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[Cites 0, Cited by 20] [Entire Act]

State of Bihar - Section

Section 24 in The Bihar Land Reforms Act, 1950

24. Rates of compensation.

- After the net income has been computed under Section 23 the Compensation Officer shall for the purpose of preparing the Compensation Assessment roll proceed to determine the amount of compensation to be payable in respect of the transference to the State of the interests of each [intermediary] [Substituted by Act 20 of 1954.] as follows :-
(1)in the case of a proprietor or tenure-holder of a permanent or resumable tenure, the compensation payable shall be determined in accordance with the following table, namely :-
  Amount of net income.   Rate of compensation payable.
(a) Where the net income so computed does not exceed Rs. 500.   Twenty times such net income
(b) Where the net income so computed exceeds Rs. 500 but does notexceed Rs. 1,250.   Nineteen times such net income but in any case not less thanthe maximum amount under item (a) above.
(c) Where the net income so computed exceeds Rs. 1,250 but doesnot exceed Rs. 2,000.   Eighteen times such net income but in any case not less thanthe maximum amount under item (b) above.
(d) Where the net income so computed Rs. 2,000 but does not exceedRs. 2,750   Seventeen times such net income but in any case not less thanthe maximum amount under item (c) above.
(e) Where the net income so computed exceeds Rs. 2,750 but doesnot exceed Rs. 3,500.   Sixteen times such net income but in any case not less thanmaximum amount under item (d) above.
(f) where the net income so computed exceeds Rs. 3,500 but doesnot exceed Rs. 4,250.   Fifteen times such net income but in any case not less thanthe maximum amount under item (e) above.
(g) where the net income so computed exceeds Rs. 4,250 but doesnot exceed Rs. 5,000.   Fourteen times such net income but in any case not less thanthe maximum amount under item (f) above.
(h) where the net income so computed exceeds Rs. 5000 but does notexceeds Rs. 10,000   Ten times such net income but in any case not less than themaximum amount under item (h) above.
(i) where the net income so computed exceeds Rs. 10,000 but doesnot exceed Rs. 20,000.   Eight times such net income but in any case not less than themaximum amount under item (i) above.
(j) where the net income so computed exceeds Rs. 20,000 but doesnot exceed Rs. 50,000.   Six times such net income but in any case not less than themaximum amount under item (i) above.
(k) where the net income so computed exceed Rs. 50,000 but doesnot exceed Rs. 1,00,000.   Four times such net income but in any case not less than themaximum amount under item (j) above.
(l) Where the net income so computed exceeds Rs. 1,00,000.   Three times such net income but in any case not less than themaximum amount under item (k) above.
[**] [Repealed by Act 20 of 1954.] the amount of compensation payable to a proprietor or tenure holder in respect of mines and minerals as determined under Section 25.Explanation. - The expression "resumable tenure" in this clause means a tenure which is held subject to the condition that it shall lapse to the estate of the grantor and be resumable by him or his successor in title -
(a)on failure of male heirs of the body of the original grantee in the male line; or
(b)on the happening of any definite contingency other than that referred to above.
(2)in the case of the holder of a temporary lease of an estate or tenure, the compensation shall be paid out of the compensation payable under this Chapter to the immediately superior landlord of such lessee and the Compensation Officer shall apportion the compensation between such lessee and his immediately superior landlord subject to the Rules made under this Act and, in making the apportionment, the Compensation Officer shall take into consideration the unexpired period of the lease, [and the advances paid by such lessee] [Substituted by Act 20 of 1954.]
(3)[ in case where according to the order of the State Government under sub-section (2) of Section 21, the trust is genuine and has been acted upon and the net income or any portion of the net income in respect of any estate or tenure held under the trust has been dedicated exclusively to charitable or religious purposes without any reservation of pecuniary benefit to any individual, the compensation payable in respect of such income or such portion thereof shall, instead of being assessed under clause (1) be assessed as a perpetual annuity equal to such net income or such portion thereof as the case may be.] [Substituted by Act 16 of 1959.][Provided that where the property dedicated to a trust consists only of mines and minerals, compensation under Section 32, instead of perpetual annuity, shall be payable to the trust, as if it were an intermediary.] [Inserted by Act 18 of 1983 (31.10.83)]Explanation. - The salary, remuneration or any allowance payable to a Mutawalli in the case of a Waqf or to a trustee in any other case including a Shebait of a Hindu religious trust not exceeding fifteen per centum of the net income dedicated exclusively to charitable or religious purposes shall not be deemed to be a reservation of pecuniary benefit within the meaning of this clause;
(4)[ in case where an estate or tenure or any part thereof is held in trust, other than a trust exclusively dedicated to religious or charitable purposes the compensation payable to each beneficiary shall be determined on the basis of his share of the net income in respect of such estate or tenure or part thereof, as the case may be.Explanation. - Where the beneficiaries are members of a Joint Hindu family, the share of each such beneficiary in the net income shall be computed as if there was partition among them on the date of the vesting;] [Substituted by Act 16 of 1959.]
(5)in the case where, the interest of a proprietor or tenure holder is subject to a mortgage or charge, the compensation shall first be payable to the creditor holding such mortgage or-charge and the balance, if any, shall be payable to the proprietor or tenure holder concerned. The amount of compensation payable to a creditor on account of such mortgage or charge shall be the amount determined under Chapter IV which, notwithstanding anything contained in any law for the time being in force, shall not in any case exceed the amount of compensation payable in respect of the estate or tenure or portion thereof which is subject to such mortgage or charge, and where there are two or more such creditors the compensation shall be payable to them in the order determined under said Chapter;
(6)[ in the case of an estate or tenure where any person is in receipt of a monetary allowance in lieu of maintenance which is a charge on the estate or tenure, the allowance paid to such person shall be deemed to be the net income of such person and he shall be paid compensation on such net income and the amount of such net income shall be deducted from the net income of the proprietor of such estate or tenure for the purpose of determining the amount of compensation payable to him under this Act:Provided that if the claim of any person to such monetary allowance or as to the extent of the charge on such estate or tenure on account of such maintenance is disputed by any person at any time before the final publication of the Compensation Assessment roll under section 28, the Compensation Officer shall on application, make such inquiry into the matter as he considers fit and pass such order as may appear to him to be just and proper:Provided further that an appeal against any such order of the Compensation Officer shall lie to the authority and be disposed of in the manner provided in Section 27.] [Substituted by Act 16 of 1959.]