c)On receipt of an application under clause (b) the Collector shall obtain the case record from the District Record Room and after satisfying himself regarding the delay, shall make payment following the procedure mentioned in sub-rules (1) to (5).
(7)
(a)Where the raiyat or the intermediary, as the case may be, is a minor, the payment may be made to his natural guardian, or to a guardian appointed by the will of his parents, or to a guardian appointed or declared by a Court, or to a person empowered to act as, or exercise the powers of, a guardian by or under any enactment relating to Court of Wards.
(b)When the raiyat or the intermediary, as the case may be, is a lunatic, the payment may be made to the manager of the estate of the lunatic which includes the vested lands and vested interests in land, provided such manager has been appointed under the Indian Lunacy Act, 1912 (4 of 1912).
(8)The Board of Revenue, West Bengal, may specify forms and registers for any of the following purposes:
(i)Register mentioned in sub-rule (1),
(ii)Notice mentioned in sub-rule (2),
(iii)Bill mentioned in clause (a) of sub-rule (5),
(iv)Register of Assessment Rolls consigned to the District Record Room mentioned in sub-rule (6),
(v)Any other register, notice or form as the Board of Revenue may think necessary.
(9)Notwithstanding anything contained in sub-rules (1) to (8), the State Government may, by notification in the Official Gazette, modify or alter any procedure laid down in sub-rules (1) to (8) and may also, if it thinks necessary, prescribe a new procedure in respect of any matter mentioned in the said sub-rules.Explanation.— In this rule,—
(a)'Collector' includes an Additional Collector and such other officer in a district as may be appointed as Collector by the State Government for the purpose of any provisions of this rule;
(b)'intermediary' shall mean an intermediary referred to in section 3A; and
(c)raiyat includes lessee of a land.]
[Rule 14F inserted by Nofitification No. 416-L-Ref., dated 13th June 1988, published in Calcutta Gazette, dated 15.7.1988.]