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State of West Bengal - Section

Section 14 in The Bengal Tanks Improvement Act, 1939

14. Authorised person to pay compensation to cultivators who hold a lease of the bed of a tank.

(1)Where the bed or any part of the bed of a tank has been leased out to cultivators for agricultural purposes the authorised person shall pay compensation to such cultivators, and thereupon such shall be terminated. The amount of compensation payable to each cultivator shall be such amount as the Collector, after such inquiry as he thinks fit, deems fair and equitable [* * *] [Words omitted by W.B. Act 24 of 1948.]:[Provided that the compensation payable to such cultivators shall not be less than an amount which bears to the total amount of salami, as determined by the Collector to have been paid for obtaining the lease, the same ratio as the unexpired period of lease bears to the total period of such lease :] [Provisos added by W.B. Act 24 of 1948.][Provided further that where no period of lease is expressly mentioned or agreed to between the parties concerned the total period of lease shall be taken as twelve years.] [Provisos added by W.B. Act 24 of 1948.]
(2)The amount of compensation determined by the Collector under sub-section (1) shall be paid in the prescribed manner and within the prescribed time to the authorised person by the landlord who granted the lease. If the landlord makes default in such payment the same shall be recoverable from the landlord by the Collector as a public demand and paid by him to the authorised person.