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State of Odisha - Section

Section 13A in The Orissa Land Reforms (General) Rules, 1965

13A. [ Procedure for payment of compensation under Sub-section 2 of Section 9. [Inserted by Notification No. 58432-Re-144/75 (Pt)R-D.30.7.1975.]

(1)
(a)When the raiyat or tenant referred to in Sub-section (2) of Section 9 offers or tenders 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 raiyat or the tenant is unable to obtain a joint receipt from such co-sharers for the money and no person has been authorised to receive the compensation on their behalf or grant receipt; or
(c)When the raiyat or the tenant entertains bona fide doubt as to the right person or persons entitled to receive the compensation, the raiyat or the tenant may apply to the Revenue Officer in writing for permission to deposit in the Court, the full amount of the compensation payable to the person or persons entitled thereto and obtain orders therefor.
(2)The application under Sub-rule (1) shall bear court fees and process fees as prescribed in Schedule I and among other things shall contain the following particulars, viz -
(i)the name or names of the persons to whose credit the deposit in made, and
(ii)in case of co-sharers, the names of such co-sharers to whom the compensation is due or so many of them as the raiyat or the tenant may be able to specify.
(3)The application shall be signed by the raiyat or the tenant and duly verified in the manner laid down in the Code of Civil Procedure, 1908 for the verification of pleadings.
(4)If it appears to the Revenue Officer that the facts stated in the 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. 23.
(5)The receipt so granted shall operate as an acquittance for the amount of compensation payable by the raiyat or the tenant in the same manner and to the same extent, as if that amount of compensation had been received to the full satisfaction.
(6)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 from the date of receipt of the said notice for receiving the payment.
(7)
(a)The Revenue Officer shall pay the amount under deposit to the person or persons entitled to the same if her or they appear before them either in person or through authorised representative within the aforesaid date.
(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 the 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 fact of deposit to the person or persons entitled to the same.
(8)The amount under Court deposit or revenue deposit shall not carry any interest. The amount under revenue deposit shall lapse to Government after the 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 the refund of lapsed deposits as laid down in the Orissa Treasury Code shall apply.]