Section 50 in Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948
50. Interim payments to principal landholder and others.
(1)The provisions of this section shall apply in every case not governed by section 38.(2)After the notified date and before the compensation has been determined by the Director under Section 39 and deposited under Section 41 interim payments shall be made by the Government every fasli year, to the principal landholder and to the other persons referred to in section 44, sub-section (1), as follows:(3)In respect of the fasli year in which the estate is notified, they shall together be entitled to such amount as the Government may, on a rough calculation, determine to be the basic annual sum referred to in section 26, if the deposit in pursuance of Section 54-A has not been already made,and to an amount equal to one-half of the basic annual sum as so calculated, if the deposit aforesaid has been already made:Provided that, in either case, the Government shall be entitled to deduct -(i)the rents if any, collected before the notified date by the landholder from the ryots in respect of the fasli year aforesaid and any amount collected by him from the ryots in excess of the rents determined under the A.P. (Andhra Area) Estates Land (Reduction of Rent) Act, 1947 (Act XXX of 1947) and outstanding to the credit of the ryots on the first day of that fasli year; and(ii)the peshkash,jodi, quit-rent or other amounts of like nature and cesses due to the Government from the landholder:Provided further that such deductions were not already made in pursuance of Section 54-A or Section 55.Explanation. - Any amount collected by the Government on behalf of the landholder as rent from the ryots in excess of the rent determined under the A.P. (Andhra Area) Estates Land (Reduction of Rent) Act, 1947 (Act XXX of 1947), and paid to the landholder shall, for the purpose of this sub-section, be deemed to be an amount collected by the landholder.(4)In respect of each subsequent fasli year, they shall together be entitled to the amount estimated under sub-section (3) to be the one half of the basic annual sum, unless data for the better calculation thereof have since become available, in which case the amount to be paid shall be revised by the Government with reference to such data and the excess or deficiency in respect of the amounts already deposited for the previous fasli or faslis shall either be adjusted towards the interim payments due for that fasli or subsequent faslis, or deposited in addition, as the case may be:Provided that in cases where the compensation as determined by the Director under Section 39 for the estate is not paid in one lumpusm, but in instalments, the amount payable under this sub-section every year after the first instalment of compensation has been paid, shall be reduced in proportion to the compensation amount outstanding in that year;Provided further, that if for any reason the whole or any portion of the rents, the excess collections and the cesses and other amounts referred to in the proviso to sub-section (3) was not deducted in pursuance of that proviso, the amount remaining undeducted shall be deducted from the amount payable under this sub-section.(4-A) If the amount deposited under Section 54-A is, on subsequent calculation either because data for better calculation have since become available or because of mistake in the method of calculation adopted before the deposit was made under that section, found to be in excess of the amount that should properly have been deposited, such excess shall also be deducted out of the amounts to be deposited under sub-section (3) or sub-section (4)(5)The Government shall deposit all such amounts in the office of the Tribunal and the Tribunal shall, after such inquiry, if any, as it thinks fit, apportion the amounts among the principal landholder and the other persons referred to in sub-section (2), as far as possible in accordance with the value of their respective interests.(6)On the making of such a deposit, the Government shall be deemed to have been completely discharged in respect of all claims to, or enforceable against the amount so deposited.(7)After the compensation has been finally determined, the Government shall ascertain, in the manner specified below, the aggregrate interim payment due in respect of the estate as follows:-(a)In respect of the fasli year in which the estate is notified, the basic annual sum as finally determined under Section 39 after deducting therefrom an amount bearing to the basic annual sum the same proportion as the amount of the advance compensation referred to in Section 54-A bears to the compensation as finally determined under Section 39, in case the deposit in pursuance of Section 54-A is made in the fasli year in which the estate is notified.