33. Tendering payment of compensation in Bonds and/or in cash.
(1)On receipt of an intimation from the Collector about the receipt of the Bonds under Rule 32, the Compensation Officer shall tender payment of the amount of compensation to the Compensation-holder in Bonds and/or in cash as prescribed in Rules 28 and 29 except in the cases referred to in Rule 38.(2)[ Notice to Compensation-holder, Form N(3) - Register of payment of compensation in Bonds/Cash - Form N(5). - The Compensation Officer shall issue a notice in Form N(3) to the Compensation-holder directing him to take delivery of the Bonds and/or to receive payment of the amount payable in cash on a specified date and at a specified place either in person or through his duly authorised agent and shall, on the specified date and place deliver the Bonds and/or make payment in cash to the compensation-holder or his duly authorised agent.The amount of Compensation payable in cash under Rule 29 shall be drawn by the Compensation Officer under head "563 Payment of Compensation............. payment in Cash" from the Treasury/Sub-Treasury in T.C. Form No. 76. Before making such delivery of the Bonds and/or making such payment in cash, the Compensation Officer shall enter the particulars in Columns I to II of the Register of payment of Compensation in Bonds/Cash in Form N(5). the Compensation holder or his agent, who shall be duly identified before the Compensation Officer, shall acknowledge receipt of the Bonds and/or Cash and shall also put his signature or left thumb impression (in case of illiterate persons) in column 12 of the said Register. The Compensation Officer shall then attest the entries by putting his dated signature in column 13 of the said Register:Provided that in the case of payment under Section 32-A of fifty percent of the approximate amount of compensation, the Compensation Officer shall issue a notice in Form N(3A) and not in Form N(3), to the Compensation holder for the purposes specified in the forgoing paragraph. The notice in Form N(3A) shall invariably be given in all cases of payment of Compensation in accordance with the provisions of Section 32-A including those in which the amount of deductions to be made exceeds the amount of such fifty percent of compensation and in which no indent for Bends is required to be submitted for the purpose of payment under the said Section.] [Substituted by G.S.R. 44 dated 1.4.1974.](3)Requisition for Bonds, Form N(8) Register in Form N(16). - The Compensation Officer shall personally draw from the Treasury the Bonds for issue on a Requisition for Bonds in Form N(8) and shall put his signature in column 10 of the Treasury Stock and Issue Register in Form N(16) in token of acknowledgement of receipt. Each such requisition shall relate only to the Bonds to be issued on a specified date according to the notice under sub-rule (2). The Compensation Officer will be personally responsible for safe custody of bonds while in his possession.(4)[ If the notice under sub-rule (2) has been duly served in accordance with the provisions of Rule 3 and the Compensation-holder in spite of service does not appear in person or through his duly authorised agent to take delivery of the Bonds and/or the Cash on the specified date and specified place, the Compensation Officer shall deposit with the Collector of the district the, Bonds and the receipt of "Revenue Deposit" in respect of the Cash deposited in the Treasury through Challan (T.C. From No. 8).The Collector shall give an acknowledgement to the Compensation Officer for the aforesaid Bonds and the receipts deposited with him and keep the Bonds and receipts in a sealed receptacle in his name in the strong room of the Treasury:Provided that subject to sub-rules (7) and (10) the Collector of the district may on an application, deliver the Bonds and/or the Cash kept under "Revenue Deposit" to the Compensation-holder or his duly authorised agent within a period of three complete years from the date fixed for delivery.] [Substituted by G.S.R. 44, dated 1.4.1974.](4A)[ If at the time of delivery of the Bonds to the compensation-holder, the Compensation Officer finds that the Bond supplied by the Public Debt Office against the indent does not bear correct name of the compensation holder, he shall withheld delivery of the Bond and shall return the Bond to the Collector with a covering letter in duplicate in Form N(22) after making an entry in column 