Section 37 in The Orissa Estates Abolition Act, 1951
37. Manner of payment of compensation.
(1)[After final publication of the Compensation Assessment roll under Section 33] [Substituted vide Orissa Act No. 15 of 1956.] the Compensation Officer shall proceed to make payment, in the manner provided in this Section," to the intermediary and other person or persons who are shown in such compensation Assessment roll [* * *] [Omitted vide Orissa Act No. 2 of 1961.] to be entitled to compensation, of the compensation payable to them in terms of the said roll after deducting from the amount of any compensation so payable any amount which has been ordered by the Collection under Clause 2 (b),(d) or (k) of Section 5 to be so deducted :[Provided that where compensation is payable by way of a perpetual annuity under Section 4 or clause (2) of Section 28 the deduction under any one or more of the aforesaid clauses of Section 5 shall not together exceed thirty five per centum of such annuity :] [Inserted vide Orissa Act No. 2 of 1961.][Provided further that in cases where the amount due under the said clauses of Section 5 cannot be fully recovered within a period of thirty years from the date of vesting by making deduction at the maximum rate as provided in the proceeding proviso, the Compensation Officer shall refer the case to the Board of Revenue, which may fix a higher rate of deduction not exceeding fifty per centum of the annuity and in so affixing the Board shall, where the annuity relates to any estate held under a trust or other legal obligation referred to in Clause (2) of Section 28, have due regard to the obligatory expenditure to be met by such trust or under such legal obligation.] [Inserted vide Orissa Act No. 33 of 1970.](2)The amount of compensation so payable in terms of a Compensation Assessment roll as finally published shall be paid as hereinafter provided to the person or persons entitled there to according to the said roll and in case of death of person or persons so entitled before the compensation is received by him or them to his or their legal representatives.(3)The amount of compensation to which an Intermediary shall be entitled under Sub-Section (1) shall carry interest at two and a half per centum per annum and the compensation together with the interest shall be payable on and from the date of vesting in thirty annual equated instalments :Provided that it shall be competent for the State Government to make full payment of the compensation outstanding at any period prior to this completion of the period of thirty years specified above :[* * *] [Omitted vide Orissa Act No. 18 of 1964.][(3-A)(a) As soon as may be after the final publication of the Compensation Assessment roil the Compensation Officer shall in respect of every person entitled to payment according to the said roll issue notice in the prescribed from and manner calling upon such person to take steps for receiving payment.(b)Not withstanding the issue of such notice, nothing in clause (a) shall be deemed to authorise payment contrary to the directions contained in any judgement, decree or order of a Court or other authority.(3-B) The amount of compensation covered by a notice under Sub-Section (3-A) which has been with held from payment in pursuance of any judgement, decree or order of a Court of other authority, or which for any reason whatsoever remains unpaid, shall, as soon as may be after the date of expiry for the prescribed period commencing next after the due date or dates of payment specified in such notice, be deposited as revenue deposit.(3-C) Notwithstanding anything to the contrary in Sub-Section (3) the amount to be deposited under Sub-Section (3-A) shall not carry any interest from the date of expiry of the period prescribed under the said sub-section.] [Inserted vide Orissa Act No. 18 of 1964.](4)[ * * *] [Omitted vide Orissa Act No. 3 of 1958.](5)If the estate in respect of which the compensation is payable is held by a limited owner or the holder of a life interest [* * *] [Omitted vide Orissa Act No. 3 of 1958.] the Compensation Officer shall keep the amount of compensation in deposit with the Collector of the District and the Collector shall direct the payment of the interest accruing on the amount of compensation to the limited owner of the holder of the life interest [* * *] [Omitted vide Orissa Act No. 3 of 1958.] during the life time. Such amount shall remain deposited with the Collector until the compensation money or portion thereof after making payments, if any, under the proviso to this Sub-section is made over to any person or persons becoming absolutely entitled thereto :Provided that nothing in this Sub-section shall be deemed to affect the right of any limited owner or the holder of a life interest [* * *] [Omitted vide Orissa Act No. 3 of 1958.] to apply to the District Judge for the payment of a part of the compensation money to defrary any expenses which may be necessary to meet any legal necessity :Provided further that an Intermediary may, by a deed reduced to writing, agree to receive compensation by way of reduction of rent to be fixed on the basis of adjustment of the payment of compensation payable to him on such terms and conditions as may be agreed to within the specified period of thirty years, on such land comprising the estate, or part of the estate, as may be, settled with him under the provisions of Section 7 of this Act.[Explanation - The expression "limited owner" shall not include the holder of an estate which is governed by the provision of the Madras Impartiable Estate Act of 1904 (Madras Act II of 1904), or of any other estate which is impartible under any law or custom or usage having the force of law.] [Inserted vide Orissa Act No. 15 of 1958.](6)[ The amount of compensation to which a creditor or a maintenance-holder shall be entitled under Clause (3) or (4) of Section 28 shall carry interest at two and a half per centum per annum on and from the date his claim is determined by the Claims Officer under Section 20 and shall be paid on and from the date of vesting of the estate in thirty annual equated instalments:Provided that no interest shall be paid on that part of the claim which represents interest referred to in Clause (f) of Sub-Section (2) of Section 20:Provided further that it shall be competent for the State Government to make full payment of the compensation payable to creditors or maintenance holders outstanding at any period prior to the completion of the period of thirty years specified above.] [Inserted vide Orissa Act No. 28 of 1956.][Savings - Any matter in dispute pending before a Tribunal under Sub-Section (4) of Section 37 prior to the coming into force of the Orissa Estates Abolition (Second Amendment) Act, 1958, (Orissa Act 3 of 1958), shall stand transferred to the Court which referred the same to the said Tribunal and the Court shall thereupon proceed with the same according to law.] [Transitory provision of Orissa Act No. 3 of 1958.]
