Amendment status not verified — confirm the current text below against the official source.
(7) Whenever any fishery or lands are requisitimned under section 4 or acquired under section 5 there shall be paid in the manner prescribed to every person interested. compensation, the amount of which shall be determined by the Collector in the prescribed manner in accordance with the principles hereinafter set out. (2) Where any fishery or lands are acquired compensation shall be payable at the rate of three times the net average annual income from the fishery or the lands, as the case may be. (3) Where any fishery or lands are requisitioned there shall be paid to every person interested compensation in respect of— (a) the requisition of such fishery or lands; and (b) any damage done during the period of requisition to such fishery or lands other than what may have been sustained by natural causes, The West Bengal Fisheries (Requisition and Acquisition) 5 Act, 1965. XX of 1965.] (Sections 9, 10.) (4) The principles to be followed in determining com- pensation under sub-section (3) shall be as follows, namely :— where the Collector and the person interested agree as to the compensation, the Collector shall make an award ordering payment of the agreed com- pensation; (ii) where the Collector and the person interested do not agree as to the compensation, or where the per- son interested cannot be traced or does not appear before the Collector when called upon to be pre- sent for the purpose of the determination of the compensation, the compensation to be determined by the Collector shall include the amount calcula- ted for the period of requisition of the fishery or lands at the rate of the net average annual income from such fishery or lands and the amount which the Collector considers necessary to compensate 41,e person interested for any damage referred to in clause (b) of sub-section (3) and the Collector shall make an award ordering payment of the compensation so determined. Explanation.—"Net average annual income" to be determined by the Collector for the purposes of sub-sections (2) and (4) shall mean— (a) in the case of agricultural land, one-third of the average value of the produce derived or deriv- able from such land during a period of five years immediately preceding the date of requisition ; (b) in the case of other land, the average income, less two per cent. of such income, derived or deriv- able therefrom during a period of five years immediately preceding the date of requisition; and in the case of a fishery, one-third of the average income from the fishery during a period of five years immediately preceding the date of requisi- tion.