Section 615 in The Orissa Estates Abolition Rules, 1952
615. Manner of calculating approximate amount of compensation payable under Section 38 (2) of the Act. - The Collector shall then arrange to get gross asset of each estate calculated in accordance with the principle laid down in Rule 14 of the Estate Abolition Rules.
He shall make a rough estimate of the annual rents payable to the Intermediary in respect of any land and buildings used primarily as Officers of Cutcheries for collection of rent or rest-houses for estate servants on duty or golas used primarily for storing rent in kind under Clause (b) of Sub-Section (2) of Section 26 in accordance with the principles laid down in Rule 14 of the Estates Abolition Rules even though the rents thereof may not have been actually determined.(b)The Collector shall prepare an estimate of the approximate amount of compensation as far as possible, having due regard to the principles laid down in Rules 15 and 16 of the Estates Abolition Rules.(c)(i)The Collector shall prepare an estimate of the net income of such Intermediary from mines and mineral comprised in such estate, in the manner specified in Rules, 17, 18 and 19 of the Estates Abolition Rules.(ii)For purposes of calculation on interim compensation in Form No. OTC 64 prescribed for Compensation on Assessment Roll may be used but no deduction need be made under Sub-sections (3) and (4) of Section 28 of the Act and the figures in column 7 of the said Form shall be treated as nil. The estimated amount of compensation payable to the Intermediary shall be arrived at by adding the estimate of the approximate amount of compensation payable for mines and minerals to the estimate of the approximate amount of compensation payable in respect of other assets less the amount recoverable under Clause (d) of Section 5 of the Act.Note - In calculating the estimated amount of compensation case should be taken to see that incomes are not over-assessed and expenditures are not under-assessed so as to result in over payment.(d)The interim compensation shall be equal to one-thirtieth of the total compensation estimated under Sub-clause (ii) of Clause (c).(e)the Collector shall withhold the payment of such interim compensation-(i)where there is a dispute about the interest of such Intermediary in an estate or part of an estate or in respect of the right of such Intermediary to receive compensation until such time as the dispute is decided upon by a competent authority; and(ii)where attachment order has been served on the State Government by a competent Court or authority attaching such compensation.
