32 Investment of money deposited in respect of lands belonging to persons incompetent to alienate.
If any money shall be deposited in Court under sub-section (2) of the last preceding section and it appears that the land in respect whereof the same was awarded belonged to any person who had no power to alienate the same, the Court shall
order the money to be invested in the purchase of other lands to be held under the like title and conditions of ownership as the land in respect of which such money shall have been deposited, was held, or
if such purchase cannot be effected forthwith, then in such Government or other approved securities as the Court shall think fit;
and shall direct the payment of the interest or other proceeds arising from such investment to the person or persons who would for the time being have been entitled to the possession of the said land, and such moneys shall remain so deposited and invested until the same be applied
in the purchase of such other lands as aforesaid; or
in payment to any person or persons becoming absolutely entitled thereto.
In all cases of moneys deposited to which this section applies, the Court shall order the costs of the following matters, including therein all reasonable charges and expenses incident thereon, to be paid by the Collector, namely:
the costs of such investments as aforesaid;
the costs of the orders for the payment of the interest or other proceeds, of the securities upon which such moneys are for the time being invested, and for the payment out of Court of the principal of such moneys, and of all proceedings relating thereto, except such as may be occasioned by litigation between adverse claimants.
Karnataka In section 32, for the word Collector, wherever it occurs, substitute the word Deputy Commissioner. [ Vide Mysore Act 17 of 1961, sec. 4 (w.e.f. 24-8-1961)]. Section 32A Uttar Pradesh. After section 32, insert the following section, namely: 32A. On account' payment. (1) Where, in the opinion of the Collector, there is likely to be delay in the making of award under section 11, and possession of the land has been taken under section 17, the Collector shall not later than the expiry of six months from the taking of possesion, make on account' payment to the person interested up to two-thirds of the amount determined or likely to be determined as compensation.
The on account' payment referred to in sub-section (1) shall be deemed to be part of the compensation payable under this Act and shall be deducted and adjusted against the same.
In cases where a reference has been made under section 18 on teh requisition of the Land Reforms Commissioner the provisions of section 31 shall apply subject to the modification that the payment tendered under that section shall be of so much of the compensation amount as is not in dispute. [ Vide Uttar Pradesh Act 8 of 1974, sec. 4 (w.e.f.26-4-1974)]. West Bengal. After section 32, insert the following section, namely: 32A. Compensation awarded to minors and lunatics to be paid. If, according to an award made by the Collector under this Act, the person interested entitled to any compensation or costs awarded (hereafter in this section referred to as the payee) is a minor or lunatic, then, notwithstanding anything to the contrary in this Act or in any other law, the Collector shall have the power to pay the amount of such compensation or costs before it is deposited in the Court under sub-section (2) of section 31 or it may be paid by the Court after it is so deposited but before it is invested under section 32,
where the payee is a minor, to the guardian of the minor; and
where the payee is lunatic, to the manager of the estate of the lunatic appointed under Indian Lunacy Act, 1912:
Provided that, except in the case of following classes of guardians, that is to say,
a guardian appointed by the Will of a minor's father or mother;
a guardian appointed or declared by a Court; and
a person empowered to act as and exercise the powers of a guardian by or under any enactment relating to Court of Wards,
no payment as aforesaid shall be made unless the guardian furnishes security in accordance with prescribed rules. [ Vide West Bengal Act 24 of 1964, sec. 3 (w.e.f. 26-11-1964)].