34. [ Deduction under Section 4(c) or Section 4(cc) or Section 30A or Section 33(2). [Substituted by G.S.R., 44 dated 1.4.1974.]
- When any deduction from the amount of compensation is to be made on account of arrears of revenue and cesses or any other dues when so ordered by the Collector under clause (c) of Section 4 or excess rent or cess realised by the intermediary after the date of vesting under clause (cc) of Section 4 or ad-interim payment having been made in excess of 2 ½ per cent under subsection (2) of Section 33 the Collector shall by an order in writing state the amount to be deducted and direct the Compensation Officer to reduce the amount of compensation accordingly in the Compensation Assessment Roll and to indent for Bonds and/or to make payment in cash of only the balance left out of the amount of compensation after such deductions. Before the Bonds are indented for/or payment in cash is made the Compensation Officer shall in each case satisfy himself that the Government dues mentioned in the above paragraph have been adjusted against the amount of compensation and that there is no limited owner or holder of life interest, in whose favour a deposit has to be made with the Collector of the district under sub-section 4 of Section 32 and shall record a certificate to this effect on the Compensation Record. The Compensation Officer after making necessary enquiries, shall also endorse on the Compensation record a certificate to the effect that there is no holder of a temporary lease to whom compensation is payable under sub-section (2) of Section 24, that no compensation is payable to a secured creditor on account of claim determined under Chapter IV of the Act and that no deduction is to be made under sub-section (2) of Section 33 on account of ad interim payment.(2)Where on discovery of new interests under Section 30A(2) a fresh Compensation Assessment Roll is prepared, the amount of compensation in the fresh assessment roll shall be reduced by the amount that may have been paid to the intermediary on the basis of the previous assessment roll before the preparation of such fresh assessment roll. The Compensation Officer shall at the same time, submit to the Collector of the district a requisition for fresh Bonds and/or for revised amount of compensation payable in cash on the basis of the fresh assessment roll in place of the Bonds previously issued. The Bonds previously issued shall be withdrawn from the intermediary and sent to the Public Debt Office, Patna, through the Collector for cancellation alongwith the indent for fresh Bonds. The Compensation Officer shall also make payment of the revised amount of Compensation in cash according to the procedure laid down in sub-rule (2) of Rule 33. Necessary note regarding cancellation of the Bonds shall also be made in the Remarks column of the relevant registers. At the same time an intimation regarding cancellation of the Bonds shall be sent to the Treasury Office.(3)Any excess payment under the second proviso to Section 30-A shall be recoverable from the intermediary as a public demand.]
