Section 629 in The Orissa Estates Abolition Rules, 1952
629. [(1)] [Renumbered as Sub-rule (1)-V7de Finance Department Notification. No. 22600-Pen-9156-dated 12.9.1956.] In case of lump payment of the outstanding balance of compensation under the proviso to Sub-section (3) of Section 37 of the Orissa Estates Abolition Act the Intermediary must surrender his copy of the Compensation Payment Order to the Treasury Officer who shall thereupon cancel both the copies and send them to the Collector. The application for such lump payment will be made to Government through the Collector and the fact of collection of the Payment Order will be reported to the Collector by the Treasury Officer. On receipt of final sanction from Government to the lump sum payment the Collector will issue necessary authority to the Treasury Officer for making payment to the Intermediary in the manner prescribed in S. R. 650, The Treasury Officer shall report the fact of payment to the Collector authorising such payment. A copy of the final sanction order of Government and of the Collector's authority for payment should also be furnished to the Accountant-General Orissa for the purpose of audit of payments.
In case where Government have decided to pay in one lump sum a Portion of the Compensation as the first instalment, the Intermediary in whose favour an Annuity Payment Order has been issued may submit an application to the Collector claiming the difference between the annuity he has already received from the date of issue of the payment order and the lump amount decided by Government to be paid in one instalment. He should return his copy of the payment order alongwith the application with the original Annuity Payment Order. The Collector shall call for the copy of the payment order from the Treasury Officer. After scrutiny of the payment order, he shall work out the difference payable to the Ex-Intermediary and issue a fresh payment order after cancelling both the copies of the Order issued by him previously, leaving a note to the effect in the Registrar of Compensation Annuity Payment; (Form O.T.C. 72) under his dated initials. The fact of cancellation to payment order and issue of fresh order shall be intimated by the Collector to the Accountant-General.(2)[] [Added vide Finance Department Notification. No. 22600-Pen 9/56 dated 12.9.1956.] In cases where Government have decided to pay in one instalment the en-ire amount of compensation to such class of Intermediaries as nay be notified by the State Government as small Intermediaries, the Collector shall arrange to issue an order for payment of compensation in Form No. OTC 75-A (which shall be prepared in quadruplicate) and send a copy each to the payee, Treasury Officer concerned and the Accountant-General, Orissa and keep copy in his office. Only copy of paragraph 1, shall be sent to the payee with the request to appear before the Treasury Officer to receive payment on the date specified in the order. The fact of issue of payment order in lump sum under general orders of the State Government may be recorded in the Register of Compensation Annuity Payment Order in Form No. OTC 72, preferably in a separate volume for facility of reference particularly as these cases are special in nature. Notes shall also be kept indicating that the Intermediaries have been paid off finally. The entry in the register shall be made under the dated initial of the Collector. On receipt of the intimation of payment i.e. to say the memorandum attached to Form No. 75-A column 12 of the register of Compensation Payment Order shall be filled up under the dated initial of the Collector The payment order and the payment made against each shall be checked in audit.(3)In cases where the compensation payable in respect of an estate is ordered to be paid in one instalment and the compensation of 4n individual Intermediary is Rs. 500/- or less, the Collector after issuing the required payment order under Sub-rule (2) above shall draw the amount of compensation in respect of such Intermediaries in Orissa Treasury Code Form No. 75-B and endorse the Bill with a spare copy marked in red ink as "Office copy" in favour of the local Tahasildar for encashment and local disbursement. If the space provided in the Orissa Treasury Code Form No. 75-B is not sufficient to write out t e names of the Intermediaries,, the Collector shall enclose to the bill a list of the payees showing the name of ex-intermediary father's name, extent of interest, address and the amount payable before it is sent to the Tahasildar. The Collector at the same time shall intimate the ex-intermediary to receive the payment from the Tahasildar within 60 days from the date of issue of the orders failing which the said money shall be placed in Revenue Deposit in the Treasury.The Tahasildar shall keep an account of the payment orders received by him in a Register in Orissa Treasury Code Form No. 73. After the parties appear before the Tahasildar to receive the payment the compensation money shall be paid in the same manner as provided in Sub-rule (2) after duty identifying the payees and obtaining their acknowledgement in support of the payment in the Remarks column of the list attached to the office copy of the Bill. After expiry of 60 days from the date of issue of payment order the Tahasildar shall return the payment order along with the list endorsing thereon a certificate to the effect that the amount have been duly paid by him to the ex-intermediaries concerned. In case of any non-payment the Tahasildar shall place the amount in Revenue Deposit and note the number and date of treasury challan against the relevant item of the list. The Collector on receipt of the intimation from the Tahasildar shall file the list of payment in the relevant case record after making necessary note of disbursement in the register maintained in Form No. 72 under dated initial. If any amount has been placed in Revenue Deposit, he shall also make a note of the fact in the register in Orissa Treasury Code Form No. 72.