Amendment status not verified — confirm the current text below against the official source.
(1) Where ownership or possession or both of any land *[is or are vested] in the Government under section 96 or section 97, such person shall be entitled to compensation. Where the rights of an intermediary are extinguished, such intermediary shall also be entitled to compensation. *[ (1A) Notwithstanding anything contained in sub-section (1), no person shall be entitled to any compensation in respect of any land owned by the Government and held by him under lease or otherwise. (2) The compensation payable to an owner for vesting in the Government of ownership and possession of land shall be an amount calculated at the rates specified in schedule III. (3) The compensation payable to the landowner, intermediary or cultivating tenant for the vesting in the Government or extinguishment of his rights shall be the portion of an amount calculated at the rates specified in Schedule III that will fall to his share if such amount were apportioned among the landowner, cultivating tenant and intermediary, if any, in respect of the land according to the following provisions:- ________________________________________________________________________ * Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32 dated 30.03.1981. 176 (i) ninety per cent of the portion of the compensation for the site of any homestead or hut in the occupation of a kudikidappukaran shall be deducted from the total amount of compensation; (ii) the balance remaining after deducting the amount referred to in clause (i) shall be apportioned among the landowner, the intermediaries and the cultivating tenant in proportion to the profits derivable by them from the land immediately before the surrender, assumption or vesting in the Government, as the case may be. Explanation. --- “Profits derivable from the land” shall be deemed to be equal to, --- (i) in the case of a landowner, the rent which he was entitled to get immediately before the commencement of the Mahe Land Reforms (Amendment) Act, 1980 from the tenant holding immediately under him; (ii) in the case of an intermediary, the difference between the rent which he was entitled to get immediately before the commencement of the Mahe Land Reforms (Amendment) Act, 1980 from his tenant and the rent for which he was liable to his landlord immediately before that day; and (iii) in the case of a cultivating tenant, the difference between the net income and the rent which he was liable to pay immediately before the said day. (3A) Notwithstanding anything contained in sub-sections (2) and (3), where the compensation due under those sub-sections to an adult unmarried person, family or any other person (other than a joint family), as owner, landowner, intermediary or cultivating tenant or in any two or more of such capacities exceeds one lakh rupees, the compensation payable shall be limited to the amount specified in the Table below : -- 177 TABLE Scales of Compensation Total amount of compensation Rate On the first Rs. 1 lakh 100 per cent On the next Rs. 50,000 50 per cent On the balance amount 25 per cent Provided that the compensation payable shall in no case exceed Rs.2 lakhs.] (4) *[Where the rights of a mortgagee in possession are vested in the Government, -- ] (i) where the ownership of the land mortgaged *[has vested in the Government], the mortgagee shall be treated as a holder of an encumbrance in respect of the land, and the encumbrance shall be discharged as provided in sections 101 and 102; (ii) in other cases, the Government shall pay to the mortgagee the amount to which he would have been entitled under clause (i) if the ownership of the land mortgaged *[had vested in] the Government, and hold the land as mortgagee with possession with all the rights and liabilities of the mortgagee. *[ (5) For the removal of doubts, it is hereby declared that the compensation payable under this section in respect of a land shall be deemed to include the compensation for growing crops and improvements, if any, thereon and that no person shall be entitled to any amount other than the compensation payable under this section for the vesting in the Government or extinguishments of his rights (including his rights in respect of growing crops and improvements, if any) in respect of the land]. Payment of advance towards compensation