(1) Where the right of user in any land has vested in the State Government under sub-section (3), or in the prescribed authority under sub-section (4), of section 11. the State Government or the prescribed authority, as the case may be, shall be liable to pay to the owner and to any other person whose right of enjoyment in that land .has been injuriously affected by reason of such vesting, compensation. calculated at ten per centunt of the market value of that land on the date of notification under sub-section (1) -of section 11.
(2) Where. in pursuance of any Slum Clearance and Redevelopment Scheme, any land or immovable property hasp been acquired, and has vested in the State GOvernment under sub-section t2). or in the prescribed authority under sub-.
section (3). of section 14, the State Government or the prescribed authority, as the case may be, shall be liable to pay—
(a) to each intermediary in respect of his rights and interests—
(i) in any land, an amount equal to twenty times, and
(ii) in any hut or other structure situated in the land and belonging to such intermediary, a further amount equal to five times, the net annual income of such intermediary from such land or such hut or other structure, as the case may be ;
(b) to every thika tenant in respect of the rights and interests in any land, huts or other structures thereon, at an amount equal to five times the net annuaL income of the thika tenant from such land, huts or other structures.
Erplanation.—In this sub-section,—
(i) "net annual income", in relation to any person, means the yearly average of hiS net income during a period of five consecutive years immediately pre-1 ceding the date of vesting;
(ii) "net income", in relation to any person, means• the amount arrived at by deducting from his gross income the following, namely:—
(a) the rents and taxes, if any, payable by such person in respect of the property concerned, and
(b) the cost of management and collection calculated at an amount not exceeding three per centhm of the gross income ;
(iii) "gross income", in relation to any person, means the income actually derived or derivable by such:
person:
'Provided that, where only a portion of any land is let out by any person for any period during the five consecutive years immediately preceding the date of vesting, the gross income of such person from the entire land or immovable property for such period shall be calculated on the basis of the income actually derived by him during such period for the portion so let out.
16, The compensation payable in respect of the acquisi- manneror tion of any interest under this Act either to one claimant or Payment.
THE CALCUTTA GAZETTE, EXTRAORDINARY, JANUARY 25, 1971 to several claimants jointly shall, subject to the provisions of this Act, be paid in the following manner, namely:— ta) payment in cash shall be made in accordance with the following Table, namely:— TABLE Net compensation. Payment to be made in cash.
(1) For the first Rs. ,5,000 or less of the amount.
(ii) For the next Rs. 6,000 or less of the amount.
(iii) For the next Rs. 5,000 or less of the amount.
(iy)r For the balance of the amount of compensation where such amount exceeds Rs. 15,000.
100 per centum of the amount of compensation payable.
70 per centum of the amount.
50 per centurn of the amount.
30 per centum of the amount by which the compensation exceeds Rs. 15,000;
(b) save as othewise provided in clause (a), the balance of the compensation, if any, shall be paid to the claimants at their option in cash or in bonds issued by the State Government or the prescribed authority, as the case may be, repayable at par and' maturing at the end of fifteen years from the date of vesting and carrying interest from the date of such vesting at the rate of five and a half per cent urn per annum.
Appeal. 17. (1) Any, person aggrieved by the amount offered to be' paid under sub-section (4) of section 14 or under section 15 or apportionment thereof may prefer an appeal to such appelate authority as may be appointed by the State Government by notification in this behalf and the decision of the appellate authority thereon shall be final.
(2) No person shall be appointed under sub-section (1) as an appellate authority to hear appeals under this Act unless he is, or has been, or is qualified for appointment as, a District Judge.
(3) An appeal shall be filed within such time and shall btu heard and disposed of in such manner and according to such procedure as may be prescribed.
CHAPTER IV Power to obtain information.
MISCELLANEOUS 18, (1) For the purpose of carrying out any of the provisions of this Act and the rules or schemes framed thereunder, the State Government or any prescribed authority may, by order, require any person to furnish such information in his possession within such time, not being earlier than thirty' days from the date of issue of the order, as may be specified' in the order.
(2) Every person required under sub-section (1) to furnish any information shall be deemed to be legally bound to do' so within the meaning of section 176 of the Indian Penal Code.
46 of 1860.
Power of entry.
19. Any officer of the prescribed authority duly authorised in this behalf may, with or without assistants and workmen, enter into or upon any land, hut or other structured in order-
1.;11 to make any incmirv_ insnertinn survey nr measure- *PART DJ THE CALCUTTA GAZETTE, EXTRAORDINARY, JANUARY 25, 1971* 996(4 46 of 1860.
(b) to take levels,
(c) to dig or bore into the sub-soil,
(d) to set out boundaries and intended lines of work,
(e) to mark levels, boundaries and lines by placing marks and cutting trenches, or
(f) to do any other thing, for the purpose of carrying out any of the provisions of this Act, the rules or schemes framed thereunder:
Provided that—
(a) no such entry shall be made between sunset and sunrise ; and
(b) no such entry shall be, made in any hut or other structure or enclosed court or garden attached thereto save with the consent of the occupier thereof and, in case such consent is withheld, after giving three days' written notice to the occupier.
(2) Any person authorised under sub-section (1) to enter any land, hut or other structure, and his assistants and workmen, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
5 of 1908.
20. For determining the amount payable under sub-section (4) of section 14, the officer referred to in that subsection, and for determining the amount payable under subsection (2) of section 15, the prescribed authority or the appellate authority, as the case may be, shall, subject to such rules as may be made under this Act, and in so far as such powers are necessary for carrying out the provisions of this Act, have power, to summon and enforce the attendance of witnesses, including the parties interested, and to compel the production of documents by the same means and so far as may be, in the same manner as is provided in the Code of Civil Procedure, 1908, with regard to a suit tried by a Civil Court.
Power to summon, etc.
21. No suit or proceeding shall lie against the State Government or any prescribed authority, and no suit, proceeding or prosecution shall lie against any person, for anything in good faith done or intended to be done in pursuance of this Act or any rule, scheme or order made thereunder.
Indemnity.
22. The provisions of any law for the time being in force Other laws in a slum area which are inconsistent with the provisions of to remain this Act shall, so long as this Act continues to apply to such suspended.
slum area, remain suspended in that area.
23. Notwithstanding the suspension of any law in force in a slum area by reason of the provisions of section 22, anything done, action taken or work undertaken under any such .law shall, if it is not inconsistent with the provisions of this Act, continue to be done, taken or undertaken, as the case may be, as if that area had not been declared under this Act to be a slum area.
Savings.
24. Where the State Government is of opinion that in Revocaview of the improvements made in a slum area or for any tion of other reason, the continuatim of the declaration of any area declara.
. tion 39 (j) THE ;CALCUTTA GAZETTE, EXTRAORDINARY, JANUARY 25, 19Z1 Power to make rules.