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Bombay Presidency - Section

Section 15 in Bombay Merged Territories Miscellaneous Alienations Abolition Act, 1955

15. Compensation in respect of allowances in cash or kind. - (1) In the case of an alienation consisting of a cash allowance or allowance in kind, the alienee shall be paid-

(i)seven times the amount of the cash allowance or of the value of the allowance in kind, as the case may be, if the alienation was hereditary without being subjected to deduction or cut at the time of each succession;(ii)five times the amount of the cash allowance or the value of the allowance in kind, as the case may be, if the alienation was hereditary but subject to a deduction or cut at the time of each succession; or(iii)three times the amount of cash allowance or the value of the allowance in kind, as the case may be, if the alienation was continuable for the life-time of the alienee:[Provided that if under the terms of a grant any cash allowance or allowance in kind-(a)is received by a widow for the purpose of maintenance, she shall be paid an amount equal to such allowance for the remainder of her life;(b)is received by an alienee for the purpose of education, he shall be paid an amount equal to such allowance during a like period, and subject to the like conditions, as are contained in the grant;(c)is received by an alienee who is -(i)a male minor, he shall be paid an amount equal to the allowance till he attains the age of twenty-one years;(ii)an unmarried female, she shall be paid an amount equal to the allowance till she marries,or, the amount calculated in accordance with the provisions of this section, which ever is greater;(d)is received by an alienee in respect of whom, upon application made to it, in the manner prescribed, before the first day of August 1958, the State Government is satisfied after such inquiry (if any) as it thinks fit, that he has no other source of income, or that if he has any other source of income it is insufficient for his livelihood, or that on account of old age, mental or physical infirmity or other reason he is incapable of earning a livelihood, or maintaining himself in a reasonable manner, there shah be paid to such alienee as a compassionate payment an amount equal to such allowance during his lifetime, or for such lesser period as the State Government in the circumstances thinks just.]
(2)For the purpose of sub-section (1), the amount of cash allowance shall be the amount paid or payable to the alienee for the year immediately preceding the appointed date and the value of the allowance in kind shall be the value of the allowance in kind paid or payable to the alienee for the year immediately preceding the appointed date, such value being determined in the prescribed manner.