Amendment status not verified — confirm the current text below against the official source.
Computation of compensation payable for mines and minerals. - (1) The Compensation Officer shall prepare in the prescribed form and in the prescribed manner a Compensation Assessment-roll containing in respect of every [intermediary] in receipt of royalties on account of mines and minerals or directly working mines comprised in the estate or tenure - (a) his gross income and net income from such royalties: (b) his gross income from mines worked directly by him and the amount deemed to be his net income from royalties in respect of such mines; (c) the amount of compensation payable to him under the provisions of this Act for mines and minerals; and (d) such other particulars as may be prescribed. (2) For the purpose of clause (a) of sub-section (1), the gross income of [an intermediary] from royalties shall be the average annual income on account of royalties, calculated on the basis of the annual returns filed by the [intermediary] for the assessment of cess or income-tax during the period of twelve agricultural years preceding the agricultural year in which the date of vesting falls, or any shorter period for which such returns have been filed, and the net income from royalties shall be computed by deducting from the gross income so determined the average of the income-tax [and cess] paid thereon during the said period and the cost of collection at such rates as may be prescribed: Provided that any sum shown in either of the said annual returns as having been received by the [intermediary] by way of salami or premium shall not be taken into account calculating the gross income from royalties. (3) For the purposes of clause (b) of sub-section (1), the gross income of [an intermediary] from mines worked directly by him shall be the average annual gross income from such mines calculated on the same basis as that specified in subsection (2); and an amount equal to five per centum of the gross income so determined shall be deemed to be the net income from royalties which he might have derived in respect of such mines if he had leased them to another person. [(4) After the net income from royalties has been computed under subsections (2) and (3), the Compensation Officer shall proceed to determine the amount of compensation to be payable to the intermediary in accordance with the rates prescribed under sub-section (1) of Section 24.] (a) Where the amount of compensation can be fixed by agreement it shall be determined in accordance with such agreement; (b) Where no such agreement is reached within the prescribed period, the Compensation Officer shall refer the question of the determination of the amount of compensation of [a Mines Tribunal appointed under Section 12] [ x x x ] [(c) at the commencement of the proceeding before the Tribunal, the State Government and the [intermediary] shall state what in their respective opinion is a fair amount of compensation;] [(d) the Tribunal in giving its award shall have regard to the provisions of subsection (2) and (3) [x x x], and determine the amount of compensation to be payable to the [intermediary] at such rate which shall be not less than three and not more then twenty times of the net income from royalties as may appear to the tribunal to be fair and equitable;] [(e) every award made by the Tribunal under this sub-section shall be [final and shall be] communicated to the Compensation Officer who made the reference and thereupon he shall proceed to complete the compensation assessment-roll accordingly.] [26. Preliminary publication of Compensation Assessment Roll. - (1) (a) After the amount of compensation including the amount assessed as an annuity under clause (3) of Section 24 to be paid in respect of the interests of the intermediaries which have vested in the State under the provisions of this Act has been determined in accordance with the provisions of Section 24, Section 24A and Section 25, the Compensation Officer shall prepare the Compensation Assessment-Roll under Section 19 or Section 25, as the case may be, and when such roll has been prepared, the Compensation Officer shall - (i) cause to be published in the prescribed manner and for the prescribed period which shall not be less than thirty days, a draft of such roll together with a public notice stating that the amount of compensation specified in the draft is the entire amount of compensation payable in respect of the interest of the intermediary in the estate or tenure or part thereof as the case may be, and that the person named therein is presumed to be the only person entitled thereto and that objections, if any, in respect of any entry in the draft Assessment-roll may be filed by any person before the Compensation Officer within sixty days of the expiry of the said prescribed period; and (ii) send by registered post, with acknowledgement due, a copy of the draft together with a copy of the notice to the person whose name appears in the draft. (b) The Commissioner of the division, the Collector of the district or any other officer not below the rank of a Deputy Collector authorised in this behalf by the State Government may, before the publication of the draft Compensation Assessment-roll issue such directions to the Compensation Officer in regard to the computation of compensation and matters relating thereto as he may consider fit. (2) The Compensation Officer shall consider any objection which may be made under sub- section (1) to any entry in such draft Compensation Assessment-roll or to any omission therefrom and pass such orders thereon as he may consider fit. (3) Separate draft Compensation Assessment-roll shall be prepared and published under sub- section (1) for different proprietors and tenure-holders: Provided that it shall not be obligatory on the Compensation Officer to prepare a separate draft Compensation Assessment-roll for different members of a Joint Hindu family.]