Section 8 in The West Bengal Fisheries (Requisition and Acquisition) Act, 1965
8. Compensation.
(1)Whenever any fishery or lands are requisitioned under section 4 or acquired under section 5 there shall be paid in the manner prescribed to every person interested, compensation, the amount of which shall be determined by the Collector in the prescribed manner in accordance with the principles hereinafter set out.(2)Where any fishery or lands are acquired compensation shall be payable at the rate of three times the net average annual income from the fishery or the lands, as the case may be.(3)Where any fishery or lands are requisitioned there shall be paid to every person interested compensation in respect of -(a)the requisition of such fishery or lands; and(b)any damage done during the period of requisition to such fishery or lands other than what may have been sustained by natural causes.(4)The principles to be followed in determining compensation under sub-section (3) shall be as follows, namely:-(i)where the Collector and the person interested agree as to the compensation, the Collector shall make an award ordering payment of the agreed compensation;(ii)where the Collector and the person interested do not agree as to the compensation, or where the person interested cannot be traced or does not appear before the Collector when called upon to be present for the purpose of the determination of the compensation, the compensation to be determined by the Collector shall include the amount calculated for the period of requisition of the fishery or lands at the rate of the net average annual income from such fishery or lands and the amount which the Collector considers necessary to compensate the person interested for any damage referred to in clause (b) of sub-section (3) and the Collector shall make an award ordering payment of the compensation so determined.Explanation. - "Net average annual income" to be determined by the Collector for the purposes of sub-sections (2) and (4) shall mean -(a)in the case of agricultural land, one-third of the average value of the produce derived or derivable from such land during a period of five years immediately preceding the date of requisition.(b)in the case of other land, the average income, less two per cent, of such income, derived or derivable therefrom during a period of five years immediately preceding the date of requisition; and(c)in the case of a fishery, one-third of the average income from the fishery during a period of five years immediately preceding the date of requisition.
