Section 5A in Tamil Nadu Land Reforms (Payment for Surplus Land) Rules, 1966
5A. [ Procedure for payment of compensation in cash. [Rule 5-A inserted by SRO A-41/78 = G. O. Ms. No. 186, Revenue (L.Ref. I), dated the 27th January 1978.]
(1)Where the amount is payable in cash, the Authorised Officer shall pass an order within three months from the date of publication of final amount assessment roll in respect of surplus land, furnishing therein the details of amount fixed for the surplus land, amount of instalment of amount and the due dates for payment of instalments of amount with interest payable to the interested persons each year and the name and postal address of the nominee, if any, indicated in column (4) of Part II of the Final Assessment Roll concerned and communicate a copy of the order to the land owner, any other interested person, Treasury and Sub-treasury, in which the amount is payable.(2)Before the due date or dates for payment of annual instalment or instalments of amount as the case may be, the land owner or the interested person, to whom the amount is payable, shall present a bill in Form "K" to the Authorised Officer.(3)On receipt of the claim from the land owner or the interested person for payment of amount in Form "K" the Authorised Officer shall pays the bill for payment and present in to the Treasury or the Sub-Treasury, as the case may be, through the Tamil Nadu Treasury Officer, as the case maybe, to pay the single instalment of amount or the instalments of compensation, as the case ma) be by cheque or bank draft, as per the procedure adopted by treasuries. On receipt of the bill from the Authorised Officer, the Treasury Officer or the sub Treasury Officer, as the case, may be, shall prepare a cheque or bank draft, as the case may be, in favour of the land owner or the interested person, to whom the amount is payable, and send it to the Authorised Officer:[Provided that, of the bill for an amount payable to a quarter inclusive of interest up to the end of that quarter is presented before the end of that quarter, it shall be admitted by the Treasury Officer, or the Sub-Treasury Officer, as the case may be, and the cheque or Bank Draft, as the case may be, payable on the first day of the succeeding quarter shall be issued without waiting for the end of the period to which the payments relate.](4)(a)On receipt of cheque or bank draft, as the case may be, from the Treasury Officer or the Sub-Treasury Officer, as the case may be, the Authorised Officer shall issue a notice to the interested parties in Form "F" calling on them to appear and receive the cheque or bank draft as the case may be, and shall deliver to them after getting their acknowledgements in a Register in Form "G".(b)If any land owner or interested person expresses his desire in writing that the compensation payable to him be paid through his agent, the Authorised Officer shall deliver to the agent, duly authorised by the land owner or the interested person, the cheque or draft, as the case may be, drawn in favour of the land owner or the interested person, after getting his acknowledgement in a Register in Form "G".(c)If any land owner or interested person desires that the amount payable to him be paid through his bank, which shall be a Scheduled Bank, he shall intimate to the Authorised Officer his desire, in writing in a separate letter specifying therein, the particulars of the bank, such as its name, place, head of bank (Manager, agent and the like), his account number, in the bank and nature of the account. Such letter shall accompany his claim in Form "K". On receipt of his written request for payment of amount through his bank along with his claim in Form "K" the Authorised Officer shall draw cheque or bank draft, as the case may be, in favour of the person for the amount payable to him, cross the cheque or bank draft as the case may be with the mark "Account Payee" and send n to the bank under intimation the owner or interested person as the case may be, with a direction to the bank to credit the amount in the account of such person, under advice to him.(5)In the cases mentioned [in rules 11 to 13] [Substituted for the expressions 'in rules 11 to 14' in sub-rule (5) of rule 5-A, by SRO A-299/84 = G. O. Ms. No. 2088, Revenue, dated the 25th September 1981.], the Authorised Officer shall refer the cases to the District Collector with a covering letter, explaining the details of the cases, the amount of payable, and the like, with a request to take necessary action for keeping the amount of compensation in deposit and disbursement of the amount with the interest thereon in the manner prescribed.(6)On receipt of the report from the Authorised Officer, the District Collector shall pass an order to that effect and, based on such order, authorised drawal, by a Gazetted Officer, of the amount of instalment of amount due in respect of each instalment on the due dates from the Treasury or Sub-Treasury, as the case may be, in Form "K" and shall deal with the amount in the manner prescribed in the said rules.(7)Where the person to whom amount is payable dies either before the issue of the order mentioned in sub-rule (1) or before the delivery of the cheque or bank draft, as the case may be, mentioned in the preceding sub-rules, Sub-rule (7-A) of rule 5-A [and if he/she has not nominated any person for receiving the amount payable in the event of his/her death before the payment of the entire amount] [inserted by SRO A-264/81 = G. O. Ms. No. 1792, Revenue, dated the 18th August 1981.] the matter shall be referred to the District Collector, who shall cause enquiry to be made for ascertaining the legal representatives of the deceased and intimate to the Authorised Officer the names of the legal representatives of the deceased. On receipt of the intimation of the legal representatives of the deceased from the District Collector, the Authorised Officer, within one month from the date of receipt of the intimation, shall pass an order, furnishing therein the details of amount fixed for the surplus land, amount of instalments of compensation and the due dates for payment of instalments of compensation with interest payable to the legal representatives of the deceased, any other interested person, Treasury and Sub-Treasury, in which compensation is payable. The Authorised Officer shall also follow the procedure laid down in sub-rules (2) to (6). [G. O. Ms. No. 1792, Revenue, dated the 18th August 1981][(7-A) If the person entitled to receive the amount in respect of surplus lands acquired under the Act dies before the payment of the entire amount and if the name of the nominee to receive the amount on his/her behalf finds place in column (4) of Part II of the Final Assessment Roll concerned, the provisions of sub-rules (2), (3) and (4) and rule 5-A and other provisions of shall as far as may be, apply as if the nominee were the person entitled to receive the amount in respect of the surplus lands acquired under the Act.] [Sub-rule (7-A) of rule 5-A inserted by SRO A-264/81 = G. O. Ms. No. 1792, Revenue, dated the 18th August 1981.](8)The Authorised Officer shall maintain a register in Form "E' for showing the amount of amount payable to the land owner or the interested person the amount payable at each instalment, the date of receipt of bill and payment of each instalment.(9)[ Where the person entitled to receive amount is minor, lunatic, idiot or a person subject to like disability, the amount shall be paid to the guardian of the minor or the manager or other person in lawful charge of the person or the property of such person, if such guardian, manager or other person furnishes sufficient security in the form of immovable property to the satisfaction of the Authorised Officer and executes a bond in Form M on duly stamped paper. The security bond shall be registered under the Registration Act, 1908 (Central Act XVI of 1908). In addition to the security bond, he shall also furnish an affidavit in Form N on non-judicial stamp paper to the value of Rs. 4.50 (rupees four and paise fifty only) is duly executed before an Executive Magistrate.] [Sub-rule (9) of rule 5-A added by SRO A-224/79 = G. O. Ms. No. 1458, Revenue dated the 4th July 1979.]]
