Section 25: Computation of share of compensation in lieu of Nalbat

(I) Where a well is attached to any land in which Khatedari rights accrue under section 19 and by any person other than the landholder is entitled to realise Nalbat in respect of such well, the Sub-Divisional Officer shall determine the share payable to such person out of the amount of compensation payable to the landholder in respect of such land under sub-section (I) of section 23. (2) For the purpose of determining such share, the Sub-Divisional Officer shall calculate the average value of the right to such nalbat in the following manner, namely (a) Where a Nalbat is being realised in cash, the average value of the right thereto shall be calculated on the basis of the average of the annual amounts so realised during the five years immediately preceding the agricultural year in which such calculation is made. (b) Where it is being realised in the form of a share of the produce, such value shall be calculated on the basis of the average money value of such share according to the average of the prices of like produce during the five years immediately preceding the agricultural year in which such calculation is made. (3) The amount of compensation payable in respect of the right to Nalbat shall be ten times the average value of such right as determined under sub-section (2) subject to a maximum of fifty per cent of the present market value of the well. (a) Omitted (b) Omitted (c) Omitted (4) The present market value of a well shall be determined by the SubDivisional Officer, having regard to the following matters. Namely:- (i) the time of construction of the well. (ii) the present stage of repairs of the well (iii) the area irrigated by the well in a normal year. (iv) the average present cost of the construction of such well, and (v) such other matters as may be prescribed. (5) The share payable to the person entitled to realise Nalbat out of the compensation determined under section 2 ;hall in no case exceed fifty percent of 'such compensation.