Determination of annuity and compensation

(1) The compensation officer shall, by order in writing, determine in respect of each Thiruppuholder the annuity payable under section 4 or, as the case may be, the compensation payable under section 6. (2) Any Thiruppuholder or other person interested may, within such time as may be prescribed or such further time as the compensation officer may, in his discretion allow, apply in writing to that officer for a copy of the data on the basis of which he proposes to determine the annuity or compensation payable. (3) On receipt of an application under sub-section (2), the compensation officer shall furnish the data aforesaid to the applicant, and he shall also, before passing any order under sub-section (1), give the applicant a reasonable opportunity of making his representations in regard thereto, in writing or orally. (4) A copy of every order passed under sub-section (1) shall be communicated to the Thiruppuholder and to every applicant under sub-section (2). (5) The compensation officer may at any time either of his own motion or on the application of any person, review an order passed by him under sub-section (1) on any one or more of the following grounds, namely:— (a) that the said order is vitiated by any clerical or arithmetical mistake or error apparent on the face of the record; or (b) that subsequent to the passing of the said order, data for the better calculation of the annuity or compensation have become available; or (c) that the said order requires to be modified in pursuance of the final order of any competent authority or court: Provided that the compensation officer shall not exercise the powers under this sub-section without giving the Thiruppuholder concerned and every applicant under this sub-section or sub-section (2), a reasonable opportunity of being heard. (6) A copy of every order passed under sub-section (5) shall be communicated to the Board of Revenue and also to the Thiruppuholder concerned and to every applicant under sub-section (2) or sub-section (5). (7) Any person aggrieved by an order of the compensation officer under sub-section (1) or sub-section (5) may, within thirty days from the date of the order, prefer an appeal to the District Collector and the District Collector shall, after giving the appellant and the Thiruppuholder where he is not the appellant a reasonable opportunity of being heard and after making such further enquiry as may be prescribed, pass such order on the appeal as he thinks fit. (8) The Board of Revenue may, either of its own motion or on application by any person aggrieved by an order passed by the District Collector under sub-section (7), call for and examine the record of any proceeding in which such order has been passed for the purpose of satisfying itself as to the legality, regularity or propriety of such order or proceeding and pass such order thereon as it thinks fit: Provided that the annuity or the compensation, as the case may be, payable to a Thiruppuholder shall not be altered by the Board of Revenue without giving him and every person who has made an application under this sub-section or sub-section (2), a reasonable opportunity of being heard. (9) The Board of Revenue shall not of its own motion call for and examine the record of any proceeding under sub-section (8) if the order to which the proceeding relates has been made more than one year previously. (10) In the case of an application under sub-section (8) by any person aggrieved, the application shall be made within thirty days of the date of the order in question. (11) The Board of Revenue may, on application made to it by the compensation officer or by any other person in that behalf, review any order passed by it under sub-section (8), if it is of the opinion that the said order is vitiated by an error in the decision on a point of law or by a mistake and may make such order on the application as it thinks fit: Provided that no application for review shall be granted by the Board of Revenue without previous notice to the Thiruppuholder and to the applicant, to enable them to appear and be heard in support of the order, a review of which is applied for. (12) No order passed by the compensation officer under sub-section (1) or sub-section (5) shall be liable to be cancelled or modified except by the District Collector or the Board of Revenue as aforesaid.