Section 13 in The Orissa Estates Abolition Rules, 1952
13. Mode of preparation of the compensation Assessment Roll (Section 23).
- [(1) When an estate is vested by issue of notification under Section 3] [Added by the Revenue Department Notification No. 1865-EA-R-dated 8.1.1964.] the compensation Officer shall issue to each Intermediary a notice in Form D calling upon him to file a return furnishing the particulars and information on the points specified in the said notice in respect of his estate within a Period not exceeding one month from the date of service of such notice or such further time as the Compensation Officer may allow. When an estate is held jointly by two or more shareholders the notice in Form D shall be issued to each such share-holder.[(1-a) When the Intermediary interests of all Intermediaries or a class or classes of Intermediaries are vested by issue of a notification under Section 3-A and on the expiry of the period prescribed in Section 3-B (2), the Compensation Officer shall cause a notice in Form D to be published in every village to which notification relates calling upon all the Intermediaries generally whose interests are affected to furnish information on the points specified in the said notice within one month from the date of service of such notice :Provided that where a village is uninhabited the notice as aforesaid shall be served in the nearest inhabited village.] [Added by the Revenue Department Notification No. 1865-EA-R-dated 8.1.1964.]Provided further that the Compensation Officer may extend the time limit in case of any Intermediary, if he is satisfied that it will not be reasonably practicable for him to furnish the information within one month.(1-b) The notice under Sub-rule (1-a) shall be served by proclamation in the village and by posting a copy of it to some conspicuous place in the village.(1-c) After expiry of the period specified in Sub-rule 1 or (1-a), as the case may be, the Compensation Officer shall Proceed to fix the compensation on the basis of materials, if any, furnished by the Intermediary and such materials as may otherwise be ascertained by him](2)The net income in respect of an estate of an Intermediary shall be calculated in Form E :[Provided that if at the time of the calculation of the net income or at any time thereafter the amount of rent payable for the previous agricultural year be altered in pursuance of any proceedings in appeal or revision in any Court or Tribunal the amount of rent so altered shall be taken into consideration and the net income of the estate shall be accordingly determined or revised as the case may be.] [Added by the Revenue Department Notification No. 68-EA-R dated 20.1.1953.](3)(a)The Compensation Officer shall prepare the Compensation Assessment Roll in Form F for each estate, showing separately the amount of gross asset total liabilities, the net income, the compensation due on the entire estate as well as to each of the share-holders, if the estate is hold jointly by two or more share-holders the amount as may be determined by the Compensation Officer for payment to creditors and maintenance-holders it any from the compensation payable to each share-holder and the net amount of compensation payable to each such Intermediary.(b)If the Estate lies within the jurisdiction of more than one Compensation Officer, the Compensation Officer of the district on the revenue roll of which the estate is borne shall calculate the net income and prepare the Compensation Assessment Roll.(c)The amount to be recovered from the compensation payable to each Intermediary towards the value of the benefit enjoyed by each by alienating sairat interest as may be determined under Clause (k) of Section 5 of the Act and the amount to be recovered from each towards arrears of revenue and cess and all other dues of the State Government ordered to be recovered Under Clause (d) of Section 5 of the Act, any amount received by the Intermediary or other shareholders as interim compensation and the interest payable on [......] [Omitted vide Revenue Department Notification No. 10767-EA-R/9.4.1958.] the compensation payable to the Intermediary or other share-holders shall be entered in the said roll by the Compensation Officer before final payment.(d)The amount of interest payable shall be entered in the said Roll after a date is fixed for issue of payment order.(4)The Compensation Officer shall give reasonable opportunity to the Intermediary and other persons concerned to be heard and to place before him evidence before initializing the Roll. He shall record a brief summary of the evidence and record his finding.
