Chapter VI COMMISSIONER OF PAYMENTS

Commissioner of Payments.-(1) For the purpose of disbursing the amounts payable to the club under this Act, the Government shall appoint a Commissioner of Payments.

1. (2) The Government may appoint such other persons as they may think fit to assist the Commissioner and thereupon the Commissioner may authorise one or more of such persons also to exercise all or any of the powers exercisable by him under this Act and different persons may be authorised to exercise different powers.
2. (3) Any person authorised by the Commissioner to exercise any of the powers exercisable by the Commissioner may exercise those powers in the same manner and with the same effect as if they have been conferred on that person directly by this Act and not by way of authorisation.
3. (4) The salaries and allowances of the Commissioner and other persons appointed under this section shall be defrayed out of the Consolidated Fund of the State.

Payment by the Government to the Commissioner.—(1) The Government shall, within thirty days from the specified date, pay, in cash, to the Commissioner, for payment to the club an amount equal to the amount determined under section 8.

1. (2) A deposit account shall be opened by the Government in favour of the Commissioner, in the Public Account of the State, and every amount paid under this Act to the Commissioner shall be deposited by him to the credit of the said deposit account and the said deposit account shall be operated by the Commissioner.
2. (3) Records shall be maintained by the Commissioner in respect of the undertaking of the club in relation to which payment has been made to him under this Act.
3. (4) The interest accruing on the amount standing to the credit of the deposit account referred to in sub-section
4. (2) shall enure to the benefit of the club.

Certain powers of the Government or the Government company.—(1) The Government or the Government company, as the case may be, shall be entitled to receive up to the specified date, to the exclusion of all other persons, any money due to the club, in relation to its undertaking which has vested in the Government or such Government company, realised after the appointed day, notwithstanding that the realisation pertains to a period prior to the appointed day.

1. (2) The Government or the Government company, as the case may be, may make a claim to the Commissioner with regard to every payment made by the Government or Government company, after the appointed day, for discharging any liability of the club in relation to any period prior to the appointed day and every such claim shall have priority in accordance with the priorities attaching under this Act, to the matter in relation to which such liability has been discharged by the Government or the Government company.
2. (3) Save as otherwise provided in this Act, the liabilities of the club in relation to its undertaking in respect of any transaction prior to the appointed day, which have not been discharged on or before the specified date, shall be the liabilities of the club.

Claims to be made to the Commissioner.—Every person who has a claim against the club with regard to any of the matters specified in the Second Schedule pertaining to the undertaking shall prefer such claim before the Commissioner within thirty days from the specified date: Provided that if the Commissioner is satisfied that the claimant was prevented by sufficient cause from preferring the claim within the said period of thirty days, he may entertain the claim within a further period of thirty days, but not thereafter.

Priority of claims.—The claims made under section 17 shall have priorities in accordance with the following principles, namely:—

1. (a) Category I shall have precedence over all other categories and Category II shall have precedence over Category III and so on;
2. (b) the claims specified in each of the Categories shall rank equal and be paid in full, but, if the amount is insufficient to meet such claims, they shall abate in equal proportions and be paid accordingly; and
3. (c) the question of discharging any liability with regard to a matter specified in a lower category shall arise only if a surplus is left after meeting in full all the liabilities specified in the immediately higher Category.

Examination of claims.—(1) On receipt of the claims made under section 17, the Commissioner shall arrange the claims in the order of priorities specified in the Second Schedule and examine the same in accordance with such order of priorities.

1. (2) If, on examination of the claims, the Commissioner is of the opinion that the amount paid to him under this Act is not sufficient to meet the liabilities specified in any lower category, he shall not be bound to examine any claim in respect of such lower category.

Admission or rejection of claims.—(1) After examining the claims with reference to the priorities set out in the Second Schedule, the Commissioner shall fix a certain date on or before which every claimant shall file the proof of his claim.

1. (2) Not less than fourteen days notice of the date so fixed shall be given by advertisement in one issue of any daily newspaper in the English language having circulation in the major part of the State and one issue of any daily newspaper in the Tamil language having circulation in the major part of the State, and every such notice shall call upon the claimant to file the proof of his claim with the Commissioner within the date fixed by the Commissioner under sub-section
2. (1) and specified in the advertisement.
3. (3) Every claimant who fails to file the proof of his claim within the date fixed by the Commissioner under sub-section
4. (1) shall be excluded from the disbursement made by the Commissioner.
5. (4) The Commissioner shall, after such investigation as may, in his opinion, be necessary and after giving the club an opportunity of refuting the claim and after giving the claimant a reasonable opportunity of being heard, by order in writing, admit or reject the claim in whole or in part.
6. (5) The Commissioner shall have the power to regulate his own procedure in all matters arising out of the discharge of his functions, including the place or places at which he may hold his sittings and shall, for the purpose of making any investigation under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Central Act V of 1908), while trying a suit, in respect of the following matters, namely :—
   • (a) the summoning and enforcing the attendance of any witness and examining him on oath ;
   • (b) the discovery and production of any document or other material object producible as evidence ;
   • (c) the reception of evidence on affidavits ;
   • (d) the issuing of any commission for the examination of witnesses.
7. (6) Any investigation before the Commissioner shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (Central Act XLV of 1860) and the Commissioner shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
8. (7) A claimant who is dissatisfied with the decision of the Commissioner may prefer an appeal against such decision to the High Court :

Disbursement of money by the Commissioner Disbursement of money by the Commissioner.-After admitting a claim, under this Act, the amount due in respect of such claim shall be paid by the Commissioner to the person or persons to whom such amount is due and on such payment, the liability of the club in respect of such claim relating to the undertaking shall stand discharged.

Disbursement of amounts to the club.-(1) If, out of the monies paid to him in relation to the undertaking of the club, there is a balance left after meeting the liabilities as specified in the Second Schedule, the Commissioner shall disburse such balance to the club.

1. (2) Where the possession of any instrument, machinery or other property has vested in the Government or any Government company under this Act, but such instrument, machinery or other property does not belong to the club, it shall be lawful for the Government or, as the case may be, the Government company, to continue to possess such instrument, machinery or other property on the same terms and conditions under which they were possessed by the club, immediately before the appointed day.

Undisbursed or unclaimed amount to be deposited with general revenue account.-Any money paid to the Commissioner which remains undisbursed or unclaimed on the date immediately preceding the date on which the office of the Commissioner is finally wound up, shall be transferred by the Commissioner, before his office is finally wound up, to the general revenue account of the Government ; but a claim to any money so transferred may be preferred to the Government by the person entitled to such payment and shall be dealt with as if such transfer had not been made, and the order, if any, for payment of the claim being treated as an order for the refund of revenue.