Section 35 in The Orissa Estates Abolition Act, 1951
35. Correction by Compensation Officer of bona fide mistakes.
(1)A Compensation Officer may, on application or of his own motion, at any time before payment of compensation in accordance with a Compensation Assessment-roll under Section 37, correct any entry in the Compensation Assessment Roll as finally published in respect of any estate to which such Compensation Assessment roll relates or any entry in such Compensation Assessment roll which, he is satisfied, has been made owing to a bona fide mistake or is necessary as a result of succession to or transfer of the interest of an intermediary or any other person whose name appears in such roll as a person entitled to compensation :Provided that no such correction shall be made if an appeal affecting such entry has been presented under Section 32 :[Provided further than after the disposal of such appeal, if any, on an application by an Intermediary within a period of one year and half from the date of issue of the payment order in consequence of the publication of the Assessment Roil under Section 33 or of his own motion during the said period and after the persons interested are given an opportunity to be heard, it shall be lawful for the Compensation Officer to review the Compensation Assessment roll for correction only of further bona fide mistakes, if any :] [Inserted vide Orissa Act No. 15 of 1956.][Provided also that in cases where the entire amount of compensation had been paid to the Intermediary and on a review as above referred to, it is found that an amount in excess of that is due had been paid to the said Intermediary it shall be lawful for the State Government to recover the said excess amount from his as an arrear of land revenue without prejudice to any other mode of recovery :] [Inserted vide Orissa Act No. 23 of 1957.][Provided also that the Compensation Officer may, in the case of estate in respect of which the compensation amount has already been paid prior to the commencement of the Orissa Estates Abolition (Second Amendment) Act, 1957 (Orissa Act 3 of 1958, make any correction in the compensation Assessment roll consequent on the filing of claims under the second and third provisos to Sub-sections (1) and (2) of Section 8-A] [Inserted vide Orissa Act No. 23 of 1958.].(2)No correction of any entry in the Compensation Assessment roll as finally published in respect of any estate to which such Compensation Assessment roll relates shall be made under Sub-Section (1) unless the Compensation Officer has first published a draft to such correction and sent by registered post, with acknowledgement due [or otherwise to his satisfaction] [Inserted vide Orissa Act No. 13 of 1958.], a copy of such draft to the Intermediary to whom such correction relates and has finally published such correction after considering and disposing of any, objections which may have been made to any such correction in the manner provided in [Section 31 to 34] [Substituted vide Orissa Act No. 16 of 1962.].
