Section 20 in Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Rules, 1974
20. Apportionment of compensation and interim payment.
(1)As soon as may be after any amount is deposited under sections 31 and 40 in the office of the Tribunal, the Director of Settlements shall publish the fact of such deposit in the Tamil Nadu Government Gazette, with particulars of the amount is deposited, the date of deposit and name of the janmam estate to which it relates.(2)As soon as may be after such publication is made, the Tribunal shall publish on the notice board of its office, both in English and Tamil, a copy of the notification as published in the Tamil Nadu Government Gazette.(3)The fact of such deposit shall also be published on the notice board of the Taluk Office of the taluk, in which the janmam estate is situated and also in the headquarters village of the janmam estate by affixing a copy of the notice in the village chavadi or in some other conspicuous public place in the village and also by beat of tom-tom.(4)If there are persons, whose claims to any amount deposited previously in respect of the same janmam 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 32.(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 on 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 a janmam estate, not being an impartible tarwad governed by section 35, the value of the respective interests in the janmam estates of the janmi and the other persons mentioned in section 34(1) shall be ascertained in accordance with the following provisions.(9)In the case of any such janmam estate, the Tribunal shall, first determine the compensation payable in respect of the janmam estate and then proceed in accordance with sub-rule (10) in respect of the compensation payable to the principal janmi.(10)(a)The Tribunal shall determine the aggregate compensation payable to all the following persons considered as a single group:-(i)the members of the tarwad (who are hereinafter called "sharers"); and(ii)other persons, who, immediately before the appointed day, were entitled to maintenance out of the janmam estate and its income under any decree or order of a Court, award or other instrument in writing or contract or family arrangement, which is binding on the janmi (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 appointed day, 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 their debts paid, from and out of the assets of the janmam estate and the amount, to which each of them is so entitled; and only the remainder of the aggregated 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 janmam estate;(2)the number of persons to be maintained out of that estate;(3)the nearness or relationship of the persons 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 reopen any. arrangement already made in respect of the maintenance, whether by a decree or order of 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 36, be divided among the shares as if they owned such balance as a Marumakkattayam tarwad and a partition thereof had been effected among them on the appointed day.(11)In respect of cases governed by section 38, rules 9 and 10 shall apply mutatis mutandis.
