Section 5 in The Pepsu Occupancy Tenants (Vesting of Proprietary Rights) Act, 1954
5. Principles of compensation.
(1)The amount of compensation payable to the landlord for the extinguishment of his right, title and interest in any land under section 3 shall be determined in accordance with the provisions hereinafter set out, that is to say -(a)where the rent payable by the occupancy tenant is expressed in terms of the land revenue in respect of the land, the amount of compensation shall be twelve times the annual rent thereof exclusive of land revenue and rates and cesses;(b)where the rent payable by the occupancy tenant is not so expressed in terms of the land revenue of the land, and -(i)if the rent is payable in cash whether as a fixed amount or at a fixed rate with reference to the area of the land, the amount of compensation shall be twelve times the annual rent thereof exclusive of land revenue and rates and cesses or twelve times the land revenue including rates and cesses payable by the landlord in respect of the land, whichever amount is less; or(ii)If the rent is payable wholly or partly by a division or appraisement of the produce on the basis of batai, the amount of compensation shall be twelve times the land revenue including rates and cesses payable by the landlord in respect of the land;(c)where no rent is payable by the occupancy tenant in respect of the land, the amount of compensation shall be an amount equal to the land revenue and rates and cesses payable by the landlord in respect of the land.(2)Where an occupancy tenant has not paid rent in respect of his land for any period prior to the appointed day, the compensation payable to the landlord shall, in addition to the amount determined under sub-section (1), include the amount of arrears of rent lawfully recoverable from the occupancy tenant:Provided that where the rent is payable wholly or partly by a division or appraisement of the produce on the basis of batai, then, notwithstanding anything to the contrary contained in any contract, judgment or decree, the rate of annual rent shall, for the purposes of this sub- section, be deemed to be equal to twice the land revenue including rates and cesses payable by the landlord in respect of the land.Explanation. - For the purposes of this sub-section, the amount of arrears of rent lawfully recoverable means -(i)the amount of arrears of rent as may be determined in accordance with this sub-section for any period not exceeding three years prior to the appointed day where no decree for such period has been obtained; or(ii)the amount of arrears of rent as may be determined in accordance with this sub-section for any period not exceeding six years prior to the appointed day where a decree for such period has been obtained and the decree is legally executable on the appointed day.
