Section 36 in The Rajasthan Land Reforms and Resumption of Jagirs Rules, 1954
36. Enquiry in respect of payment to places of public worship or pension under section 28.
(1)Where it is claimed that a place of public worship or other religious institution was receiving from the income of any jagir resumed by Government under the Act a periodical grant of money for a period exceeding six years from the date of resumption, the jagirdar or any interested person may apply to the Collector of the District in which such place of worship or institution is situated for the continuance of the grant.(2)On receipt of an application under sub-rule (1), the Collector shall make an enquiry to ascertain:-(a)whether the place of worship is really meant for worship by the public and not merely for the jagirdar and his family and whether the religious institution is a public institution;(b)whether there is documentary or other sufficient evidence available to show that regular payments were being made to the institution or place of worship from the income of the resumed jagir.(3)After completing the enquiiy the Collector shall forward his recommendations to the Commissioner, Devasthan who may after such further enquiry as he may deem necessary submit his recommendations to the Government subject to the annual Appropriation Act.(4)On receipt of the report from the Commissioner, Devasthan the Government may pass such orders for the continuance of such grant or any part thereof as it may deem fit, subject to the Annual Appropriation Act.(5)[(i) Pensions granted by a Jagirdar or other competent authority to the employee of a jagir in which pension rules were introduced before the year 1949, shall continue to be paid. Sanction for such payment shall be issued by the Collector of the District concerned except that the cases of those employees who held posts in a Jagir which were equivalent to Gazetted posts in the integrating State shall be forwarded by the Collector to Government through the jagir Commissioner for orders. He shall forward the sanction to the Accountant General. Rajasthan along with the old pension payment order to enable the Accountant General to issue new pension payment order. In cases where formal pension payment orders were not issued by the Jagirdar or other competent authority and the payment of pension was regulated on the basis of entries made in the pension disbursement register, the Collector shall forward full details of the pensions to the Accountant General with the formal sanction of the pension in each case. Since the Government liability for payment of pension does not arise before the date of resumption, the Collector should take particular care to see that no payment for the period prior to the date of resumption is made.(ii)Cases of pension sanctioned by the Jagirdar or other competent authority in a Jagir in accordance with the well established custom shall be examined by the Jagir Commissioner. A statement of such cases along with complete information about the pensions shall be forwarded by the Collector to the Jagir Commissioner. The Jagir Commissioner, if satisfied that the payment of pension is in accordance with a well established custom, shall issue orders for its payment or payment of a part thereof. The amount shall be determined by him after taking into consideration to nature of services of pensioner, except that the cases of those employees who held posts in a Jagir which were equivalent to Gazetted post in the integrating State shall be forwarded by the Jagir Commissioner to the Government for orders.(iii)Grants of Hinhayat and Parwarish made by a Jagirdar before the year 1949, which are in the nature of compassionate allowances and family pension shall be examined by the Collector and recommended to the Jagir Commissioner with his opinion in each case. The jagir Commissioner shall examine these cases in consulting with the Finance Department of the Government and shall issue orders for payment of the full amount or any part thereof, after taking into consideration the age of the grantee, his financial resources and other relevant factors including the service of the Finance Department].(iv)[ Where a Jagirdar was liable to pay to a Jagir employee, out of income of his Jagir land resumed under the Act, pension in accordance with same specific rules in that behalf, or well established custom, and such Jagir employees was retired, or discharged or his services were terminated by the Jagirdar immediately before the date of resumption of the Jagir land, pension in accordance with such rules or in the absence of specific Thikana Pension Rules, the pension rules of the Covenanting State in which the Jagir land was situated or where such Covenanting State had no pension rules, in accordance with the Rajasthan Service Rules, may be granted to such Jagir employee, the pension papers being prepared by the Deputy Collector, Jagirs and after verification by the Accountant General, Rajasthan, sanction being obtained from the Jagir Commissioner when the amount of monthly pension does not exceed Rs. 50/-, and from the State Government in other cases. [Inserted by Notification No. F. 22(61) Revenue/D/III/59, dated 12-10-1962, published in Rajasthan Gazette Part IV-C, Ordinary, dated 29-11-1962.]Note. - Reference to the provisions of the Rajasthan Service Rules in the above clause shall not include provisions regarding the grant of Death-cum-Retirement gratuity and family pensions.]Chapter-VII Payment of Compensation