(4)In case where the Compensation payable in respect of any estate is ordered to be paid in one instalment the amount may, with the consent of the Intermediary be remitted to him by postal money order after deducting the money order commission from the compensation amount. In such cases the Collector instead of drawing the amount from the Treasury in cash shall present the bill in O.T.C. Form No. 75-B along with a properly prepared money order form or forms as the case may be. The purpose of the money order must be briefly stated on the acknowledgement portion of the money order from in contention of the entry "Received the sum specified on the reverse on............sufficient space being left below the manuscript entry thus made for the signature or thumb impression of the payee The money order acknowledgement will as usual be received by the Treasury Officer who after exercising necessary check prescribed in S. R. 156 (2) shall transmit it to the Collector for record. The acknowledgement of the Intermediary shall be preserved by the Collector and the fact of payment shall be recorded in the Register of Compensation Annuity Payment Order. If the Intermediary does not receive the money or the money order if received back undelivered, the Collector on receipt of the said information shall arrange to place the amount in Revenue Deposit by presenting a challan in the Treasury.(5)(i)When the compensation or any portion thereof has been attached under the orders of a competent Court or authority before issue of payment order, the following procedure shall be observed. If the compensation is payable in one instalment the Collector shall draw the amount under attachment in Form O.T.C. 75-B and disburse it to the attaching Court or authority as the case may be under to the Intermediary by registered post with acknowledgment due. He shall then issue the authority for payment of the balance, if any, in Form No. 75. A. If the compensation is payable in more thin one instalment, the Collector shall draw instalment as when they become payable under intimation to the Intermediary by registered Post with acknowledgement due until the attachment order is fully complied with. He shall then issue the authority for payment of the balance, if any in Form No. 75.(ii)When an order attaching the compensation or a portion thereof is received after payment order has been issued, but before full payment is made, the Collector shall cancel the payment order previously issued under intimation to the Treasury and the Intermediary concerned and follow the procedure laid down in the preceding Paragraph for satisfying the attachment.(iii)When an attachment order is received after full payment or payment in part has already been made or when the amount of -Compensation still payable is not otherwise sufficient to fully satisfy the order the fact should be forthwith by the Collector to the notice of the attaching authority, nut auction should simultaneously be taken under Para (a) or (b) as the case may be, for complying with the attachment order as far as possible.(iv)The details of payment made to comply with attachment orders shall be noted in the register in Form No. O.T.C. 72 and in such Father register or registers as may be prescribed by Board of Revenue.(v)When any amount due to the State Government and outstanding against an Intermediary is to be recovered from the compensation under the provisions of any clauses (b), (d), and (k) of Section 5 of the Orissa Estates Abolition Act, 1951, the following procedure shall be observed namely :(a)if the compensation is payable in one instalment-(i)The Collector, while issuing Payment Order in Form No. O.T.C. 75-A shall indicate therein separately the total compensation payable, the amount to be paid in cash to the Intermediary and the amount to be adjusted by transfer credit to the relevant Heads of account.(ii)He shall also enclose a challan in duplicate to the Payment Order showing the amount to be adjusted by transfer credit to the Head of Account concerned.(iii)The Treasury Officer on receipt of the Payment Order along with the challan shall make payment of the amount to the Intermediary as mentioned in Payment Order and effect the adjustment by book transfer-to the Head of Account shown in the challan.(b)if compensation is payable in more than one instalment-(i)The Collector shall in the first instance, draw the Government dues recoverable under this clause in Form No. O.T.C. 75-B and take steps to credit the same to the relevant. Head of Account by following the procedure mentioned in items (ii) and (iii) of Sub-clause (a);(ii)He shall then issue a Payment Order for the balance in Form No. O.T.C. 75-A.Note - The fact of recovery of Government dues should be noted in the Miscellaneous Case Record opened for the purpose by the officer issuing >he payment order over his dated signature.(c)If the Compensation amount is to be disbursed through the local Tahasildar or by money order-(i)The Collector while issuing Payment Order in Form No. O.T.C. 75-B shall indicate separately the total compensation payable, the amount to be disbursed to the Intermediary through the local Tahasildar or by money order and the amount to be adjusted under Clauses (b), (d) and (k) of Section 5 of the Orissa Estates Abolition Act, 1951.(ii)The procedure as laid down in items (ii) and (iii) of Sub-clause (a) above shall be observed for adjustment of State dues and effecting payment of compensation to the Intermediary through local Tahasildar or by money order.(d)In all cases of recoveries under Clauses (b), (d) and (k) of Section 5 of the Orissa Estates Abolition Act, 1951, the Treasury Officer should send the original challan to the Collector retaining the duplicate with him for transmission to the officer under whose requisition the deduction was made so as to enable the latter to close his accounts.
