Section 35 in The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Rules, 1963
35. Tendering payments of compensation in Bonds and/or in cash.
(1)On receipt of an intimation from the Treasury Officer about the receipt of the Bonds under Rule 34, the Collector shall tender payment of the amount of compensation to the compensation-holder in Bonds and/or in cash as prescribed in Rules 30 and 31 except in the case referred to in Rule 39.(2)Notice to compensation-holder, Form LCN (3)-Cash payment Order, Form LCN (4)-Register of payment of compensation in Bonds Cash, Form LCN (5) - Advice List of Cash Payment Order issued for payment Form LCN (6) - Form LCN (7). - The Collector shall issue a notice in Form LCN (3) to the (compensation-holder directing him to take delivery of the Bond and/or to receive payment of the amount payable in cash on a specified date either in person or through his duly authorised agent and shall, on the specified date deliver to the compensation-holder or his duly authorised agent the Bonds and/or a Cash Payment Order in Form LCN (4) which shall subject to Rule 36, cover the amount payable in cash. But before making such delivery of the Bonds and/or the Cash Payment Order, the Collector shall enter the particulars in Columns 1 to 11 of the Register of Payment of Compensation in Bonds/Cash in Form LCN (5) after satisfying himself that the Cash Payment Order has been duly filled in, signed and sealed. The compensation-holder or his agent who shall be duly identified before the Collector shall acknowledge receipt of the Bonds and/or the Cash Payment Order shall also put his signature or left thumb impression (in case of illiterate persons) in Column 12 of the said Register. The Collector shall then attest the entries by putting his dated signature in Column 13 of the said Register. At the same time, the Collector shall send to the Treasury Officer concerned an Advice List in Form LCN (6) in a sealed cover, addressed to the Treasury Officer by name either for arranging payment from his Treasury or at the Sub-Treasury subordinate to his Treasury showing, both in the foil and counterfoil, the details of the Cash Payment Order issued by him to a compensation-holder. The Treasury Officer, who shall be supplied in advance with the specimen signature of the Collector shall, after verification of the signature of the Collector on the Advice List with the specimen in his possession keep such Advice Lists in a Guard File. On presentation of a Cash Payment Order for payment, the Treasury Officer shall verify its content with the Advice List, and pass an order for payment only after such verification has been made and on such verification, the contents of the Cash Payment Order have been found to be correct. The Treasury Officer shall note the particulars of such payment in Register of Cash Payment Order in Form LCN (7) as well as in the portion of the Advice List and return the lower portion of the Advice List to the Collector concerned after noting therein the Treasury voucher number and date of payment.Form LCN (17). - The Treasury Officer should also be informed by a letter prescribed in Form LCN (17) of the delivery of the Bonds which are enfaced for payment at his Treasury or the Sub-Treasury subordinate to his Treasury, after such Bonds are actually made over to the compensation holders.The amount of compensation payable to a mortgagee or charge-holder shall be determined and payment in Cash/Bonds in the manner indicated in these Rules read with Section 25 :Provided that payment of the amount due shall first be made to the mortgagee or the charge-holder and that the balance, if any, remaining after such payment shall be paid to the compensation-holder.(3)Requisition for Bonds, Form LCN (8)-Register in Form LCN (16). - The Collector shall personally draw from the Treasury the Bonds for issue on a requisition of Bonds in Form LCN (8) and shall put his signature in Column 10 of the Treasury Stock and Issue Register in Form LCN (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 Collector will be personally responsible for sale, custody of the 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 so noticed does not appears in person or through his duly authorised agent to take delivery of the Bonds and/or the Cash Payment Order on the specified date, the Collector shall deposit the Bonds and/or the Cash Payment Order with the Collector of the district.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 Payment Order to the compensation-holder or his duly authorised agent within a period of three complete years from the date fixed for delivery.The Collector of the district should give an acknowledgement to the Collector of the area for the Bonds and Cash Payment Orders deposited with him and keep those Bonds and Payment Orders in a sealed receptacle in his name in the strong room of the Treasury.(5)Covering Schedule, Form LCN (9) - Guard File of covering Schedule, Form LCN (9). - The Collector shall forward the undelivered Bounds and/or Cash Payment Order soon after the specified date to the Collector of the district for deposit with a covering schedule, in duplicate in Form LCN (9) after making an entry in Column 14 of the Register of Payment of Compensation in Bonds/Cash in Form LCN (5). When an acknowledgement in the duplicate copy of the covering schedule is received from the Collector or the Additional Collector of the district, the Collector under the Act 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.