Section 4 in Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (Kerala) Rules, 2014
4. Deposit of the estimated cost of acquisition.
(1)On receipt of a requisition for acquisition from the Requiring Body, the Collector shall cause to be prepared an estimate of the cost of acquisition of the proposed land as defined in clause (i) of section 3 of the Act.(2)The Collector shall calculate the probable establishment charges for the acquisition at the rate of thirty percent of the cost of compensation of the proposed acquisition, which shall be deposited by the Requiring Body in the appropriate Head of Account.(3)The Collector shall calculate contingency charges for acquisition which shall be five percent of the cost of compensation subject to a minimum of fifty thousand rupees, which shall be placed at his disposal in Treasury Savings Bank Account.(4)The contingency charges shall utilized for expenses in connection with stationery, communications, publications, manpower, travel, vehicles, expenses for Amins, Draughtsmen or other personnel engaged in the said acquisition process, for which true and correct accounts shall be maintained.(5)The Collector shall forward the requisition for acquisition filed by the Requiring Body to the Government only on deposit by the Requiring Body of the probable cost of acquisition, establishment charges and contingency charges.(6)Notwithstanding the deposit of the estimated amount as provided in sub rule (5), the Requiring Body shall be liable to deposit all the remaining amount, if any, after final charges of acquisition are prepared or if any excess amount is awarded by the Authority or by a court of law.(7)The Requiring Body shall also be required to deposit the amount calculated for rehabilitation and resettlement of the displaced persons before the final award is passed and the land is taken over.(8)If the Requiring Body defaults in making the deposit of the excess amount as provided in sub rule (6), the process of acquisition shall be stopped till such payment is made or the Notification lapses as provided in the Act.(9)If the Notification lapses on account of the default of the Requiring Body in making payments, the amount deposited shall be refunded to the Requiring Body after deducting ten percent of the amount deposited and after deducting the entire expenses incurred in the acquisition proceedings.(10)Any amount payable to the Collector or the Government by any Requiring Body may be recovered from such body by either appropriating the said amount from any fund of the Requiring Body held by or under the control of die Government, Local Self Government Institutions or any other Government company or organisation.(11)Any amount payable to the Collector or Government by any Requiring Body can be recovered from such body under the Kerala Revenue Recovery Act, 1968 (Act 15 of 1968), as if it is an arrear of revenue due on land.
