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State of Odisha - Section

Section 9 in Administration of Mayurbhanj State Order, 1949

9. Claims against Ruler of the State.

(a)The Revenue Commissioner, Orissa shall, as soon as possible, publish a notification in the Gazette in English and in vernacular calling upon all persons having pecuniary claims whether immediately enforceable or not, against the State or Ruler of the State in his capacity as Rules of that State, to notify the same in writing to the officer authorised by [the Revenue commissioner, Orissa] [Substituted vide Orissa Gazette Ext. No. 93/ dated 7.7.1949.] in this behalf (hereinafter called the said officer) within three months from the date of the notification.
Explanation. - A claim shall be deemed to be pecuniary for the purpose of this paragraph, notwithstanding that a suit for its enforcement or a reference of such claim to arbitration is pending that a decree or award has been passed establishing the same.
(b)The notice shall also be published at such places and in such other manner as the Revenue Commissioner, Orissa may by special or general order direct.
(c)Every such claimant shall, within the period specified in subparagraph (a), notify to the said officer in writing, his claim with full particulars thereof and any claim present after the expiration of such period shall be summarily rejected.
(d)Every document including entries in the books of account in possession of or under the control of the claimant on which he bases his claim shall be produced before the said officer along with the statement of the claim:
Provided that if the claim relates to an amount recorded by a decree, award, it shall be sufficient for the claimant to produce before the said officer a certified copy of the decree and certificate from the Court which passed it or is executing the same declaring the amount recoverable thereunder or a true copy of the award and a statement of the sum recoverable thereunder, as the case may be, and if the claimant is pending, (sic) a jurisdiction in any Court or has been referred to arbitration, it shall be sufficient for the claimant to produce a certified copy of the plaint or a true copy of the reference to arbitration, as the case may be.
(e)Unless the said officer shall otherwise direct every document produced under sub-paragraph (d) shall be accompanied by a true copy thereof. The said officer shall mark the original document for the purpose of identification and after examining and comparing the copy with it shall retain the copy and return the original to the claimant.
(f)Nothing in the preceding sub-paragraphs shall apply to any pecuniary claim of Government or any local authority.
(g)The said officer, after making such enquiry as he may deem fit, decide which claim notified under sub-paragraph (e) are to be allowed in whole or in part arid which are to be disallowed, and on his decision being confirmed by [the Revenue Commissioner, Orissa,] [Substituted vide Orissa Gazette Ext. No. 93/7.7.1949,] the said officer shall give written notice of the same to the claimant. The decision of [the Revenue Commissioner, Orissa, shall be final and shall not be liable to be called into question in any Court whatsoever.] [Substituted vide Orissa Gazette Ext. No. 93/7.7.1949,]
(h)No Court shall have jurisdiction to investigate any pecuniary claim against the State or against the ruler of the State in his capacity as Ruler of that State and such claim shall be determined only in accordance with the provisions of this paragraph.
(i)The Revenue Commissioner, Orissa may delegate his powers under this paragraph to any officer subordinate to him not below the rank of an Additional District Magistrate.
(j)The provisions of this paragraph shall not apply to any claim against the State based on a cause of action which arise on or after the 31st January, 1949 and such claim shall be disposed of in accordance with the laws applied or continued in force under paragraph 5.