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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 of respect of trust properties
1[6A. (1) A rent-receiver, whose interest in any estate, taluk, tenure, holding or tenancy held under wakf, wakf-al-al-aulad, debutter or any other trust, 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 interest at such time and in such manner as may be prescribed, an ad interim payment, as follows :-
 
 
 
 
(i) an annuity equivalent to so much of the net income of the estate, taluk, tenure, holding or tenancy as has been dedicated and applied exclusively to charitable or religious purposes without any reservation of pecuniary benefit for any individual;
 
 
(ii) for the portion of the net income, if any, of the estate, taluk, tenure, holding or tenancy, remaining after deduction of the annuity under clause (i), a sum calculated at the rate of three per centum of the amount of compensation payable of such portion of the net income under sub-section (1) of section 37.
 
 
 
 
(2) The amount of annuity referred to in clause (i) of sub-section (1) shall be determined in the same manner as is prescribed for the assessment of perpetual annuity under sub-section (3) of section 37 and the provisions of sub-section (4) of section 58 and sub-section (4) of section 59 shall apply in the matter of payment of such amount.
 
 
 
 
(3) For the purpose of clause (ii) of sub-section (1), the net income shall be determined in the manner provided in sub-sections (3) and (4) of section 6.
 
 
 
 
(4) A rent-receiver, whose khas land, held under wakf, wakf-al-al-aulad, debutter or any other trust, 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 as follows:-
 
 
 
 
(i) an annuity equivalent to so much of the net income of the land as has been dedicated and applied exclusively to charitable or religious purposes without any reservation of pecuniary benefit for any individual; and
 
 
 
 
(ii) for the remaining net income, if any, of the land, at the rate of three 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.
 
 
 
 
(5) The amount of annuity referred to in clause (i) of sub-section (4) shall be determined in the same manner as is prescribed for the determination of perpetual annuity under sub-section (1a) of section 39 and the provisions of sub-section (4) of section 58 and sub-section (4) of section 59 shall apply in the matter of payment of such amount.

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    Section 6A was inserted by section 9 of the East Bengal State Acquisition and Tenancy (Second Amendment) Act, 1952 (East Bengal Act No. VI of 1952)
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