Section 32 in West Bengal Estates Acquisition Act, 1953
32. Determination of compensation for intermediaries referred to in section 31(1)(a).
[(1)] [Original section re-numbered as sub-section (1) of that section by Section 10 of the West Bengal Estates Acquisition (Amendment) Act. 1957 (West Bengal Act No. 4 of 1957) (with retrospective effect).] In preparing the Compensation Assessment Roll for every intermediary referred to in clause (a) of sub-section (1) of section 31, the Compensation Officer shall [calculate the gross annual income] [Substituted by Section 16(1) of the West Bengal Estates Acquisition (Amendment) Act, 1961 (West Bengal Act No. 9 of 1961) for the words calculate the probable gross annual income.] of such intermediary on the probable income out of royalty which might have been derived by the grant of lease of such land based on the opinion of [a Mining Expert] [Substituted by Section 16(2), ibid for the words Mining Expert.], appointed by the State Government, as regards the nature, quantity and the value of the minerals, likely to exist in the land and capable of being worked and developed and other matters that may be prescribed. An amount equal to five per centum of [such gross income] [Substituted by Section 16(3), ibid for the words such probable gross income.] shall be deemed to be the net income of such land; and the Compensation Officer shall determine four times such net income as the amount of compensation payable.(2)[ Where such intermediary as aforesaid has estates and interests for which compensation is payable under Chapter III, the Compensation Officer shall calculate the total amount which would have been payable in accordance with the table contained in sub-section (1) of section 17 as if the net income had been the aggregate of the net income calculated in respect of the estates and interests for which compensation is payable under Chapter III and the net income calculated under this section; the Compensation Officer shall also calculate the total amount which would have been payable as compensation if compensation for such estates and interests and compensation for mines and minerals had been calculated separately; and the lesser of the two total amounts of compensation so calculated shall be the amount of compensation payable.][Sub-section (2) Inserted by Section 10 of the West Bengal Estates Acquisition (Amendment) Act, 1957 (west Bengal Act No. 4 of 1957) (with retrospective effect).]
