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State of Madhya Pradesh - Section

Section 35 in M.P. Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950

35. Payment of Compensation.

(1)If in any case the decision of the Compensation Officer in regard to the amount of compensation payable to a proprietor is modified in appeal, after the disposal of such appeal and in any other case after the time for appeal is over, such officer shall forward to the [Collector] [Substituted by M.P.A.L.O. (Second Amendment), 1957.] to whom he is subordinate or if any proceedings for determination of debt have been started under Chapter IV, to the Collector of the district where such proceedings are continuing, all papers of the enquiry together with the statement showing the final amount of compensation payable to the proprietor.
(2)The Collector shall then ascertain if any proceeding for the determination of debt is pending against the proprietor before the Claims Officer and, if so shall await his decision.
(3)After the amount of compensation payable to a proprietor is decided upon and the debt owed by him, if any, determined, the Collector shall make payment of compensation to the creditors in accordance with the orders of the Claims Officer and if there is any amount left unpaid, he shall pay it to the proprietor entitled thereto.
(4)Where the person entitled to receive the compensation is a waqf, trust or endowment or a minor or a person suffering from legal disability, the compensation may, subject to any general directions that the State Government may give, be deposited, for and on behalf of the person, with such authority or bank as may be prescribed.
(5)If the proprietary rights in respect of which the compensation is payable are held by a limited owner or the holder of a life interest, the Collector shall keep the amount of compensation in deposit and shall direct the payment of the interest accruing from the amount of compensation to the limited owner or the holder of the life interest during his lifetime. Such amount shall remain deposited with the Collector until the compensation money or portion thereof after making payment, if any under the proviso to this sub-section is made over to any person or persons becoming absolutely entitled thereto :Provided that nothing in this sub-section shall be deemed to affect the right of any limited owner or the holder of a life interest to apply to the District Judge for the payment of a part of the compensation money to defray any expenses which may be necessary to meet any legal necessity.
(6)If any person entitled to a payment out of the compensation amount, refuses to accept such payment, the [Collector] [Substituted by M.P.A.L.O. (Second Amendment), 1957.] shall keep the amount in revenue deposit.
(7)The payment of compensation under this Act to the creditors of a proprietor or to the proprietor in accordance with the prescribed manner shall be a full discharge of the State Government from all liability to pay compensation for the divesting of proprietary rights, but shall not prejudice any rights in respect of the said rights to which any other person may be entitled by due process of law to enforce against the person to whom compensation has been paid to as aforesaid.