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The State Acquisition and Tenancy Act, 1950 (East Bengal Act)

( ACT NO. XXVIII OF 1951 )

Chapter II

SPECIAL PROVISIONS FOR THE ACQUISITION OF THE INTERESTS OF CERTAIN RENT-RECEIVERS

Ad interim payment
6. (1) A rent-receiver, whose interests in any estate, taluk, tenure, holding or tenancy are acquired under sub-section (1) of section 3, shall, with effect from the notified date, be entitled to receive annually in cash in respect of such interests, at such time and in such manner as may be prescribed, an ad interim payment at the rate of one-third of the net income on account of the demands of rent and cesses for any period after the notified date collected from such estate, taluk, tenure, holding or tenancy, as the case may be, in respect of such interests in the year to which such a payment relates.
 
 
 
 
(2) A rent-receiver, whose khas land is acquired under sub-section (2) of section 3, shall, with effect from the notified date, be entitled to receive annually in cash in respect of such land, at such time and in such manner as may be prescribed, an ad interim payment at the rate of five per centum of the amount of compensation payable for such land under sub-section (1) of section 39 and the provisions of sub-sections (2), (3) and (4) of that section shall apply mutatis mutandis in the matter of determination of such amount.
 
 
 
 
(3) For the purposes of sub-section (1) the net income from any estate, taluk, tenure, holding or tenancy for any year shall be computed by deducting from the gross collections, made by the Government in such year from such estate, taluk, tenure, holding or tenancy on account of the demands of rents and cesses for any period after the notified date due to the interests acquired under sub-section (1) of section 3, the following:-
 
 
 
 
(i) an amount equivalent to the sums which were or are determined to have been payable annually for such interests immediately before the notified date on account of revenue or rent and cesses to the Government or to the immediate superior landlord, as the case may be;
 
 
 
 
(ii) an amount equivalent to the amount of the taxes on such collections that would have been assessable, at the average rates under the Bengal Agricultural Income-tax Act, 1944 or the Income-tax Act, 1922 had not the provisions of section 3 been applied;
 
 
 
 
(iii) the expenditure, if any, incurred for the maintenance of any irrigation or protective works in such estate, taluk, tenure, holding or tenancy if the outgoing rent-receiver was legally bound to maintain them; and
 
 
(iv) collection charges not exceeding twenty per centum of the gross collections.
 
 
 
 
Explanation.- In this sub-section, “average rates” means the average rates of taxes at which assessment was made for the last time, before the notified date, under the provisions of the Bengal Agricultural Income-tax Act, 1944, or the Income-tax Act, 1922.
 
 
 
 
(4) In determining the amounts of deductions under sub-section (3), the Revenue-officer shall be guided by such rules as may be made in this behalf by the Government.
 
 
 
 
1[(4a) Notwithstanding anything contained in sub-sections (1), (3) and (4), the Government may pay to any such rent-receiver in cash, at such time and in such manner as may be prescribed, a sum, in lieu of ad interim payment, provided for in sub-section (1), calculated at the rate of one-sixth of the net income of such interest determined under section 35 or section 36 as the case may be, in the Compensation Assessment-roll finally published under section 42, subject to modification if any under section 54, for each year of which ad interim payment is due to him under sub-section (1) but not paid under that sub-section.]
 
 
 
 
(5) Nothing in this section shall apply to any estate, taluk, tenure, holding, tenancy or land held under wakf, wakf-al-al-aulad, debutter or any other trust.

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    Sub-section (4a) was inserted by section 3 of the East Bengal State Acquisition and Tenancy (Second Amendment) Ordinance, 1961 (East Pakistan Ordinance No. XIV of 1961)
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