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State of Rajasthan - Section

Section 39 in The Rajasthan Land Reforms and Resumption of Jagirs Rules, 1954

39. [ Compensation payable to waqf, endowments, minor and persons under disability. [Substituted by Notification No. 21230/F. 4(361) Revenue A/54, dated 22-5-1956, published in Rajasthan Gazette Part IV-C, dated 14-7-56.]

- The compensation due to a waqf, a trust or endowment in support of an educational or charitable institution shall be paid in the following manner:-] [Substituted by Notification No. F. 4(361) Revenue 1/54, dated 6-12-1954, published in Rajasthan Gazette Part IV-C, dated 25-12-54.]
(1) (a) In the case of a waqf or a public trust orendowment where the trust or endowment is of a charitable nature. to the Commissioner of Devasthan, Rajasthanwho shall disburse it after ascertaining that the fund will beproperly utilised for the purpose for which waqf, trust orendowment has been founded or created.
(b) In the case of a public trust or endowmentwhere the trust or endowment is for the purposes of or in supportof an educational institution. to the Director of Education, Rajasthan, whyshall disburse it after ascertaining that the fund will beproperly utilised for the institution.
(c) In the case of a minor or a person sufferingfrom legal disability who is not under the superintendence of theCourt of Words. to the Collector of the District in which theminor or the person suffering from legal disability usuallyresides who shall pay it to the person found after making inquiryto be the natural guardian of the minor or disabled person, asprovided in section 35 (3)
    (b) the inquiry having been held in the mannerprescribed in sub- rule (2) of this rule.
(d) In the case of a minor or person suffering froma legal disability who is under the superintendence of the Courtof Wards. to the Court of Wards, as provided in section35(3)(a) of the Act.
(2)[ in the case of annuity in perpetuity payable to charitable, religious or educational institutions under clause (7) of the Second Schedule to the Act, the Jagir Commissioner shall issue a certificate in Form 12A. The order by the Devasthan Commissioner or the Director of Education, as the case may be, for the payment of the annuity shall be in Form 12B, and the amount shall be drawn on a bill in Form 12C.] [Renumbered and inserted by Notification No. F. 1(d) 67 Revenue A/160, dated 4-3-1962, published in Rajasthan Gazette Part IV-C, dated 10-5-62.]
(2A)[1 For the purpose of ascertaining the person to whom payment of compensation due to a minor or person suffering from disability is to be made [vide section 35 (3) (b)] the inquiry referred to in sub-rule (1) (c) shall be made in the following manner:-
(a)The Collector shall fix the date, time and place for the inquiry, notice whereof shall be served on such person or persons as appear to him to be the natural guardian or guardians of the minor or person suffering from legal disability.
(b)The notice shall be affixed on the Notice Board of the Court of the Collector and also served individually on the persons concerned. It shall call upon all persons claiming to be the natural guardian of the minor or person under disability to appear at the inquiry.
(c)On the date and time appointed for on any other date and time to which the Collector may adjourn the inquiry for sufficient reason), the Collector shall, after hearing such persons as appear, ascertain the person to be regarded as a natural guardian.
(d)Where the question of guardianship is in dispute, the Collector shall apply to the District Judge having jurisdiction to determine such question and to appoint a guardian as required by the proviso to clause (b) of sub-section (3) of section 35 of the Act.
(e)Where the Collector does not make an application as above to the District Judge and himself ascertains the name of the guardian (the question not being in dispute) he shall make a payment of the compensation money to the guardian so ascertained after one week, subject to any orders to the contrary that he might receive in the meanwhile from any competent Civil Court.]
(3)[(a) For the purpose of ascertaining the person who is recognised in accordance with law as being charged for the time being with the duty of the maintenance of an institution for educational or charitable purpose, or of any place of religious worship or for the performance of any religious service and to whom the annuity in perpetuity is payable under clause (7) of the Second Schedule to the Act, the Jagir Commissioner or the Collector, as the case may be, shall seek information from the Devasthan Commissioner and other sources and shall notify the name of such person or persons for general information by a notice to be affixed on the Notice Board of the concerned Tehsil, and the Municipal Board or Gram-Panchayat, as the case may be as well as on some conspicuous place at such institution or such place inviting the objections, if any, within a time to be specified in such notice.
(b)The Jagir Commissioner or the Collector as the case may be, may, whether any objections have been received or not, hold such inquiry as he may deem necessary for the purpose and shall verify and ascertain the name or names of the person to whom annuity in perpetuity is payable under clause (7) of the Second Schedule to the Act.
(c)A copy of the order passed by the Jagir Commissioner or the Collector under clause (b) shall be sent by him to the Devasthan Commissioner.]