Section 30 in The Orissa Estates Abolition Act, 1951
30. Computation of compensation payable for mines and minerals.
(1)The Compensation Officer shall prepare in the prescribed form and in the prescribed manner a compensation Assessment roll containing in respect of every Intermediary in respect of royalties on account of mines and minerals or directly working mines comprised in the estate-(a)his gross income and net income from such royalties;(b)his gross income from mines worked directly by him and the amount deemed to be his net income from royalties in respect of such mines;(c)the amount of compensation payable to him under the provision of this Act for mines and minerals ; and(d)such other particulars as may be prescribed.(2)For the purposes of Clause (a) of Sub-section (1) the gross income of an Intermediary from royalties shall i.e. the average annual income on account of royalties, calculated on the basis of the annual returns filed by the Intermediary for the assessment of cess or income, tax during the period of twelve agricultural years preceding the agricultural year in which the date of vesting falls or any shorter period for which such returns have been filed, and the net income from royalties shall be computed by deducting from the gross income so determined the average of the income-tax paid thereon during the said period and the cost of collection at such rates as may be prescribed :Provided that any sum shown in either of the said annual returns as having been received by the Intermediary by way of salami or premium shall not be taken into account in calculating the gross income from royalties.(3)For the purposes of Clause (b) of Sub-section (1), the gross income of an Intermediary from mines worked directly by him shall be the average annual gross income from such mines calculated on the same basis as that specified in Sub-section (2). An amount equal to five per centum of the gross income so determined shall be deemed to be the net income from royalties which he might have derived in respect of such mines if he had leased them to another person.(4)[ (a) After the net income from royalties has been computed under Sub-sections (2) and (3) the Compensation Officer shall calculate the compensation in accordance with the table contained in Subsection (1) of Section 28 as if the net income referred to in the said table had been the aggregate of the net income calculated in respect of the estate under Section 27 and the net income calculated under the sub-sections aforesaid :(b)where the amount of compensation calculated under the foregoing clause is agreed to, it shall be determined in accordance with the said clause.(c)(i)where no such agreement is reached within the prescribed period the Compensation Officer shall refer the question of determination of the amount of compensation to a Tribunal to be appointed by the State Government in this behalf -(ii)the Tribunal shall consist of a District judge who shall be assisted by a mining expert to be nominated by the State Government;(d)(i)at the commencement of the proceedings before the Tribunal the intermediary shall state what in his opinion is the fair amount of compensation;(ii)the tribunal in giving its award shall have regard to the provisions of Sub-sections (2) and (3) and to the opinion of the mining expert, with regard to the extent of the mining operations carried on and of the minerals obtained, and determine the amount of compensation to be payable to the Intermediary in accordance with the principle laid down in Clause (a) ;(iii)every award made by the Tribunal under this sub-section shall be communicated to the Compensation Officer who made the reference and thereupon he shall proceed to complete the Compensation Assessment Roll accordingly.][The Tribunal, if any appointed prior to 30th June, 1956, snail be deemed to be a Tribunal appointed under Sub-Section (4) as amended by the Orissa Estates Abolition (Amendment) Act, 1956.] [Transitory Provision of Orissa Act 15 of 1956.]
