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State of Tamilnadu - Section

Section 54A in Tamil Nadu Estates (Abolition and Conversion Into Ryotwari) Act, 1948

54A. Advance payment of compensation and its apportionment, etc.

(1)In the case of every estate not governed by section 38, the Government shall estimate roughly the amount of the compensation payable in respect of the estate, and deposit one-half of that amount within six months from the notified date in the office of the Tribunal, as advance payment on account of compensation:Provided that in the case of an estate notified before the commencement of the [Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Law Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969] Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1950, the deposit may be postponed to a date which is not later than the 30th day of June 1950.
(2)From the amount to be deposited under sub-section (1), the Government shall be entitled to deduct -
(a)[ (I) one-half of all moneys, if any, due to them -
(i)in respect of peshkash, quit-rent, jodi or other amount, if any, of a like nature, or
(ii)in respect of any claim which was secured immediately before the notified date by a mortgage of, or a charge on, the estate or any portion thereof; and
(II)the rents, if any, collected before the notified date by the landholder from the ryots in respect of the fasli year in which the estate is notified and any amount collected by him from the ryots in excess of the rent determined under the [Tamil Nadu] Estates Land (Reduction of Rent) Act, 1947 ([Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Act XXX of 1947), and outstanding to the credit of the ryots on the first day of that fasli year.]
(b)one-half of the basic annual sum referred to in sub-section (3) of section 50, if the deposit in pursuance of this section is made in the fasli year in which the estate is notified but after the interim payment in respect of that fasli year has been deposited under section 50.
[Explanation. - Any amount collected by the Government on behalf of the landholder as rent from the ryots in excess of the rent determined under the [Tamil Nadu] [This Explanation was added by section 19(ii) of the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) (Amendment) Act, 1956 (Tamil Nadu Act XLIV of 1956), which was deemed to have come into force on the 19th April 1949.] Estates Land (Reduction of Rent) Act, 1947 ([Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Act XXX of 1947), and paid to the landholder shall, for the purpose of this sub-section, be deemed to be an amount collected by the landholder.] [Substituted for the original clause (a) by section 19(1) of the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) (Amendment) Act, 1956 (Tamil Nadu Act XLIV of 1956) deemed to have come into force on the 19th April 1949.]
(3)On the making of a deposit in pursuance of this section, the Government shall be deemed to have been completely discharged in respect of all claims to, or enforceable against, the amount deposited.
(4)The Tribunal shall, after such inquiry, if any, as it thinks fit, apportion the amount deposited in pursuance of this section among the principal landholder and the other persons referred to in section 42, as far as possible in accordance with the value of their respective interests; and the provisions of sections 42 to 46 (both inclusive), 48,49,51,52 and 53 shall apply mutatis mutandis in respect of the amount so deposited.
(5)[ (a) Notwithstanding anything contained in sub-sections (1) to (4), if data for the better calculation of the amount payable as advance compensation become available, the amount to be paid may be recalculated by the Government with reference to such data.] [Added by section 19(iii) of the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) (Amendment) Act, 1956 (Tamil Nadu Act XLIV of 1956), deemed to have come into force on the 19th April, 1949.]
(b)Where any amount of advance compensation deposited in respect of any estate under this section exceeds or is less than the amount as recalculated in accordance with clause (a), such amount available with the Tribunal may be withdrawn by the Government, and in the case of a deficiency the Government may deposit with the Tribunal such amount as may be necessary, to make up the deficiency.
Additional Compensation