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State of Assam - Section

Section 13 in Assam State Acquisition of Zamindaries Act, 1951

13. Compensation payable to proprietor or tenure-holder.

(1)After the net income has been computed under section 12, the Compensation Officer shall, for the purpose of preparing the compensation statement, determine the amount of compensation payable in respect of each estate or tenure according to the following table :-
Amount of NetIncome. Total Compensation Payable.
(a) Where the net income does not exceed Rs.1,000. Fifteen times such net income.
(b) Where the net income exceeds Rs. 1,000 butdoes not exceed Rs. 2,500. Twelve times such net income or the maximum amount under (a)above, whichever is greater.
(c) Where the net income exceeds Rs. 2,500 butdoes not exceed Rs. 5,000. Eleven times such net income or the maximum amount under (b)above, whichever is greater.
(d) Where the net income exceeds Rs. 5,000 butdoes not exceed Rs. 7,500. Ten times such net income or the maximum amount under (c) above,whichever is greater.
(e) Where the net income exceeds Rs. 7,500 butdoes not exceed Rs. 10,000. Nine such net income or the maximum amount under (d) above,whichever is greater.
(f) Where the net income exceeds Rs. 10,000 butdoes not exceed Rs. 15,000. Eight times such net income or the maximum amount under (e)above, whichever is greater.
(g) Where the net income exceeds Rs. 15,000 butdoes not exceed Rs. 30,000. Seven times such net income or the maximum amount under (f)above, whichever is greater.
(h) Where the net income exceeds Rs. 30,000 butdoes not exceed Rs. 50,000. Six times such net income or the maximum amount under (g) above,whichever is greater.
(i) Where the net income exceeds Rs. 50,000 butdoes not exceeds Rs. 1,00,000. Five times such net income or the maximum amount under (h)above, whichever is greater.
(j) Where the net income exceeds Rs. 1,00,000but does not exceed Rs. 3,00,000. Four times net income or the maximum amount under (i) above,whichever is greater but subject in any case to a maximum of tenlakhs.
(k) Where the net income exceeds Rs. 3,00,000. Three times such net income or the maximum amount under (j)above, whichever is greater but subject in any case to a maximumof ten lakhs.
(2)An amount equal to 50 per centum of the arrears of rents, royalties, cesses, fees and interest referred to in sub-section (3) of section 4 shall be added in each case to the amount determined according to the foregoing table.
(3)The compensation shall in the first instance be determined for the estate or tenure as a whole, and not separately for each of the co-sharers or interests therein.
(4)The Compensation Officer shall then apportion the share of compensation payable to a co-sharer or any persons having interest in the estate or the tenure and if, in doing so, any question involving matters of civil nature arises, he shall, either of his own motion or on the application of the parties concerned, refer it to the Claims Officer.
(5)Where the net income, or any portion of the net income in respect of an estate or a tenure is dedicated exclusively to charitable or religious purposes, such net income or portion of the net income as the case may be instead of being assessed under sub-section (i), shall be assessed as a perpetual annuity equal to such net income or portion thereof payable in the prescribed manner to the person or institution determined by the State Government.Explanation. - If the salary, remuneration or any allowance payable to the Mutawalli of Wakf or the Shchait of a Hindu temple or a trustee of any other charitable or religious trust, does not exceed 15 per cent of the net income, then such net income shall be deemed to be 'dedicated exclusively to charitable or religious purposes,' for the purpose of assessing the net income as a perpetual annuity under this sub-section.
(6)Where the interest of a proprietor or a tenure-holder or any co-sharer thereof is subject to a mortgage or charge, of the claim or any part of the claim of the creditor holding such mortgage or charge is allowed by the Claims Officer under the provisions of this Act, then such creditor shall be paid out of the amount of compensation to the extent of the claim allowed, and the balance shall then be paid to the proprietor or tenure-holder or co-sharer, the creditor shall be paid not more than 75 per centum of such compensation money, and the proprietor or the tenure-holder or the co-sharer, the balance.
(7)Where there are more than one creditor, payment to them out of the compensation shall be in the order of priority determined by the Claims Officer.
(8)In the case of an estate, succession to which is governed by the law of primogeniture, where any person is in receipt of a monetary allowance in lieu of maintenance which is a charge on the estate, the allowance paid to such person shall be deemed to be the net income of such person, and he shall be paid compensation on such net income and the amount of such net income shall be deducted from the net income of the proprietor of such estate for the purpose of determining the amount of compensation payable to him under this Act.