(b)In respect of each of the subsequent fasli years, the basic annual sum as finally determined under Section 39, after deducting therefrom an amount bearing to the basic annual sum the same proportion as the amount of the advance compensation referred to in Section 54-A together with any further instalment or instalments of compensation deposited up to the end of the fasli year concerned bears to the compensation as finally determined under Section 39. If the aggregate interim payment thus determined less the deductions already made under sub-sections (3) and (4) exceeds, or is less than, aggregate of the amounts already deposited under sub-section (5), the balance with interest thereon at three per cent per annum shall be deposited by the Govt., with the Tribunal after deducting the amounts of the nature specified in the proviso to sub-section (3) and still due to the Government, or, as the case may be, the amount of deficiency shall be intimated by the Government to the Tribunal.Explanation. - Any amount collected by the Government on behalf of the landholder as rent from the ryots in excess of the rent determined under the A.P. (Andhra Area) Estates Land (Reduction of Rent) Act, 1947 (Act XXX of 1947), and paid to the landholder shall, for the purpose of this sub-section, be deemed to be an amount collected by the landholder.(8)No interim payment made under this section shall be deemed to constitute any part of the compensation which the Government are liable to deposit under Section 41, sub-section (1), or to any extent to be in lieu of such compensation.(9)The Tribunal shall revise the apportionment of the interim payments with reference to the aggregate interim payments as finally determined by the Government under sub-section (7) on the basis that each of the persons entitled to receive any portion of the interim payments shall be entitled separately to the same share of the said aggregate interim payments as the share of the compensation to which he is finally held to be entitled under Section 44 . Any excess payment disclosed by such revision which has not already been deducted under the first proviso to sub-section (1) of Section 41 shall be deducted by the Tribunal, with interest thereon at three per cent per annum, from the compensation payable to the person concerned.(10)Where the notification issued under sub-section (4) of Section 1 in respect of an estate is cancelled under subsection (5) of that section and the said estate is re-notified under sub-section (4) of that section, the amount of interim payments for the estate or each of the estates as re-notified shall be calculated afresh and the amount, if any, deposited in respect of the estate as originally notified prior to its re-notification shall be adjusted towards the estate or each of the estates as so re-notified, either wholly or in proportion to their respective basic annual sums, as the case may be, and all such adjustments shall be deemed to have been made on the dates on which the respective amounts were actually deposited with the Tribunal and the additional amount, if any, that becomes payable to any person towards interim payments owing to such fresh calculation shall be paid to him in accordance with the provisions of this Act.(11)Notwithstanding the fact that subsequent to the determination of the compensation by the Director under Section 39 or the expiry of the period, in which the compensation is payable in instalments, the basic annual sum or the total compensation or both, have been altered owing to re-calculation thereof in pursuance of an order, decree or judgment of any authority or Court or owing to re-determination thereof as a consequence of the re-notification of the estate under sub-section (4) of Section 1, after the original notification issued in respect thereof under that sub-section has been cancelled under sub-section (5) of section 1, and notwithstanding anything in this section, it shall not be necessary to make interim payments under this section(i)in the case of an estate where compensation is payable in one lumpsum from the fasli year in which the Director would have determined the compensation under Section 39 but for the re-calculation or re-determination as aforesaid; and(ii)in any other case, from the fasli year in which the last instalment of the compensation would have fallen due but for the re-calculation or re-determination as aforesaid.(12)Notwithstanding anything contained in sub-sections (1) to (11), where, after the Government have deposited the compensation, as originally determined by the Director under Section 39, the basic annual sum, or the total compensation, or both, have been altered owing to determination thereof by the Director in pursuance of(a)an order or decision passed or given by the Board in appeal or in revision, or(b)an order passed by a court in any proceedings, after setting aside or modifying the order of determination passed under Section 39 and remanding the case to him with a direction to determine afresh the basic annual sum or compensation, it shall not be necessary to make interim payments under this section,(i)in the case of an estate where compensation is payable in one lumpsum, from the fasli year in which the Director had originally determined the compensation under Section 39; and(ii)in any other case, from the fasli year to which the last instalment of the compensation would have fallen due but for the determination afresh.(13)The provisions of this section shall have effect notwithstanding anything contained in any judgment, decree or order of any Court, Tribunal or other authority.
