section 37
Manner of payment of compensation
The Odisha Estates Abolition Act, 1951(1) After final publication of the Compensation Assessment –roll under section 33 the Compensation Officer shall proceed to make payment, in the manner provided in this section, to the Intermediary and other person or persons who are shown in such Compensation Assessment-roll to be entitled to compensation, of the compensation payable them in terms of the said roll after deducting from the amount of any compensation so payable any amount which has been ordered by Collector under clause (b), (d) or (k) of section 5 to be so deducted. Provided that where compensation is payable by way of the perpetual annuity under section 4 or clause (2) of section 28 the deduction under anyone or more of the aforesaid clauses of section 5 shall not together exceed twenty-five per centum of such annuity. Provided further that in case where the amount due under the said clauses of section 5 cannot be fully recovered within a period of thirty years from the date of vesting by making deduction at the maximum rate as provided in the preceding proviso, the Compensation Officer shall refer the case to the Board of Revenue, which may fix a higher rate of deduction not exceeding fifty percentum of the annuity and in so affixing the Board shall, where the annuity relates to any estate held under a trust or other legal obligation referred to in clause (2) of section 28, have due regard to the obligatory expenditure to be met by such trust or under such legal obligation. (2) The amount of compensation so payable in terms of a Compensation Assessment -roll as finally published shall be paid as hereinafter provided to the person or persons entitled thereto according to the said roll and in case of death of person or persons so entitled before the compensation is received by him or them to his or their legal representatives. (3) The amount of compensation to which an Intermediary shall be entitled under sub-section (1) shall carry interest at two and a half per centum per annum and the compensation together with the interest shall be payable on and from the date of vesting in thirty annual equated instalments : Provided that it shall be competent for the State Government to make full payment of the compensation outstanding at any period prior to this completion of the period of thirty years specified above. (3-A) (a) As soon as may be after the final publication of the Compensation Assessment-roll the Compensation Officer shall in respect of every person entitled to payment according to the said roll issue notice on the prescribed form and manner calling upon such person to take steps for receiving payment. (b) Notwithstanding the issue of such notice, nothing in clause (a) shall be deemed to authorize payment contrary to the directions contained in any judgment, decree or order of a Court or other authority. (3-B) The amount of compensation coverd by a notice under sub-section (3-A) which has been withheld from payment in pursuance of any judgment, decree or order of a Court or other authority, or which for any reason whatsoever remains unpaid, shall, as soon as may be after the date of expiry of the prescribed period commencing next after the due date or dates of payment specified in such notice, be deposited as revenue deposit. (3-C) Notwithstanding anything to the contrary in sub-section (3) the amount to be deposited under sub-section (3-B) shall not carry any intrest from the date of expiry of the period prescribed under the said sub-section (5) If the estate in respect of which the compensation is payable is held by a limited owner or the holder of a life interest the Compensation Officer shall keep the amount of compensation in deposit with the Collector of district and the Collector shall direct the payment of the interest accruing on the amount of compensation to the limited owner or the holder of the life interest during his life-time. Such amount shall remain deposited with Collector until the compensation money or portion thereof after making payments, 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.
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