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State of Rajasthan - Section

Section 37B in The Rajasthan Land Reforms and Resumption of Jagirs Rules, 1954

37B. Scrutiny of income from mines, etc.

- Where a claim of a Jagirdar is based wholly or in part upon the income from mines and quarries the Jagir Commissioner may call upon a Gazetted Officer of the Mining and Geology Department of the Government to inspect the area concerned for checking the figures, or to submit a report, with respect to the income from the mines and quarries. The income shall be verified by the said officer after comparison with the actual income of the three years preceding the year for which the average income is taken. Where the said officer proposes to reduce the figure given by the Jagirdar he shall, if he is himself an Assistant Director of Mines, proceed to estimate the income. If he is not himself an Assistant Director of Mines, he shall move the Assistant Director of Mines of the area concerned to estimate the income. Such estimate of income shall be made after a consideration of and after giving the Jagirdar an opportunity of being heard on the following points:-
(i)Where royalties are payable on account of mines and minerals, the average income on account of the royalties calculated on the basis of the annual return filed by the Jagirdar for the assessment of cess or income-tax during the period of 6 years preceding the agricultural year in which the date of resumption of the Jagir falls or any short period for which such returns have been filed.
(ii)Where royalties are not so payable to the Jagirdar and the mines are worked directly by the Jagirdar, the average annual income from such mines calculated on the same basis as is specified in clause (i)
On such estimate being ready, the Assistant Director of Mines who has prepared the estimate shall forward it with his recommendations to the Jagir Commissioner shall, after hearing the Jagirdar and such other persons as he may like to be heard, shall make an order determining the period of the average annual income from the mines and quarries of the Jagirdars, recording his reason therefor.The inquiry under this rule before Officers of the Mining Department shall not be subject to the provisions of rule 45.