Section 70 in The Ajmer Abolition of Intermediaries and Land Reforms Rules, 1955
70.
(1)The Compensation Officer shall scrutinize each Statement of Claim filed by the Intermediaries and check the entries made by the Intermediaries in the Statement of Claim with reference to the entries in Record of Rights and the Annual registers prepared by the Land Records Staff.(2)If an Intermediary claims compensation on account of income from forests in his estate, the Compensation Officer may in addition to any other enquiry which he may deem proper, call upon an Officer of the Forest Department of the Government not below the rank of a Chief Forest Officer to inspect the forests and submit his report about the estimated income from the forests in the estate on the average of the last 20 years. The Chief Forest Officer shall after taking into consideration such information as may be furnished by an Intermediary and after holding such enquiry as he may deem proper make his recommendations to the Compensation Officer. The Compensation Officer on receipt of the recommendation of the Chief Forest Officer shall after giving the Intermediary an opportunity of being heard and after taking such evidence as he may have to produce determine the average annual income from the forest recording his reasons therefor.(3)If an Intermediary claims compensation on account of income from mines and quarries the Compensation Officer in addition to making such other enquiries as he may deem proper may call upon a Revenue Officer not below the rank of Naib Tehsildar to inspect the area concerned for checking the figures as given by the Intermediary and to submit a report with respect to the income from mines and quarries. Such Officer shall ascertain the average income from mines and quarries for the 12 years immediately preceding the date of vesting. If the income from mines and quarries as given by the Intermediary is found to be excessive the Compensation Officer shall make an estimate of the income after giving the intermediary an opportunity of being heard and after considering the following points:-(a)Where royalties are payable on account of mines and minerals the average income on account of the royalties calculated on the basis of the Annual Return filed by the Intermediary for the Assessment of cess or income-tax during the period of 12 years immediately preceding the date of vesting or for any short period for which such Returns have been filed.(b)Where royalties are not so payable to the Intermediary and the mines are worked directly by the Intermediary himself, the average Annual income from such mines calculated on the same basis as is specified in sub-rule (a).(4)The details of the amounts to be recovered from an Intermediary under clause (e) of sub-section (1) of Section 6 as given by the Intermediary in the statement of claim shall be checked by the Compensation Officer with reference to the entries in the register maintained by the Collector under Rule 5 a copy of which is received by the Compensation Commissioner under Rule 6. If the entries in the Statement of Claim and in the Register maintained by the Collector do not agree the Compensation Officer shall make necessary enquiries from the Department concerned and after taking such evidence as the Intermediary and the Collector may give to produce and giving an opportunity to them of being heard shall determine the amount to be deducted from the Compensation under Section 15 of the Act.(5)The Compensation Officer, after determining the gross and the net income of the Intermediary on the principles laid down in the Schedule, shall apply the appropriate multiple to the net income of the Intermediary as laid down in part 5 of the Schedule of the Act and work out the compensation payable to the Intermediary. The Compensation Officer shall submit his report to the Compensation Commissioner who shall after making such further enquiries as he may deem necessary and hearing the Intermediary and the Collector or the duly authorised Agents determine the amount of compensation payable to the Intermediary in accordance with the principles laid down in the Schedule and the amount recoverable from the Intermediary under clause (e) of sub-section (1) of Section 6 and also the amount of compensation payable to a Guzaredar under Section 11.After the compensation payable to an Intermediary and to a Guzaredar has been finally determined certificate of compensation in A.I. Form 12 shall be prepared in quadruplicate and signed and sealed by the Compensation Commissioner.
