Section 45 in Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963
45. Interim payments to principal landholder and others.
(1)The provisions of this section shall apply in every case not governed by section 32.(2)After the notified date and until the compensation is finally determined and deposited in pursuance of this Act, interim payments shall be made by the Government every fasli year prior to the fasli year in which the said deposit is made, to the principal landholder and to the other persons referred to in sub-section (1) of section 39 as follows:-(3)In respect of the fasli year in which the inam estate is notified they shall, together, be entitled to such amount as the Government may, on a rough calculation, determine to be the basic annual sum referred to in section 24:Provided that the rents, if any, collected before the notified date by the landholder from the ryots in respect of the fasli year aforesaid [and in the case of an existing inam estate in respect of which the rate of rent has been determined before the notified date under the [Tamil Nadu] [Substituted for 'and in the case of an existing inam estate, also any amount collected by him from the ryots in excess of the rent determined under the Madras Estates Land (Reduction of Rent) Act, 1947 (Madras Act XXX of 1947)', by section 5(i) of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1966 (Tamil Nadu Act 27 of 1966), which was deemed to have come into force on the 1st January 1964.] Estates Land (Reduction of Rent) Act, 1947] [By virtue of section 5 of the Tamil Nadu Inam Estates, Leaseholds and Minor Inams (Abolition and Converston into Ryotwari) Amendment Act, 1975 (Tamil Nadu Act 2 of 1976) the amount of compensation determined under Tamil Nadu Act 26 of 1963 for an inam estate as a whole before the date of the publication of the former Act in the Tamil Nadu Government Gazette shall be re-determined in accordance with the provisions of Tamil Nadu Act 26 of 1963 as amended by Tamil Nadu Act 2 of 1976.] ([Tamil Nadu] [Substituted for '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), also any amount collected by him from the ryots in excess of the rent so determined], and outstanding to the credit of the ryots on the first day of that fasli year, shall be deducted.[Explanation. [This Explanation was substituted for the following explanation by section 5(h) of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1956 (Tamil Nadu Act 27 of 1956), which was deemed to have come into force on the 1st January, 1964:- '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 Madras Estates Land (Reduction of Rent) Act, 1947 (Madras Act XXX of 1947) and paid to the landholder shall, for the purposes of this sub-section, be deemed to be an amount collected by the landholder.' Substituted for Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] - In the case of an existing inam estate in respect of which the rate of rent has been determined before the notified date under the [Tamil Nadu] Estates Land (Reduction of Rent) Act, 1947 ([Tamil Nadu] [Substituted for '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), any amount collected by the Government on behalf of the landholder as rent from the ryots in excess of the rent so determined and paid to the landholder shall, for the purpose of this sub-section, be deemed to be an amount collected by the landholder.](4)In respect of each subsequent fasli year, they shall together be entitled to the amount estimated under sub-section (3) to be the basic annual sum, unless data for the better calculation thereof have since become available, in which case the amount to be paid shall be revised by the Government with reference to such data:Provided that if, for any reason, the whole or any portion of the rents and excess collections referred to in the proviso to sub-section (3) was not deducted in pursuance of that proviso, the amount remaining undeducted shall be deducted from the amount payable under this sub-section.(5)The Government shall deposit all such amounts in the office of the Tribunal and the Tribunal shall, after such inquiry, if any, as it thinks fit, apportion the amounts among the principal landholder and the other persons referred to in sub-section (2), as far as possible in accordance with the value of their respective interests.(6)On the making of such a deposit, the Government shall be deemed to have been completely discharged in respect of all claims to, or enforceable against, the amount so deposited.(7)(a)After the compensation has been finally determined, the Government shall ascertain the aggregate interim payment which would have been due in respect of the inam estate under sub-sections (3) and (4) for the fash years concerned if the basic annual sum as finally determined had been adopted instead of the basic annual sum as roughly estimated.(b)If the aggregate interim payment thus determined exceeds the aggregate amounts already deposited under sub-section (5), the balance with interest thereon at three per cent per annum shall be deposited by the Government in the office of the Tribunal.(c)If the aggregate interim payment determined under clause (a) is less than the aggregate amount already deposited under sub-section (5), the excess amount deposited shall be deducted by the Government from the amount of compensation finally determined and the balance shall be deposited in the office of the Tribunal.(8)No interim payment made under this section shall be deemed to constitute any part of the compensation which the Government are liable to deposit under sub-section (1) of section 36 or to any extent to be in lieu of such compensation.(9)The Tribunal shall revise the apportionment of the interim payments with reference to the aggregate interim payments as finally determined by the Government under sub-section (7) on the basis that each of the persons entitled to receive any portion of the interim payments shall be entitled separately to the same share of the said aggregate interim payments as the share of the compensation to which he is finally held to be entitled under section 39. Any excess payment disclosed by such revision shall be deducted by the Tribunal, with interest thereon at three per cent per annum from the compensation payable to the person concerned.
