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State of Odisha - Section

Section 28 in The Orissa Estates Abolition Act, 1951

28. Rates of Compensation.

- After the net income has been computed under Section 27 the Compensation Officer shall, for the purpose of preparing the Compensation Assessment Roll, proceed to determine the amount of compensation to be payable in respect of the transference to the State Government of the interests in respect of each estate as follows :
(1)in the case of a permanent or resumable estate the compensation payable shall be determined in the following manner, namely :
  Amount of net income Rate of compensation payable
(i) On the first five hundred rupees of the net income. Fifteen times of such income.
(ii) On the next thirty-five hundred rupees of the net income. Thirteen times of such net income.
(iii) On the next three thousand rupees of the net income. Ten times of such net income.
(iv) On the next three thousand rupees of the net income. Seven times of such net income.
(v) On the next fifteen thousand rupees of the net income. Five times of such net income.
(vi) On the next fifteen thousand rupees of the net income. Four times of such income.
(vii) On the balance of the net income Three times of such net income.
To be amount thus determined shall be added the amount of compensation, if any, payable in respect of mines and minerals as determined under Section 30 and such amount as may be determined in the prescribed manner for any improvement that the Intermediary has made in respect of waste lands :Provided that when such land is settled with the Intermediary on a fair and equitable rent no compensation shall be paid for such land.Explanation I - The expression "resumeable estate" in this clause means an estate which is held subject to the condition that it shall lapse to the estate of the grantor and be resumable by him or his successor in title-
(a)on failure of male heirs of the body of the original grantee in the male line; or
(b)on the happening of any definite contingency other than that referred to above.
Explanation II - "Improvement" for the purpose of this clause shall mean any investment made for the better utilisation of land.
(2)In the case where in the opinion of the Compensation Officer the net income or any portion of the net income in respect of any estate held under trust or other legal obligation has been dedicated exclusively to [* * *] [Omitted vide Orissa Act No. 3 of 1958.] charitable or religious purpose [of a public nature] [Inserted vide Orissa Act No. 3 of 1958.] without any reservation of pecuniary benefit to any individual, the compensation payable in respect of such income or such portion thereof shall, instead of being assessed under Clause (1), be assessed as a perpetual annuity equal to such net income or such portions hereof as the case may be [and the perpetual annuity so assessed shall be subject to revision as herein after provided :] [Added vide Orissa Act No. 33 of 1970.][Provided that in regard to estates relating to Hindu Religious Trusts or institutions, the Compensation Officer shall, in cases of doubt, refer the matter to the Endowment Commissioner appointed under the Orissa Hindu Religious Endowments Act, 1951 (Orissa Act 2 of 1952), for giving his opinion after a summary enquiry as may be prescribed and on receipt of such opinion shall decide the matter in accordance there with unless the parties concerned contest the opinion so expressed in which case the Compensation Officer shall, after holding an enquiry in the prescribed manner, pass such orders as he deems fit :] [Substituted vide Orissa Act No. 16 of 1969, which was inserted by the Orissa Act No. 23 of 1957.]Provided [further] [Inserted vide Orissa Act No. 23 of 1957.] that the State Government may, by a special order in each case, declare such trusts or other legal obligations to be entitled to the benefit of this clause :[Provided also that where the perpetual annuity is not more than five rupees it shall not be paid on annual basis, but a sum equal to five times the said annuity shall be paid at the interval of every five years from the date of vesting.] [Inserted vide Orissa Act No. 2 of 1961.]
(i)[ The salary, remuneration or any allowance payable to a Mutawalli in the case of a wakf or to a trustee in any other case including Shebait of a Hindu Religious trust not exceeding fifteen per centum of the income dedicated exclusively to charitable or religious purposes, shall not be deemed to be a reservation of pecuniary benefit to individual within the meaning of this clause.] [Explanation renumbered as Clause (i) by Act No. 25 of 1978.]
(ii)[ The expression "Endowment Commissioner" shall include Assistant Endowment Commissioner appointed under the Orissa Hindu Religious Endowments Act, 1951] [Inserted by as Clause (i) by Act 25 of 1978.].
[(2-a) whenever the price of paddy in comparison with the price prevailing at the time of assessment or, as the case may be, last revision of the perpetual annuity increases or decreases by at least twenty-five per centum, the perpetual annuity shall be revised proportionate to the increase or decrease, as the case not be, and thereupon the provisions of Section 31 to 35 shall, mutatis mutandis apply to the Proceedings relating to such revision.Explanation - For the purposes of this clause "price of paddy" shall have reference to the price of paddy in respect of a year published by the State Government under any tenancy law or any other law for the time being in force] [Added vide Orissa Act No. 33 of 1970.].[(2-b) (i) where any property is settled under Section 7-A with any person referred to in that Section, the perpetual annuity payable to such person shall be revised.
(ii)For the purpose or such revision, the gross income in respect of such property taken into account in assessing the perpetual annuity shall be deducted from the gross-assets of such estate and the provisions, of Section 31 to 35 shall mutatis mutandis, apply.
(3)In the case where the interest of an Intermediary is subject to a mortgage or charge on the estate or portion thereof, the compensation shall be payable to the creditor holding such mortgage or charge in such proportion as hereinafter provided in full satisfaction thereof and the balance shall be payable to the Intermediary concerned. The amount of compensation payable to the creditor on account of such mortgage or charge shall be the amount determined under Chapter IV, which notwithstanding anything contained in any law for the time being in force, shall not exceed-
(i)fifty per centum of the compensation when the amount of such compensation is fifty thousand rupees or less;
(ii)thirty per centum when the amount of such compensation is above fifty thousand rupees and if less than one lakh of rupees; and
(iii)twenty per centum when the amount of such compensation is one lakh of rupees or above, and where there are two or more such creditors the compensation shall be payable to the body of creditors jointly in the aforesaid proportion,and in the order determined under the said Chapter.
(4)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 i.e. the amount of compensation payable to such person on account of such maintenance allowance shall bear the same ratio to the compensation payable to the Intermediary under Section 37, as his claim determined under [Sub-section (5)] [Substituted vide Orissa Act No. 28 of 1956.] of Section 20 bears to the net income of the Intermediary computed under Section 27 and shall be deducted from the compensation payable to such Intermediary.]