Section 46 in U.P. Zamindari Abolition and Land Reforms Rules, 1952
46.
(1)Subject to sub-rules (2) and (3), interim compensation payable to an intermediary under Section 29, shall be calculated on the basis of record of rights for the previous agricultural year and be-(a)in respect of permanently settled estates, a sum equal to one and one-half time the total amount of instalments on account of land revenue which but for acquisition would have been payable therefor [for the period] [Substituted by Notification No. 5647/I-A-1073-1953, dated 25.08.1953.], and(b)in respect of other estates, a sum equal to the total amount of such instalments :[Provided that interim compensation shall be payable to waqfs, trusts and endowments, which are for a charitable or religious purpose, in the form of interim annuity:] [Substituted by Notification No. 5647/I-A-1073-1953, dated 25.08.1953.]Provided further-(i)Where land revenue is assessed but is not payable the instalments payable during any period shall for the purpose aforesaid be treated as equal to the amount which would have been fixed it the land revenue had been payable.(ii)Where no land revenue is assessed the value of the instalment shall be calculated [on the basis of the local rates assessed.] [Added by Notification No. 5647/I-A-1073-1953, dated 25.08.1953.][(ii-a) In the case of an under-proprietor, a sub-proprietor, a permanent lessee in Avadh or a permanent tenure-holder, 90 per cent of the rent paid by him to the proprietor shall be treated as the land revenue for the purpose of calculating the amount of interim compensation.] [Added by Notification No. 5647/I-A-1073-1953, dated 25.08.1953.](iii)Where any estate is held both by a proprietor and by an under-proprietor or sub-proprietor or a permanent lessee in Avadh or a permanent tenure-holder, the land revenue payable by the proprietor shall for purposes aforesaid be deemed to be equal to the difference between the land revenue assessed and the rents payable by the under-proprietor, sub-proprietor, permanent lessee in Avadh or permanent tenure-holder as the case may be :[(iii-a) In case of an estate- [Added by Notification No. 5647/I-A-1073-1953, dated 25.08.1953.](i)in permanently settled areas-which was not assessed to land revenue,(ii)in temporarily settled areas-which was not assessed to land revenue or local rate,the land revenue shall, for the purpose of calculating the interim compensation, be computed according to Rule 40-A.][* * *] [Deleted by Notification No. 3266/I-A-1056-1954, dated 17.08.1954.](2)Any amount already paid to an intermediary on account of interim compensation under-sub-rule (1) shall be deducted in arriving at the amount which may be payable to him upon any second or subsequent application.(3)[Notwithstanding anything contained in sub-rules (1) and (2), the interim compensation for the year 1361 Fasli, shall be equal to the estimated instalment payable under Chapter IV for the amount of compensation entered on the roll in cases where the draft compensation assessment roll has been published.] [Substituted by Notification No. 4819/I-A-1042 1955, dated 16.09.1955.][Provided that the interim compensation for kharif and rabi 1360 shall be paid in accordance with sub-rule (1).] [Added by Notification No. 5647/I-A-1073-19S3, dated 25.08.1953.]
