Section 26 in Assam (Temporarily Settled Areas) Tenancy Act 1971
26. Procedure for payment of compensation.
(1)In all cases of acquisition under this Chapter, the Deputy Commissioner shall give notice to the landlord and all other persons having interests in the land and also fix a copy thereof in a conspicuous place of his office. He shall thereafter make an enquiry as prescribed, hear objections if any and then make an order determining the compensation payable for acquisition of ownership rights as also intermediary rights if any and apportion the same where necessary;(2)(a)If the acquisition be under Section 22, the Deputy Commissioner shall pay the amount as determined from the fund placed at his disposal within a period of 3 months, from the date of his passing orders under sub-section (1) above.(b)If the acquisition be under the provisions of Section 23, the Deputy Commissioner shall direct the occupancy tenant or under-tenant as the case may be to deposit the amount within a period of one month from the date of the order under sub-section (1) above and pay the compensation within a period of three months, from the date of the said order under sub-section (1).(3)In all cases of acquisition under Section 22, the occupancy tenant or under-tenant as the case may be, shall pay to the Government in 5 equated annual instalments the compensation as determined by the Deputy Commissioner, the first instalment payable being due on the expiry of 3 months from the date of his order.Where any instalment of compensation is not deposited in the Treasury within 30 days from the date of its becoming due, the Deputy Commissioner shall proceed to recover the instalments as if it were an arrear of land-revenue.(4)(a)In case of acquisition under Section 22, on deposit of the first instalment of compensation as assessed, the Deputy Commissioner shall issue to the erstwhile tenant a certificate of ownership right and also correct the revenue records.(b)In case of acquisition under Section 23, on deposit, of the compensation as assessed, the Deputy Commissioner shall issue to the erstwhile tenant a certificate of ownership right and also correct the revenue records.(5)In case of dispute as to the person or persons who are entitled to receive the amount of compensation money, the amount shall be kept in deposit in a Government Treasury and the dispute shall be referred to the Civil Court having jurisdiction and the amount shall then be paid in terms of the final decision of the Court.