(6)Register of undelivered Bonds and Cash Payment Orders, Form LCN (10). - The Collector of the district shall maintain a Register of undelivered Bonds and Cash Payment Orders, Form LCN (10) showing the particulars relating to the undelivered Bonds and/or Cash Payment Order received by him from the Collector under the Act of area for deposit.There should be a half yearly verification of such undelivered Bonds and Cash Payment Orders by a Gazetted Officer to be nominated by the Collector of the district for the purpose.(7)Covering Schedule, Form LCN (11)-Guard File of covering schedule, Form LCN (11). - If any Bonds are not delivered within a period of three years under the proviso to sub-rule (4) the Collector of the district shall return them to the Public Debt Office, Patna for deposit with a covering schedule, in duplicate in Form LCN (II). The Collector shall at the same time, make an entry in Column 16 of his Register in Form LCN (10). One copy of the covering schedule will be retained by the Public Debt Office, Patna 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, they shall be kept in a double lock of the District Treasury.(9)Monthly statement of payment of compensation in Cash, Form LCN (12). - The Collector shall prepare a monthly statement of Payment of Compensation in Cash in Form LCN (12) on the basis of the Treasury advices in Form LCN (6) and furnish it to the Collector of the district not later than the 7th day of the following month. The Collector of the district shall prepare a consolidated statement in the same form for the district in duplicate and send both the copies to the Treasury Officer for verification. The Treasury Officer shall verify the figures from his Register and note the verified amount in both the copies of the monthly statement under his dated signature and return them to the Collector. The Collector shall then transmit one copy to the Divisional Commissioner and one copy to the Revenue Department (Land Reforms Ceiling Section) latest by the 20th day of the month following the month to which the statement relates. In case there is any discrepancy between the Treasury and the Departmental figures, the Collector of the district shall institute an enquiry at once and report the result to the Divisional Commissioner and to Government in the Revenue Department (Land Reforms Ceiling Section) at an early date.(10)Revalidation of Cash Payment Orders. - A Cash Payment Order not cashed for more than three months from the date of issue shall cease to be cashable unless, on an application by the holder of the Cash Payment Order it is countersigned and revalidated for payment by the Collector.(11)Advice List of Cancelled Cash Payment Orders, Form LCN (13). - When the Collector of the district returns any undelivered Bonds to the Public Debt Office, Patna on expiry of three years, under sub-rule (7) he shall at the same time, cancel the corresponding Cash Payment Orders, if any lying undelivered with him and return them after cancellation to the Collector of the area concerned after filling in Column 18 of the Register in Form LCN (10) together with an Advice List in Form LCN (13) in duplicate. The Collector under the Act of the area concerned shall file such orders with the relevant case records after making a note to this effect in the remarks column of the Register in Form LCN (7) and shall then maintain one copy of the Advice List in a Guard File and return the other copy to the Collector with an acknowledgement of receipt. On receipt of such acknowledgement, the Collector will fill in Column 19 and put his signature in Column 20 of his Register in Form LCN (10).(12)Issue of fresh Cash Payment Order in the event of loss, destruction or mutilation of the original. - In cases of loss, destruction or mutilation of the original cash payment order, the holder may apply to Collector for issue until after the expiry of six months from the date of issue of the original order and also until after a non-payment certificate has been obtained from the Treasury Office. The Collector shall note the fact of issue of a Fresh Cash Payment Order in the remarks column of the Register in Form LCN (5) under his dated signature.(13)Date of issue of Bonds - The date of issue of the Bonds by the Public Debt Office, Patna mentioned in the Bonds, shall be taken as the date of issue for payment of instalments and for crediting the value of the bonds to ["N-Public Debt, etc."] [See now new Head of Account.] by contra-debit to appropriate head, on the basis of monthly returns showing the date wise issue of bonds received by the Accountant-General, Bihar from the Public Debt Office, Patna during a month. The Revenue Department (Land Reforms Ceiling Section) will send by the 10th day of the month following the month to which the statement relates, through the Finance-Department to the Accountant-General, Bihar a consolidated date wise statement of Bonds issued by the Reserve Bank of India on receipt of information from the Public Debt Office during a month to ensure correct adjustment of the value of Bonds in Government accounts.(14)Actual delivery of Bond. - The Collector shall furnish in Form LCN (21) to Government in the Revenue Department (Land Reforms Ceiling 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 Collector 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 the Finance Department and a copy thereof will be sent simultaneously to the Accountant-General Bihar.
