Bare ActsThe Thiruppuvaram Payment (Abolition)m Act 1969 (No.19 of 1969)

Section 10

Time for preference of claim

Amendment status not verified — confirm the current text below against the official source.

Time for preference of claim.-(!) Every Thiruppuholder entitled to compensation under sub-sectiOn (2) of section 3 shall apply to the compensation officer within one year f10m the appointed day for determination of the compensation payable to him. (2) Notwithstanding anything contained in sub-:;ectJOn (I), the Government may suo motu direct the compensatiOn officer to deter· mine the compen~ation payable to any Th1ruppuholder. CHAPTER IV Determination and payment of compensation I!. Determination of annuity and compensation.- (I) The compensation officer shall, by order in wdtmg, determme m respect of each Thiruppuholder the annu1ty payable under section 4 or, as the case may be, the cG~mpensation payable under section 6. (2) Any Thiruppuholder 01 other person mterested may, withm JUrh time as may be prescribed 01 such further t1me as the compensatwn officer may, in his discretion allow, apply m writing to that officer for a copy of the data on the basis of which he proposes to determme the annuity or compensation payable. (3) On receipt of an application under sub-section (2), the com- pensation officer shall furnish the data aforesaid to the applicant, and he shall also, before passing any order under sub-section (I), give the a pp!Jcant a reasonable opportunity of making his 1 epresentations m regard thereto, in writing or orally. I { I k~ I f I ' ' ~ 101 ( 4) A copy of eve1 y orde1 passed under sub-section (I) shall be cummunitated to the Thiruppuholder and to eve1 y applicant under su 1::.-scctwn (2). (5) The compensation officer may at any time either of his ~own motiOn 01 on the application of any person, review an order passed by him under sub-sectiOn (I) on any one or more of the followmg grounds, namely:- (a) that the smd order 1s v1t1ated by any clencal or m Jthmetical mistake or c1ror apparent on the face of the record; or . (b) that subsequent to the passmg of the said order, data for the better calculatiOn of the annuity or compensation have become available; or (c) that the said order 1equires to be mod1fied in pursuance of the final order of any competent auth01 ity 01 coUJ t P1 Jvided that the compensation officer shall not cxet c1se the power~ under tlus sub-section without giving the Thi1 uppuholder conce1 ned dnd every applicant under th1s sub-section 01 sub· sec- t 1011 (2), a 1 easonablc opportumty of bemg heard. (6) A copy of every order passed under sub-section ( 5) shall be commumcated to the Board of Revenue and also to the Thiruppu· holder concerned and to every applicant under sub-section (2) or sub- sectiOn ( 5) . (7) Any person aggrieved by an order of the compensation ofiicer unde1 sub-sectiOn (1) or sui::-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 Tluruppuholder where he IS not the appellant a reasonable opp.)l tmuty of being heard and after making such further eng un y as rna y be prescribed, pass such order on the appeal as he thinks fit. (8) The Board of Revenue may, eithe1 of its own motion or on appli~.ation by any person aggrieved by an order passed by the D1stnct Collector under sub-section (7), call for and examine the record of any proceeding 111 wh1ch such order has been passed for the purpose of sat1sfymg itself as to the legality, regularity or propnety of such order or p1 occcding and pass such order thereon as it thmks fit: Prov1ded that the annuity or the compensatiOn, as the cas:: may be, payable to a Th1ruppuholder shall not be altered by the Board of Revenue without g1vmg h1m and every person who has made an appll· cation under this sub-section 01 sub•sectwn (2), a reasonable opportu• 'mty of bemg heard. 102 (9) The Board of Revenue shall not o: Its own motion call for and examine the- rt"CO! d of any p10ceedll1g unde1 sur-sect 1011 (8) if the mder to wh1ch the proceedmg 1elates has been made more than one year previously. (10) In the case of an applicatiOn under sul::·3ectwn (8) by any pe1son agg•ievcd, the application shall be made w1thm thirty days of the date of the order m question. (II) The Board of Revenue may, on application made to It by the compensation officer or by any other person in that behalf, rcv1ew any order passed by it under sub-sectwn (8), 1f 1t is of the opmion that the sa1d order 1s vitiated by an e110r m the deciSIOn on a pomt of law or by a mistake- and may make such order on the applicatiOn as It thinks fit: Provided that no application for rev1ew ~hall be granted by the Board of Revenue Without prev1ous notice to the Thiruppuholder and to the applicant, to <.nable, them to appear and be heard ill support of the order, a review of which IS applied for. ( 12) No order passed by the compcnsat1on officer unde1 sub- section (I) or sub-section (5) shall be liable to be cancelled or modi- fied except by the Dtstnct Collector or the Board of Revenue as aforesaid.

Section 10 – The Thiruppuvaram Payment (Abolition)m Act 1969 (No.19 of 1969) | DailyLaw.ai