Section 11 in The Orissa Land Reforms (General) Rules, 1965
11. Payment under Sub-section (7) of Section 4.
(1)The payment envisaged under Sub-section (7) of Section 4 shall be made by the subtenant or under raiyat, [or his successor-in-interest] [Substituted by Notification No.10100-Re-187/79-R-D.11.2.1980.], as the case may be in person or through an authorised agent to the landlord or his authorised agent.(2)The person making payment under sub-rule(1) shall be entitled to a receipt for such payment.(3)The payment may at the option of the sub-tenant or under-raiyat [or his successor-in-interest] [Substituted by Notification No.10100-Re-187/79-R-D.11.2.1980.] as the case may be, be made through Postal Money Order at his cost and in such an event, the Money-Order acknowledgement receipt shall be treated as the receipt for payment.(4)[ (a) When a recorded sub-tenant or under-raiyat] [Inserted by Notification No.42688-Re-157/76-R-D.8.6.1976.] [or his successor-in-interest] [Substituted by Notification No.10100-Re-187/79-R-D.11.2.1980.] offers or tendered money on account of compensation and the person entitled to compensation refuses to receive it or refuses to grant a receipt for it, or(b)When the compensation is payable to co-sharers jointly and the recorded sub-tenant or under-raiyat [or his successor-in-interest] [Substituted by Notification No.10100-Re-187/79-R-D.11.2.1980.] is unable to obtain a joint receipt from the co-sharers for the money and no person has been authorised to receive the compensation on their behalf and grant receipt, or(c)[ When the recorded sub-tenant or under-raiyat [or his successor-in-interest] [Inserted vide O.G.E.No. 162, Notification No. 10100-Re-l-87/79-R, dated 11.2.1980.] entertains a bona fide doubt as to the right person or persons entitled to receive the compensation, the recorded sub-tenant or under raiyat or his successor-in-interest as the case may be, may apply to the Revenue Officer in writing before expiry of the period specified in Sub-section (7) of Section 4 of the Act for permission to deposit in the Court, the full amount or instalment amount of compensation payable to the person or persons entitled thereto and obtain orders therefor].(5)The application under Sub-rule (4) shall bear court fees and process fees as prescribed in Schedule-I and among other things shall contain the following particulars, namely :(a)in case of Sub-rule (4)(a) the names of the persons to whose credit the deposit is to be made;(b)in case of Sub-rule (4)(b) the names of the co-sharers to whom the compensation is due or so any of them as the sub-tenant or under raiyat [or his successor-in-interest] [Inserted by O.G.E.No. 937, Notification No. 42688-Re-i57/76-R-D.8.6.1976.] may be able to specify;(c)in case of Sub-rule (4)(c) the names of the co-sharers to whom the compensation is payable as per order of the Revenue Officer.(6)The application shall be signed by the recorded sub-tenant or under-raiyat [or his successor-in-interest] [Inserted by O.G.E.No. 937, Notification No. 42688-Re-157/76-R-D.8.6.1976.]and duly verified in the manner laid down in the Code of Civil Procedure, 5 of 1908 for the verification of pleadings.(7)if it appears to the Revenue Officer that the facts stated in application are correct and the applicant is entitled to deposit the compensation money, he shall receive the same and grant a receipt for it in Form No. 15.(8)The receipt so granted shall operate as an acquittance for the amount of the compensation payable by the recorded sub-tenant or under-raiyat, [or his successor-in-interest] [Inserted by O.G.E.No. 937, Notification No. 42688-Re-157/76-R-D.8.6.1976.] in the same manner and to the same extent as if, that amount of compensation had been received to the full satisfaction and in compliance with the order of the Revenue Officer.(9)The Revenue Officer receiving the deposit shall forthwith cause a notice of its receipt to be served on the person or persons specified in the application, giving sixty days time for receiving the payment.(10)(a)The Revenue Officer shall pay the amount under deposit to the person or persons entitled to the same if he or they appear before him either in person or through authorised representative within sixty days from the date of issue of the notice.(b)If the person or persons entitled to the same do not appear before him to receive the payment, the amount under deposit shall be kept under revenue deposit after expiry of the said period in the manner prescribed in subsidiary Rule 424 contained in Part II of the Orissa Treasury Code and simultaneously intimate the facts of deposit to the persons entitled to the same.(11)The amount under Court deposit or under revenue deposit shall not carry interest.(12)The amount under revenue deposit shall lapse to Government after expiry of the period prescribed in Rule 436 of the Orissa Treasury Code and in case the payee or payees want refund of the amount, the procedure with regard to refund of the lapse deposit as laid down in the Orissa Treasury Code shall apply.(13)[(a) If a recorded sub-tenant or under-raiyat or his successor-in-interest defaults in making payment of compensation in pursuance of the orders of the Revenue Officer under Sub-section (6) of Section 4, the person immediately under whom such recorded sub-tenant or under-raiyat or his successor in interest was holding the land may make an application to the Revenue Officer within six months from the date on which the payment falls due to recover the compensation or any portion thereof which remains unpaid as an arrear of land revenue.(b)The application shall bear court-fees, and process fees as prescribed in Schedule I.(14)On receipt of the application the Revenue Officer shall initiate proceedings and after making such enquiries, as he deems necessary, he may take action for re-covering the compensation of the unpaid portion thereof as an arrear of land revenue :Provided that the Revenue Officer shall given reasonable opportunity to the sub-tenant or the under-raiyat or his successor-in-interest, as the case may be, to pay the same before proceeding to recover it as an arrear of land revenue.] [Inserted by Notification No. 42688-Re-157/76-R-D.8.6.1976.]
