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State of West Bengal - Section

Section 17 in West Bengal Estates Acquisition Act, 1953

17. Assessment of compensation.

—(1) After the net income has been computed under section 16, the Compensation Officer shall [ xxx ] [The words, for the purpose of preparing the Compensation Assessment Roll for the notified area, omitted by Section 11 of the West Bengal Estates Acquisition (Amendment) Act, 1960 (West Bengal Act No. 17 of 1960).] proceed to determine the amount of compensation payable to intermediaries in accordance with the following table, nemely :—Table
Net Income Amount of compensation payable
For the next Rs. 500 or less of net income. Twenty times of such net income.
For the next Rs. 500 or less of net income. Eighteen times of such net income.
For the next Rs. 1,000 or less of net income. Seventeen times of such net income.
For the next Rs. 2,000 or less of net income. Twelve times of such net income.
For the next Rs. 10,000 or less of net income. Ten times of such net income.
For the next Rs. 15,000 or less of net income. Six times of such net income.
For the next Rs. 80,000 or less of net income. Three times of such net income.
For the balance of the net income. Two times of such balance of net income:
[Provided that in the case of an intermediary referred in clause (i) of sub-section (1) of section 6, compensation payable to such intermediary shall be a perpetual annuity [, or where the interest of the intermediary is terminable or is liable to be exhausted, an annuity for such number of years as [may be prescribed] [Proviso Substituted by Section 9 of the West Bengal Estates Acquisition (Amendment) Act, 1955 (West Bengal Act No. 35 of 1955) (with retrospective effect) for original proviso.], having regard to the circumstances,] equal to the net annual income from the estate or interest of such intermediary excluding the portion thereof which the intermediary has retained under the provisions of sub-section (1) of section 6 :][Provided further that in the case of an intermediary— [Second proviso added by Section 9(1) of the West Bengal Estates Acquisition (Amendment) Act, 1961 (West Bengal Act No. 9 of 1961).](a)whose income consisted only of rent in kind the commuted value of which does not exceed Rs. 1,000 per year, or(b)whose income from rent in kind taking the commuted value thereof together with his other income from his estates or interests which have vested in the State under section 5 does not exceed the sum mentioned in clause (a),the compensation payable to such intermediary shall be an annuity, payable for a period of twenty-five years, equal to the net annual income from the estates or interests in respect of which the intermediary received rent in kind and in the case of an intermediary mentioned in clause (b), the amount of such annuity shall be excluded from his net income for the purpose of assessing the compensation payable to him under the general provisions of sub-section (1).]
(2)
(a)Where an intermediary is the holder of a temporary interest the compensation payable to such intermediary in respect of such interest [shall not exceed the amount of net income which the intermediary would have derived from such interest during the unexpired period thereof] [Substituted by Section 9(2)(a), ibid for the words shall be paid out of the compensation which would, but for the existence of such temporary interest, be payable to his immediate superior landlord.], or
(b)where the interest of intermediary is subject to a usufructuary mortgage, the compensation payable to such intermediary shall be apportioned between him and his usufructuary mortgagee [in such proportion as may be just and fair having regard to the unexpired period of the usufructuary mortgage];
[Inserted by Section 9(2)(b), ibid.][ xxx ][The words "and the Compensation Officer shall apportion the compensation between the holder of such temporary interest and his immediately superior landlord or between such intermediary or his mortgagee in such proportion as may be just and fair having regard to the unexpired period of such temporary interest or the usufructuary mortgage" omitted by Section 9(2)(c), ibid.]
(3)[ The sum referred to in sub-clause (v) or sub-clause (vi) of clause (b) of sub-section (1) of section 16 shall be payable to the corporation, institution or person, as the case may be, as a perpetual annuity.][Sub-section (3) Substituted by Section 6 of the West Bengal Estates Acquisition (Amendment) Act, 1963 (West Bengal Act 22 of 1963), which was earlier added by Section 9(3) of the West Bengal Estates Acquisition (Amendment) Act, 1961 (West Bengal Act No. 9 of 1961).]