Section 28 in Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Rules, 1965
28. Apportionment of compensation and interim payment.
(1)As soon as may be after any amount is deposited under section 36 and 45 in the office of the Tribunal, the Director of Settlements shall publish the fact of such deposit in the [Fort St. George Gazette] [Now, the Tamil Nadu Government Gazette.] with particulars of the amount so deposited, the date of deposit and the inam estate to which it relates.(2)As soon as may be after such publication is made, the Tribunal shall publish on its notice board, both in English and Tamil, a copy of the notification as published in the [Fort St. George Gazette.] [Now, the Tamil Nadu Government Gazette.](3)The fact of deposit shall also be published on the notice board of the taluk office of the taluk, in which the inam estate is situated and also in the headquarters village of the inam estate by affixing a copy of the notice in the village chavadi or in some other conspicuous place in the village and also by beat of tomtom.(4)If there are persons, whose claims to any amount deposited previously in respect of the same inam estate, have been recognised by the Tribunal, it shall give notice to all such persons, and the expenses for issue of such notice shall be distributed among all the claimants who are before the Tribunal, within the time specified in section 37.(5)The Tribunal shall pass no orders regarding the apportionment of any amount so deposited with it until after the expiry of one month from the date of publication of the notification in respect of the deposit on its notice board.(6)No claim shall be allowed by the Tribunal except a claim petition made to it.(7)The claimants and other persons interested may appear before the Tribunal in person or through pleaders duly authorised by them in this behalf.(8)In the case of an inam estate, not being an impartible inam estate governed by section 40, the value of the respective interests in the inam estate, of the principal landholder and the other persons mentioned in section 39(1) shall be ascertained in accordance with the following provisions.(9)In the case of any such mam estate, in which there are darmila inams, the Tribunal shall first determine the compensation payable to each darmila inam-dar on the one hand and the principal landholder or landholders in the inam estate of the other and then proceed in accordance with sub-rule (11) in respect of the compensation payable to the principal landholders.(10)Sub-rules (11) and (12) as applicable to partible inam estates shall mutatis mutandis apply to the compensation payable in respect of each darmila inamdar.(11)(a)In the case of a partible inam estate, which immediately before the notified date, was the property of a joint Hindu family, the Tribunal shall determine the aggregate compensation payable to all the following persons considered as a single group:-(i)the members of the joint Hindu family who, immediately before the notified date were entitled to a share in the inam estate (who are hereinafter called "sharers"); and(ii)other persons who, immediately before the notified date were entitled to maintenance out of the inam estate and its income either under the Hindu law or under any decree or order of a Court, award or other instrument in writing or contract or family arrangement, which is binding on the principal landholder (who are hereinafter called "maintenance holders"):Provided that no such maintenance holder shall be entitled to any portion of the aggregate compensation aforesaid if, before the notified date, his claim for maintenance, or the claim of his branch of family for maintenance had been settled or discharged in full.(b)The Tribunal shall next determine which creditors, if any, are lawfully entitled to have their debts paid from and out of the assets of the inam estate and the amount, to which each of them is entitled; and only the remainder of the aggregate compensation shall be divisible among the shares and maintenance-holders as hereinafter provided.(c)(i)The Tribunal shall, in determining the amount of the compensation payable to the maintenance-holders and apportioning the same among them, have regard, as far as possible, to the following considerations, namely:-(1)the compensation payable in respect of the inam estate;(2)the number of persons to be maintained out of the inam estate;(3)the nearness of relationship of the person claiming to be maintained;(4)the other sources of income of the claimant;(5)the circumstance of the family of the claimant.(ii)For the purpose of securing that the amount of compensation payable to the maintenance-holders is apportioned among them on an equitable basis, the Tribunal shall have power, wherever necessary, to re-open any arrangement already made in respect of maintenance whether by a decree or order of a Court, award or other instrument in writing or contract or family arrangement.(d)The balance of the aggregate compensation shall, subject to the provisions of section 41, be divided among the shares, as if they owned such balance as a joint Hindu family, and a partition thereof had been effected among them on the notified date.(12)(a)In the case of a partible inam estate other than that specified in sub-rule (11) or an impartible inam estate not governed by section 40, the Tribunal shall determine the aggregate compensation payable to all the following persons considered as a single group, namely:-(i)the persons who, immediately before the notified date, owned the inam estate (who are hereinafter in this rule called "owners").(ii)other persons who, immediately before the notified date, were entitled to maintenance out of the estate and its income either under the law governing the parties or under any decree or order of a Court, award or other instrument in writing or contract or family arrangement, which is binding on the owners (such other persons being hereinafter in this rule called "maintenance-holders"):Provided that no such maintenance-holder shall be entitled to any portion of the aggregate compensation aforesaid, if, before the notified date, his claim for maintenance, or the claim of his branch of the family for maintenance had been settled or discharged in full.(b)The Tribunal shall next determine which creditors, if any, are lawfully entitled to have the debts paid from and out of the assets of the inam estate and the amount, to which each of them is so entitled; and only the remainder of the aggregate compensation shall be divisible among the owners and maintenance-holders as hereinafter provided.(c)(i)The Tribunal shall, in determining the amount of compensation payable to the maintenance-holders and apportioning the same among them, have regard, as far as possible, to the following considerations, namely:-(1)the compensation payable in respect of the inam estate;(2)the number of persons to be maintained out of the inam estate;(3)the nearness of relationship of the person claiming to be maintained;(4)the other sources of income of the claimant;(5)the circumstances of the family of the claimant.(ii)For the purpose of securing that the amount of compensation payable to the maintenance-holders, is apportioned among them on an equitable basis, the Tribunal shall have power, wherever necessary, to re-open any arrangement already made in respect of maintenance, whether by a decree or order of a Court, award or other instrument in writing or contract or family arrangement.(d)The balance of the aggregate compensation shall, subject to the provisions of section 41, be divided among the owners in proportion to the respective interests in the inam estate immediately before the notified date.(13)(a)In the case of an impartible inam estate governed by section 40, in which there are darmila inams, the value of the respective interests in the inam estate of the principal landholder and each of the darmila inamdars shall be ascertained in accordance with the following provisions, namely:-(b)The Tribunal shall first determine the amount of compensation payable to each darmila inamdar on the one hand and principal landholder of the inam estate on the other, the proprietor of the inam estate being treated as the principal landholder thereof.(c)After the amount of compensation payable to each darmila inamdar and the principal landholder has been determined under sub-clause (b) above, the Tribunal shall-(i)in respect of the compensation payable to the principal landholder, apply the provisions contained in sections 40 to 42; and(ii)in respect of the compensation payable to each darmila inamdar apply the rules prescribed for partible inam estates.
