Section 11 in Tamil Nadu Electricity Supply Undertakings (Acquisition) Act, 1954
11. Manner of payment of deposit of compensation.
(1)The compensation due to a licensee under this Act shall be paid or deposited in cash, as hereinafter provided in this section.(2)Within four months from the vesting date in the case of an undertaking which vests in the Government in pursuance of an order under section 4, subsection (1), and as soon as may be after the commencement of this Act in the case of an undertaking taken over, the Government shall estimate roughly the compensation payable to the licensee under this Act.(3)Three-fourths of the amount as so estimated shall be paid by the Government to the licensee, where it is a local authority after deducting any amount paid, whether before or after the commencement of this Act, as or towards the compensation payable and the amounts referred to in section 10.(4)In the case of any other licensee, the Government shall deposit in the Reserve Bank of India or any other Bank chosen by the Government for the purpose (which Reserve or other Bank is hereinafter referred to as the Bank) three-fourths of the amount as estimated under sub-section (2), after deducting therefrom the amounts referred to in section 10.Explanation. - Where the amount to be paid or deposited under sub-section (3) or this sub-section is equal to or less than the amount to be deducted therefrom as aforesaid, no payment or deposit need be made under sub-section (3) or this sub-section.(5)Nothing in sub-section (2) of sub-section (4) shall require the Government to estimate roughly the compensation payable to a licensee under this Act or to deposit in the Bank three-fourths of the amount as so estimated after deducting therefrom the amounts referred, to in section 10, in a case where, in respect of an undertaking taken over, the Government have, before the commencement of this Act, estimated roughly the compensation payable to the licensee and have deposited in the Bank three-fourths of the amount as so estimated after deducting therefrom the amounts referred to in section 10; and the estimate and the deposit made by the Government in any such case shall be deemed for all purposes to be an estimate and a deposit made under sub-section (2) and sub-section (4), respectively.(6)(a)Within One year from the date on which the compensation was estimated under sub-section (2), the Government shall determine the amount of compensation payable in respect of the undertaking and pay to the licensee or deposit in the Bank the balance left from the amount aforesaid after deducting therefrom (a) the amounts referred to in section 10, and (b) the payment or deposit previously made under sub-section (3) or sub-section (4), as the case may be.(b)Nothing in clause (a) shall require the Government to determine the amount of compensation payable in respect of the undertaking or to make a deposit in a Bank in any case where in respect of an undertaking taken over the Government have determined the amount of compensation payable in respect of the undertaking and have deposited in the Bank the balance left from the amount aforesaid after deducting therefrom the amounts referred to in section 10 and the deposit previously made or deemed to have been made under sub-section (4), and the determination and the deposit shall in such a case be deemed to have been made under clause (a).(c)Where the accredited representative claims or in the case of an undertaking taken over has claimed that compensation is or was due to the licensed over and above that is determined or deemed to have determined by the Government under clause (a), the amount, if any, to which it is finally decided in pursuance of this Act that the licensee is entitled, shall be paid to the licensee or deposited in the Bank, as the case may be, within one month from the date on which such final decision is arrived at.(d)All amounts liable to be paid or deposited in pursuance of clause (a) or clause (c) shall bear interest at three per cent per annum from the date of expiry of four months from the vesting date.(7)In the case referred to in the Explanation to sub-section (4), that is to say, where no payment or deposit has been previously made, the Government shall pay to the licensee or deposit in the Bank the amount of compensation determined under clause (a) of sub-section (6), after deducting therefrom the amount's referred to in section 10, together with interest on the amount to be paid or deposited, at three per cent per annum from the date of expiry of four months from the vesting date.(8)The amount of compensation as estimated under sub-section (2) and the amount of compensation as finally determined under sub-section (6) shall be intimated forthwith to the accredited representative and he shall, within two weeks of such intimation or such further time as may be allowed by the Government, state in writing whether the amount as determined by the Government is agreed to by him acting on behalf of the licensee.(9)Every person claiming any amount deposited in the Bank under the foregoing sub-sections, or any portion thereof, shall apply to the Special Officer appointed by the Government in this behalf, within three months from the date of the deposit or within such further time as the Special Officer may allow.(10)(a)The Special Officer shall, as expeditiously as possible, inquire into all claims made under sub-section (9) and determine the persons who, in his, opinion, are entitled to the amount deposited and the sum to which each of them is entitled and disburse the same to him.(b)The Special Officer shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Central Act V of 1908), when trying a suit in respect of the following matters: -(i)enforcing the attendance of any person and examining him on oath;(ii)compelling the production of documents; and(iii)issuing commissions for the examination of witnesses. The Special Officer shall also have such further powers as may be prescribed.(c)Any person deeming himself aggrieved by any decision of the Special Officer under clause (a) may appeal to the High Court within three months from the date of such decision or within such further time as the High Court may grant.(11)Where, in respect of an undertaking taken over, the Government have appointed a Special Officer for the purposes stated in sub-section (9), such appointment is hereby declared to have been validly made and is confirmed. The Special Officer so appointed is hereby declared to have and to have always had the jurisdiction, powers and duties conferred and laid on the Special Officer by sub-sections (9) and (10). Applications presented to such Special Officer and judgements and orders pronounced by him, and action taken by him or by others under his direction or in the course or for the purpose of or in relation to application presented to him, if they would have been validly presented, pronounced or taken had sub-sections (9) and (10) been in force when they were presented, pronounced, or taken, are hereby declared to have been validly presented pronounced or taken.(12)All acts done, and judgements, orders pronounced, by the High Court in any appeal or other proceeding arising out of any decision of a Special Officer appointed by the Government in relation to an undertaking taken over are hereby declared to have been validly done or pronounced and any appeal or other proceeding arising out of a decision of such Special Officer may be disposed of by the High Court as an appeal or other proceeding arising out of a decision of such Special Officer appointed by the Government under sub-section (9).
