(ACQUISITION AND TRANSFER) ACT, 1996
1996 · State unknown · central · act_text
Sections (20)
16 · Priority of claims.The claims made under section 15 shall have priorities in accordance with the following principles, namely:(a) Category I shall have precedence over all other categories and Category II shall have precedence over category-III and so on; (b) the claims specified in each of the categories shall rank equally and be paid in full, but if the amount is insufficient to meet such claims in full, they shall abate in equal proportions and be paid accordingly; and (c) the question of discharging any liability with regard to a matter specified in a lower category shall arise only if surplus is left after meeting all the liabilities specified in the immediately higher category. 17. Examination of claims. -(1) On receipt of the claims made under section 15, the Commissioner shall arrange the claims in the order of priorities specified in Schedule II and examine the same in accordance with such order of priorities. (2) If, on examination of the claims, the Commissioner is of opinion that the amount paid to him under this Act is not sufficient to meet liabilities specified in any lower category he shall not be required to examine the claims in respect of such category. 18. Admission or rejection of claims.- (1) After examining the claims with reference to the priorities specified in Schedule II, the Commissioner shall fix a certain date on or before which every claimant shall file the proof of his claim. (2) Not less than fourteen days notice of the date so fixed shall be given by advertisement in one issue of a daily newspaper in the English language having wide circulation in the country and one issue of a daily newspaper in the Kannada language, having wide circulation in the State and every such notice shall call upon the claimant to file the proof of his claim with the Commissioner within the time specified in the advertisement. (3) Every claimant, who fails to file the proof of his claim within the time specified by the Commissioner shall be excluded from the disbursement made by the Commissioner. (4) The Commissioner shall after such investigation as may, in his opinion, be necessary and after giving the claimant a reasonable opportunity of being heard, determine the nature and extent of such claim and by order in writing admit or reject the claim in whole or in part. The Commissioner shall also decide any dispute as to the person or persons who are entitled to the amount and any dispute as to who are the legal representatives of any deceased claimant. (5) The Commissioner shall have the power to regulate his own procedure in all matters arising out of the discharge of his functions, and shall, for the purpose of making an investigation under this Act, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 while trying a suit, in respect of the following matters, namely:- 31 · Act to have overriding effect.- The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act or in any decree or order of any court, tribunal or any other authority. 32. Contract to cease to have effect unless ratified by Board.Every contract entered into by the owners or the transferees, in relation to the Estate which has vested in the State Government under section 3 and in force immediately before the appointed day, shall on and from the expiry of thirty days from the appointed day, cease to have effect unless such contract is, before the expiry of that period, ratified in writing by the Board and in ratifying such contract, the Board may make such alteration or modification therein, as it may think fit: Provided that the Board shall not omit to ratify a contract and shall not make any alteration or modification in a contract,(a) unless it is satisfied that such contract is unduly onerous or has been entered into in bad faith or is detrimental to the interest of the Board: (b) except after giving to the parties to the contract a reasonable opportunity of being heard and except after recording in writing its reasons for refusal to ratify the contract or for making any alteration or modification therein. 33. Protection of action taken in good faith.- (1) No. suit, prosecution or other legal proceeding shall lie against the State Government or the Board or any Officer or other employee of the State Government or the Board or other person authorised by the State Government or the Board for anything which is in good faith done or intended to be done under this Act. (2) No suit or other legal proceeding shall lie against the State Government or the Board or any officer or other employee of the State Government or the Board or other person authorised by the State Government or the Board for any damage caused or likely to be caused by anything which is in good faith done or intended to be done. 34. Penalties. -Any person who,(a) having in his possession or custody or control any property forming part of the Estate wrongfully withholds such property from the State Government or the Board; or (b) wrongfully obtains possession or retains any property forming part of the Estate; or (c) wilfully withholds or fails to furnish to the State Government or the Board or to any person or body of persons specified by the State Government or the Board, as the case may be, any document or inventory relating to the Estate which may be in his possession, custody or control; or (d) wrongfully removes or destroys any property forming part of the Estate; or (e) prefers any claim under this Act which he knows or has reasonable cause to believe to be false or grossly inaccurate; 
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