Amendment status not verified — confirm the current text below against the official source.
Inserted by Assam Act, XV II of 1957. 13 Provided that where the amount of total cla-'m exceeds the compensation money, the creditors shall be paid proportionately in order of priority deter mined by him. (ii) The creditors whose debts are secured by mortgage or charge on the land acquired shall, within 60 days from the date of notification under section 8, prefer claim in writing before the Co llector who shall thereupon proceed with and dis pose of the claim. (iii) In case of dispute as to the person or persons who are entitled to be paid out of the com pensation money, the amount shall be kept in deposit in a Government Treasury and the dispute shall be referred to the Civil Court of competent jurisdiction and the amount shall then be paid in terms of final decision of the Court. Ad-Jnterim 14.(1) When the person to whom compensation paym ent of is payable prays for payments of compensation pending compensa- investigation and final determination of the amount of compensation an ad-interim payment or compensation, no t exceeding 25 p er cent of the probable compensa tion, may be made after a preliminary enquiry on the execution by the claimant of an indemnity bond > with one surety. (2) Such ad-interim compensation shall be dee- ,3 med to be pa rt of the compensation payable un der this Act and shall be deducted from and adjusted against it. CHAPTER III Disposal of excess land Disposal of 15- Subject to the provisions of this Act and excess land of this chapter in particular the excess land acqui red under Section 8 of this Act shall be at the disposal of the State Government. Th e m arn er 16,(1) If there is any cultivating tenant in of disposal of occupation of the land acquired from an owner excess an . t jje n gjv e n p settlement of such land within a prescribed period on the following con ditions, namely : — (a) that the area of land so settled, together with any other lands held by him or any member of his family either as tenant or as owner, shall no t exceed in the aggre gate the limit fixed under section 4 of this Act, and Su bstituted by the Assam Act No. VIII of 1977. 14 (b) that he shall pay to the State Government in one or more equal annual instalments not exceeding-11five an] amount fixed by it but not exceeding the compensation pay- able by the State Government for acqui- sion thereof : Provided that [***]! any amount which he is enti tled to receive as compensation under the provi sions of this Act, [shall be adjusted]2 3 4 against an equal amount which [he]2 is liable to pay under clause (b) above. (2) On payment of the full amount under sub - section (1) above, the lan d shall be settled with him with the status of a land-holder as defined in the Assam Land and Revenue Regulation, 1886 (Regulation I of 1886), [***]£ (3) Where the excess land is acquired from a ten ant as such and not from the owner thereof, the State Government shall be entitled to settle it, on such term s as it may fix, with the sub ten ant, if any, who is in occupation of such land, subject to the limit under section 4, or if there be no sub-tenant so entitled , with any person co ming within the purview of [***]4 sub-section (1) of section 17 below, with the same status as was held by the ten ant from whom the land has been acquired. Manner of 17 [(1) The State Government or any officer Und°Swhich c m P°'v e r e d by it in this behalf shall be entitled i *not se ttled t 0 s c t t 'e a n y land which has not been disposed under Sec tios of under section 16 in the same manner as any