14 of this register of payment of compensation in Bonds/cash Form N(5). When a copy of the covering letter in Form N(22) bearing the acknowledgement of the Collector is received from him, the Compensation Officer shall fill up column 15 and put his own dated signature in column 16 of the Register in Form N(5). He shall then retain the covering letter containing the Collector's acknowledgement in a guard file. The Collector, on receipt of the Bonds from the Compensation Officer shall ascertain the correct name in which the compensation documents are to be prepared and return the Bond to the Public Debt Office, Patna with a covering letter in Form N(23) in duplicate advising the Public Debt Office to correct the name of the compensation-holder in the Bond and also in their records. At the same time, the Collector shall correct the entries in the relative records retained by him under advise to the Government in Revenue and Land Reforms Department and also in the Finance Department. The correction in the name of the compensation-holder in the Bond shall also be intimated to the Treasury Officer concerned.] [Substituted by G.S.R 44, dated 1.4.1974.](5)[ Covering Schedule, Form N(9) - Guardfile of covering Schedules, Form N (9) - The Compensation Officer shall forward the undelivered Bonds and for the receipts for disbursed cash kept in Revenue Deposit soon after the specified date to the Collector, for deposit with a covering Schedule in Form N (9) after making an entry in column 14 of his Register, of payment of compensation in Bonds/cash in Form N(15), When an acknowledgement in the duplicate of the covering schedule is received from the Collector, the Compensation Officer shall fill up column 15 and put his own dated signature in column 16 of the said Register. He will then retain the covering schedule containing the Collector's acknowledgement in a Guard File.] [Substituted by G.S.R. 44 dated 1.4.1974.](6)[ Register of undelivered Bonds and undisbursed amount of the Cash compensation N(10). - The Collector shall maintain a Register of undelivered Bonds and undisbursed amounts of the Cash Compensation in Form N(10) showing the particulars relating to the undelivered Bonds/Receipt of undisbursed amounts cash of Compensation kept in "Revenue Deposit" received by him from the Compensation Officer for deposit.There shall be annual verification of such undelivered Bonds and undisbursed cash by a Gazetted Officer to be nominated by the Collector for the purpose.] [Substituted by G.S.R. 44 dated 1.4.1974.](7)Covering Schedule, Form N (11) - Guard File of covering Schedule, Form N (11). - If any Bonds are not delivered within a period of three years under the proviso to sub-rule (4) the Collector shall return them to the Public Debt Office. [Patna] [Substituted by Notification No. 339 LR dated 14.1.1960.] for deposit together with a covering Schedule in duplicate in Form N(P). The Collector shall, at the same time make an entry in column 16 of his Register in Form N (10). One copy of the covering Schedule will be retained by the Public Debt Office, [Patna] [Substituted by Notification No. 339 LR dated 14.1.1960.] and the other copy returned immediately to the Collector with an acknowledgement of receipt. On receipt of such acknowledgement the Collector shall make an entry to this effect in column 17 of the said Register, and shall retain the covering Schedule containing such acknowledgement in a Guard File.(8)Till the undelivered Bonds are returned to the Public Debt Office, [Patna] [Substituted by Notification No. 339 LR dated 14.1.1960.], they shall be kept in the double lock of the District Treasury.(9)[ Monthly Statement of Payment of Compensation in Cash. - Form N (12). - The Compensation Officer shall prepare a monthly Statement of Compensation in Cash in Form N(12) on the basis of the disbursements made day to day to the Collector not later than the 7th day of the following month. The Collector shall prepare a consolidated statement in duplicate in the same form for the district. The Collector shall then transmit one copy of the same to the Government in the Revenue and Land Reforms Department latest by the 20th day of the month following the month to which the Statement relates.] [Substituted by G.S.R. 44 dated 1.4.1974.](10)Revalidation of Cash Compensation kept in "Revenue Deposit". - Cash Compensation not claimed for more than three months from the date of notice to the Compensation-holder shall cease to be payable unless an application is filed before the Compensation Officer who will pass necessary orders for payment of the same by the Collector.