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[Cites 0, Cited by 0] [Section 41] [Entire Act]

State of Andhra Pradesh - Subsection

Section 41(1) in Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948

(1)The Government shall deposit in the office of the Tribunal, the compensation in respect of each estate as determined by the Director under Section 39 in such form and manner, and at such time or times and in one or more instalments, as may be prescribed by rules made under Section 40:Provided that the Government shall be entitled to deduct from the amount to be deposited
(a)the advance compensation referred to in sub-section (1) of Section 54-A.
(b)all moneys, if any, still remaining due to them
(i)in respect of peshkash, jodi, quit-rent or other amounts of like nature, and cesses; and
(ii)in respect of any claim which was secured immediately before the notified date by a mortgage of, or a charge on, the estate or any portion thereof;
(c)the rents, if any, collected before the notified date by the landholder from the ryots in respect of the fasli year in which the Estate is notified and any amount collected by him from the ryots in excess of the rent determined under the A.P. (Andhra Area) Estates Land (Reduction of Rent) Act, 1947 (Act XXX of 1947) and outstanding to the credit of the ryots on the first day of that fasli year, which rent or amounts cannot be adjusted by deduction under Section 50; and
(d)all interim payments deposited under sub-section (5) of section 50 in excess of the amounts finally found to be payable under that section, together with interest thereon as provided in sub-section (9) of the same section:
Provided further that where the total amount of the compensation payable in respect of any estate stands altered after the deposit referred to above has already been made, the Government may deposit the difference or withdraw the same from the deposit already made, or otherwise adjust the same in such manner and at such time or times as may be prescribed, and the provisions of Sections 42 to 49, and Sections 51 and 52 shall apply to the amount finally under deposit, and to this extent the Tribunal or the Special Tribunal, as the case may be, shall be competent to revise its orders, if any, already passed:Provided also that where the notification issued under sub- section (4) of Section 1 in respect of an estate is cancelled under sub-section (5) of that section and the said estate is renotified under sub-section (4) of that section, the amount, if any, deposited in respect of such estate prior to its re-notification shall be deemed to be the deposit made under this section, in respect of the estate or each of the estates as so re-notified and it shall be adjusted towards the estate or each of the estates as so re-notified, either wholly or in proportion to their respective basic annual sums, as the case may be, and that all such adjustments shall be deemed to have been made on the dates on which the respective amounts were actually deposited with the Tribunals.