Section 9 in Rules Framed under the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950
9. On receipt of the case under section 35 (1) and after ascertaining the amounts payable to the creditors under section 35(2) of the Act, the Deputy Commissioner shall follow the following procedure in paying the amount to a creditor of the proprietor or to a proprietor
(i)Where the amount is payable in instalment, a payment order shall be prepared in Form A an delivered to the payee. Entries shall be made simultaneously in Part II of the Register in Form C and initialled by the Deputy Commissioner.(ii)Where the amount is payable in instalments, the Deputy Commissioner shall prepare a payment order in Form B, showing the dates, on which the various instalments shall be paid and deliver it to the payee concerned. A payment order in Form A shall also be delivered to the payee for the amount payable as first instalment and subsequently on the production of the order in Form B on the date of payments, a payment order shall be prepared in Form A and delivered to him. The Deputy Commissioner shall make entry in Form B of the fact of having delivered the payment order in Form A and initial the entries and return it to the payee for record. The Deputy Commissioner shall, before delivering the order in Form A, make entries in Part II of the Register in form D and initial them.[(ii-a) Where the amount is payable jointly to proprietors or creditors who are members of a joint Hindu family and the individual share of each such person is not specified in Schedule II of the Statement in Form II prepared under rule 5 of the rules under section 13 or in the order of the Claims Officer under section 24. then notwithstanding that any of them is a minor, the karta of the family may, upon an application made in that behalf to the Deputy Commissioner signed by himself and the other major members of the family, and subject to the execution of an indemnity bond with one surety in Form J, be shown in the payment order in Form A as the payee on behalf of himself and all other members of the joint family.] [Inserted vide Notification No. 2377-XXVIII, dated the 25th November, 1953.](iii)The order in Form A will be the authority for the payment of the amount from the treasury or sub-treasury, as the case may be, and will be presented to the Treasury Officer for payment. The payment shall be made only upon the personal claim of the payee concerned and to his personal receipt and not otherwise. At the written request or order of the payee the amount may be made payable to some well known banker or agent. The voucher shall ordinarily be made payable at the treasury or sub-treasury at the headquarters of the tahsil in which the property which was the subject-matter of the proprietary right vesting in the State is situated.(iv)If any payee, however, desires that the payment should be made at a treasury in another district, the Deputy Commissioner shall send a copy of the register in Form C or D, as the case may be the Deputy Commissioner of that district, and make entry to this effect in the register and initial it. The Deputy Commissioner of the latter district shall insert the copy of the register in Form C or D in the corresponding register of the tahsil in which the treasury at which payment is sought lies, and shall make payment as if the compensation was payable in respect of the property vesting in the State in that tahsil.(v)After payment, the voucher shall be forwarded by the Treasury Officer to the Accountant-General, Madhya Pradesh, with monthly accounts.(vi)If the payee does not appear to receive the payment order on the due date -(a)if the amount does not exceed Rs. 50 and if an address of the payee is known, it may be remitted by money-order less money-order-commission, the amount being drawn through the voucher in Form A by Transfer Credit to the Postal Department. The money-order receipt shall be affixed in column (6) of the Part II of the register in Form C or D, as the case may be, and entries initialled by the Deputy Commissioner. The acknowledgement shall be affixed at the same place when received. If the money-order is returned unpaid, the amount shall be placed in Revenue Deposits by book-transfer and subsequent entries made in the register in Form C or D, as the case may be, and initialled by the Deputy Commissioner,(b)if the amount exceeds Rs. 50 or if the address of the payee is not known, or if any person entitled to a payment out of the compensation refuses to except the amount, it shall be placed in Revenue Deposits by book-transfer through the vouchers in Form A. Entries shall be made simultaneously in the register in Form C or D, as the case may be, and initialled by the Deputy Commissioner,(c)where the amount is placed in Revenue Deposits, the Deputy Commissioner shall give notice to the payee of such deposits specifying the treasury in which the deposit has been made.
