SPECIAL PROVISIONS FOR PREPARATION OF COMPENSATION ASSESSMENT-ROLLS IN RESPECT OF PROPERTIES ACQUIRED UNDER CHAPTER II
Preparation of Compensation Assessment-roll in special cases46A. (1) The Government may, instead of proceeding under section 17 or section 31, by notification in the official Gazette, order that a Compensation Assessment-roll be prepared in respect of the properties of any rent-receiver acquired under section 3 on the basis of the returns, papers and documents furnished or taken possession of under sections 3A and 4.
(2) When an order is made under sub-section (1), the Revenue-officer shall verify such returns, papers and documents in the prescribed manner and make such corrections therein as may be necessary, and settle fair and equitable rents of all tenants immediately subordinate to such rent-receiver according to the principles laid down in sections 24, 25, 25A, 26 and 28.
(3) The Revenue-officer shall, after taking action under sub-section (2) prepare in the prescribed form and in the prescribed manner a Compensation Assessment-roll in which the gross assets and the net income of such rent-receiver and the Compensation to be paid to him in accordance with the provisions of this Act, together with such other particulars as may be prescribed, shall be specified.
Bar to jurisdiction of Civil Court46B. After an order has been made under section 46A, no Civil Court shall entertain any suit or application for the alteration or determination of rent of any land for which fair and equitable rent is required to be settled under sub-section (2) of that section; and if any such suit or application is pending before a Civil Court on the date of such order, it shall not be further proceeded with and shall abate.
Application of the provisions of sections 34 to 43 in the preparation of Compensation Assessment-roll under Chapter VA46C. In the matter of preparation and publication of a Compensation Assessment-roll under this Chapter,-
(a) the provisions of sections 34, 38 and 40 to 43 shall apply so far as they are applicable;
(b) the provisions of sections 37 and 39 shall apply in whole; and
(c) the provisions of section 35 shall apply subject to the following amendment, namely:-
for clause (a) of sub-section (1) of section 35, the following clause shall be deemed to have been substituted, namely:-
“(a) the gross assets of a rent-receiver shall be taken to consist of the aggregate of the rent and cesses which were payable to such rent-receiver by his immediately subordinate tenants for the agricultural year immediately preceding the notified date, and where such rent-receiver is the proprietor of an estate or the holder of a tenure, also of the aggregate of the fair and equitable rents determined under section 5 for such of his khas lands in that estate or tenure as he chooses to retain possession of under section 20:
Provided that in the case of a tenure holder or a raiyat or an under-raiyat or a non-agricultural tenant, the rent determined for any land, under sub-section (2) of section 46A, according to the principles of sections 24, 25, 25A and 28, shall, for the purposes of this clause, be deemed to be the rent payable for such land for such year by such raiyat, under-raiyat or non-agricultural tenant to his immediately superior landlord;”.
Net income of a recusant proprietor under Chapter VA46D. Notwithstanding anything contained in clause (c) of section 46C, in the case of a recusant proprietor of a temporarily settled private estate, the malikana payable to such proprietor in the agricultural year immediately preceding the notified date shall be deemed to be the net income of such proprietor computed under the said clause.
Consequences of final publication of Compensation Assessment-roll under Chapter VA46E. Notwithstanding anything contained in Chapter II, on the publication of a notification under sub-section (2) of section 43, declaring that a Compensation Assessment-roll prepared under this Chapter, has been finally published,-
(1) all tenants who became tenants directly under the Government under clause (e) of sub-section (4) of section 3 shall, with effect from the first day of the agricultural year next following the date of publication of such notification, pay to the Government rent for the lands held by them at the rates determined under this Chapter;
(2) with effect from the first day of the agricultural year next following the date of such publication of such notification, the ad interim payments under section 6 or section 6A, in respect of the rent-receiving interests or lands for which compensation has been assessed in the Compensation Assessment-roll to which such notification relates, shall cease; and the total amount of ad interim payments made under sub-section (1) or (2) or 4a of section 6 in respect of any such interests or lands, less an amount calculated at the rate of three per centum per annum on the amount of compensation assessed for such interests or lands in such roll from the date from which such ad interim payments for such interests or lands became payable under section 6 till the last day of the agricultural year in which such notification is so published, shall be deducted from the amount of such compensation;
(3) with effect from the first day of the Agricultural year next following the date of such publication of such notification, the interest of a rent-receiver in all lands in his khas possession of which he is not entitled to retain possession under section 20 and for which compensation has been assessed in such Compensation Assessment-roll shall, if not already acquired under sub-section (2) of section 3, be deemed to have been acquired by the Government and vest absolutely in the Government free from all encumbrances.]