Bare Acts

PART V Payment


31. Payment of compensation or deposit of same in Court. - (1) On making an award under
section 11, the Collector shall tender payment of the compensation awarded by him to the
persons interested entitled thereto according to the award and shall pay it to them unless
prevented by some one or more of the contingencies mentioned in the next sub-section.
(2) If they shall not consent to receive it, or if there be no person competent to alienate the land,
or if there be any dispute as to the title to receive the compensation or as to the apportionment of
it, the Collector shall deposit the amount of the compensation in the Court to which a reference
under section 18 would be submitted:
Provided that any person admitted to be interested may receive such payment under protest as to
the sufficiency of the amount:
Provided also that no person who has received the amount otherwise than under protest shall be
entitled to make any application under section 18:
Provided also that nothing herein contained shall affect the liability of any person, who may
receive the whole or any part of any compensation awarded under this Act, to pay the same to
the person lawfully entitled thereto.
(3) Notwithstanding anything in this section the Collector may, with the sanction of the
[appropriate Government] instead of awarding a money compensation in respect of any land,
make any arrangement with a person having a limited interest in such land, either by the grant of
other lands in exchange, the remission of land-revenue on other lands held under the same title,
or in such other way as may be equitable having regard to the interests of the parties concerned.
(4) Nothing in the last foregoing sub-section shall be construed to interfere with or limit the
power of the Collector to enter into any arrangement with any person interested in the land and
competent to contract in respect thereof.
32. Investment of money deposited in respect of lands belonging to person incompetent to
alternate. - (1) If any money shall be deposited in Court under sub-section (2) of the last
preceding section and it appears that the land in respect whereof the same was awarded belonged
to any person who had no power to alienate the same, the Court shall-
(a) order the money to be invested in the purchase of other lands to be held under the like title
and conditions of ownership as the land in respect of which such money shall have been
deposited was held, or
(b) if such purchase cannot be effected forthwith, then in such Government of other approved
securities as the Court shall think fit;
and shall direct the payment of the interest or other proceeds arising from such investment to the
person or persons who would for the time being have been entitled to the possession of the said
land, and such moneys shall remain so deposited and invested until the same be applied-
(i) in the purchase of such other lands as aforesaid; or
(ii) in payment to any person or persons becoming absolutely entitled thereto.
(2) In all cases of money deposited to which this section applies the Court shall order the costs of
the following matters, including therein all reasonable charge and expenses incident thereon, to
be paid by the Collector, namely: -
(a) the costs of such investments as aforesaid;
(b) the costs of the orders for the payment of the interest or other proceeds of the securities upon
which such moneys are for the time being invested, and for the payment out of Court of the
principal of such moneys, and of all proceedings relating thereto, except such as may be
occasioned by litigation between adverse claimants.
33. Investment of money deposited in other cases. - When any money shall have been deposited
in Court under this Act for any cause other than mentioned in the last proceeding section, the
court may, on the application of any party interested or claiming an interest in such money, order
the same to be invested in such Government or other approved securities as it may think proper,
and paid in such manner as it may consider will give the parties interested therein the same
benefit the reform as they might have had from the land in respect whereof such money shall
have been deposited or as near thereto as may be.
34. Payment of interest - When the amount of such compensation is not paid or deposited on or
before taking possession of the land, the Collector shall pay the amount awarded with interest
thereon at the rate of [nine per centum] per annum from the time of so taking possession until it
shall have been so paid or deposited:
[Provided that if such compensation or any part thereof is not paid or deposited within a period
of one year from the date on which possession is taken, interest at the rate of fifteen per centum
per annum shall be payable from the date or expiry of the said period of one year on the amount
of compensation or part thereof which has not been paid or deposited before the date of such
expiry.]

 

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