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State of Assam - Section

Section 12 in Assam State Acquisition of Zamindaries Act, 1951

12. Net Income.

- The net income of a proprietor or a tenure-holder shall be computed by deducting from the gross income of such proprietor or tenure-holder, as the case may be, the following, namely :-
(i)Any sum which was payable but such proprietor or tenure-older as land revenue or cesses to the State Government in respect of such estate or tenure, calculated on the basis of an average of such revenue or cesses payable for the 15 agricultural years preceding the date of vesting :
(ii)Any sum which was payable by a tenure-holder as rent to his immediately superior landlord, calculated on the basis of an average of such rent payable for the 15 agricultural years preceding the date of vesting :
(iii)Any sum which was payable by such proprietor or tenure-holder as chaukidari tax or municipal tax in respect of any building used as office or cutchery for the management of such estate or tenure, for the agricultural year immediately preceding the date of vesting :
(iv)Any sum which was payable by such proprietor or tenure-holder as agricultural income-tax in respect of such estate or tenure calculated on the basis of an average of such agricultural income-tax payable for the five agricultural years preceding the date of vesting :
(v)Any sum which was payable by such proprietor or tenure-holder as income-tax in respect of income included as gross income under section 11 other than agricultural income derived from such estate or tenure calculated on the basis of an average of such income-tax payable for 15 agricultural years immediately preceding the date of vesting : provided that the rate of income-tax shall be calculated at the rate of assessment which would have been applicable, if the proprietor or tenure-holder and no income other than income derived from such estate or tenure :
(vi)The cost of management of such estate or tenure at the following rates :-
Amount of Gross Income Rate
(a) Where the gross income exceeds Rs. 20,000. 15 per centum of such gross income.
(b) Where the gross income exceeds Rs. 10,000 but does notexceeds Rs. 20,000. 12½ per centum of such gross income.
(c) Where the gross income exceeds Rs. 5,000 but does not exceedRs. 10,000. 10 per centum of such gross income.
(d) Where the gross income exceeds Rs. 2,500 but does not exceedRs. 5,000. 7½ per centum of such gross income.
(e) Where the gross income does not exceed Rs. 2,500. 5 per centum of such gross income.
(vii)The cost of beneficial works for the raiyats of such estate or tenure at the following rate :-
Amount of Gross Income Rate
(a) Where the gross income exceeds Rs. 20,000. 10 per centum of such gross income.
(b) Where the gross income exceeds Rs. 10,000but does not exceed Rs. 20,000. 7½ per centum of such gross income.
(c) Where the gross income exceeds Rs. 5,000 butdoes not exceed Rs. 10,000. 5 per centum of such gross income.
(d) Where the gross income exceeds Rs. 2,500 butdoes not exceeds Rs. 5,000. 2 per centum of such gross income.
(e) Where the gross income does not exceed Rs.2,500. Nil.
(viii)Other deductions, if any, not specially mentioned in clause (i) to (vii), which Government may, by rules, prescribed :
Provided that the deduction for cost of management and cost of beneficial works referred to in clause (vi) and (vii) shall not have the effect of reducing the net income of a proprietor or tenure-holder specified in amount below the net income of the proprietor or tenure-holder specified in the entry mentioned in sub-clauses (b) to (e) respectively of each of the said clauses.Illustration. - A proprietor or a tenure-holder whose gross income is Rs. 10,000, after deduction of cost of management at the rate of 10 per cent and cost of beneficial works at the rate of 5 per cent will have a net income of Rs. 8,500.On the other hand, a proprietor or tenure-holder whose gross income is Rs. 10,100, after deducting the cost of management at the rate of 12-1/2 per cent and cost of beneficial works at the rate of 7-1/2 per cent will have a net income of Rs. 8,080.Under the terms of the proviso his net income shall not be less than Rs. 8,500.