Section 40 in Gudalur Janmam Estates (Abolition and Conversion Into Ryotwari) Act, 1969
40. Interim payments.
(1)If the compensation payable in respect of a janmam estate is not determined and deposited in pursuance of this Act before the close of the agricultural year in which the appointed day falls, interim payment in respect of the janmam estate shall be deposited by the Government in the office of the Tribunal every agricultural year prior to the agricultural year in which the said deposit is made.(2)In respect of the agricultural year in which the appointed day falls', the interim payment to be deposited shall be the basic annual sum as roughly estimated by the Government after deducting therefrom the income from the janmam estate actually derived by the janmi before the appointed day in respect of that agricultural year.(3)In respect of each of the subsequent agricultural years, the interim payment to be deposited shall be the basic annual sum roughly estimated as aforesaid.(4)The Government shall deposit all such amount, in the office of the Tribunal and the Tribunal shall, after such inquiry, if any, as it thinks fit, apportion the amounts among the persons entitled to any portion thereof, as far as possible in accordance with the value of their respective interests.(5)On the making of such a deposit, the Government shall be deemed to have been completely discharged in respect of all claims to, or enforceable against, the amount so deposited.(6)After the compensation has been finally determined, the Government shall ascertain the aggregate interim payment which would have been due in respect of the janmam estate under sub-sections (2) and (3) for the agricultural years concerned, if the basic annual sum as finally determined had been adopted instead of the basic annual sum as roughly estimated.(7)If the aggregate interim payment determined under sub-section (6) exceeds the aggregate interim payment already deposited, the balance with interest thereon at three per cent per annum shall be deposited by the Government with the Tribunal along with the compensation as finally determined.(8)If the aggregate interim payment determined under sub-section (6) is less than the aggregate amount already deposited, the excess amount deposited shall be deducted by the Government from the amount of the compensation finally determined and the balance shall be deposited in the office of the Tribunal.(9)No interim payment made under this section shall be deemed to constitute any part of the compensation which the Government are liable to deposit under sub-section (1) of section 31, or to any extent to be in lieu of such compensation.(10)The Tribunal shall revise its apportionment of the interim payments with reference to the aggregate interim payment as finally determined by the Government and make the necessary adjustments when apportioning the compensation as finally determined.