(11)[x x x x] [Omitted by G.S.R. 44, dated 1.4.1974.](12)[x x x x] [Omitted by G.S.R. 44, dated 1.4.1974.](13)[ Date of issue of Bonds. - The date of issue of Bond by the Public Debt Office, Patna, as mentioned in the Bonds shall be taken as the date of issue for payment of annual instalments and for crediting the value of the Bonds in Form N - Public Debt, etc., by contra-debit to 65 Payment of compensation, etc; on the basis of the monthly return showing the date-wise issue of Bonds received by the Accountant-General, Bihar from the Public Debt office, Patna. In order to ensure correct adjustment of the value of the Bonds in Government accounts the Public debt Office, Patna will at the same time send a copy of the monthly return to the Revenue Department (Land Reforms Section and another copy to the Finance Department by the 10th day of the month following the month to which the return relates.] [Substituted by G.S.R. 44, dated 1.4.1974.](14)Actual delivery of Bonds. - The Collector shall furnish in Form N (21) to Government in the Revenue Department (Land Reforms Section) by the end of the following week a weekly statement showing the total value of Bonds actually delivered during the preceding week in payment of compensation by the Compensation Officer together with the dates of delivery of such Bonds. The Revenue Department will compile a monthly statement for the whole State in the same form and forward the same to [x x x] [Omitted by Notification No. 339 LR, dated 14.1.1960.] the Finance Department and a copy thereof will be sent simultaneously to the Accountant General, Bihar.(15)[ (a) Where a Compensation-holder dies after the Bonds have been indented but before the Bonds have been delivered and/or payment in cash has been made as prescribed in sub-rule (2), the Compensation Officer shall deposit the Bonds and/or the receipt for cash deposited in "Revenue Deposit" with the Collector in the manner prescribed in sub-rules (4) and (5). Thereafter the procedure prescribed in sub-rules (6), (7), (8), (10) and (11) shall be followed.] [Added by Notification No. 4017 LR, dated 31.5.1962.](b)[ If the quantum of compensation does not exceed five thousand rupees and no probate of Will or Letter of Administration is filed within a period of six months from the date of the death of the Compensation-holder, the Collector shall hold an enquiry as to the persons entitled to receive the Bond and/or cash. If, there is no dispute as to succession and the claimants file an affidavit regarding their shares in the Form prescribed in Form U(3), the Bonds referred to in clause (a) shall be forwarded to the Public Debt Office, Patna, for cancellation and also an indent for issue of fresh Bonds or equivalent amount in the names of the successors-in-interest as adjudged by the Collector, in accordance with the procedure prescribed in Rule 30. If any amount has to be paid in cash to the successors-in-interest or any of them as adjudged by the Collector by the amount payable in cash shall be calculated afresh in accordance with Rule 29.] [Substituted by G.S.R. 44, dated 1.4.1974.](c)[ In case there is a dispute as to succession with respect to the interest of the deceased Compensation-holder and in every case where the total quantum of compensation exceeds five thousand rupees, the parties claiming to be the successors-in-interest of the deceased Compensation-holder shall be asked to produce a certificate of succession as provided in the Indian Succession Act, 1925 (Act XXXIX of 1925). Thereafter the Bonds shall be revalidated and the amount payable in cash shall be calculated afresh in accordance with the certificate of succession and the procedure laid down in clauses (a) and (b) shall be followed.] [Substituted by G.S.R. 44, dated 1.4.1974.](d)[ Even if the total quantum of compensation does not exceed five thousand rupees but the parties file a certificate of succession under the Indian Succession Act the procedure prescribed in clause (b) shall be followed. [Inserted by Notification No. 8226-LR, dated 28.10.1967.](e)If the question of succession is not decided within a period of three years from the death of the compensation-holder, the Collector shall return the bonds to the Public Debt Office as prescribed in sub-rule (7).]
