1[(1) Where any excess land of a Bhumidhar vests in the Government, there shall be paid by the Government to the Bhumidhar an amount calculated at the rates specified in the Table below, namely:-
Class of land
Rates per hectare in rupees
|For the first 3 hectares||For the next 3 hectares||For the remaining area|
|(a) Land under assured irrigation and capable of yielding at least two crops in a year||5,000||4,400||4,000|
|(b) Land under assured irrigation and capable of yielding at least one crop in a year||2,500||2,200||2,000|
|(c) Any other land (including an orchard)||1,250||1,100||1,000|
Provided that where such excess land or any part thereof is in the possession of an Asami, the amount payable in respect of the land shall be apportioned between the Bhumidhar and the Asami in such proportion as may be determined by the competent authority in the prescribed manner, having regard to their respective shares in the net income from such land to be determined by the competent authority in the prescribed manner.
(2) In addition to the amount payable in respect of any excess land under sub-section (1), there shall also be paid an amount in respect of any structure or building, including wells, tube-wells and embankments constructed on such excess land and such amount shall be fifty per cent. of the market value of such structure or building and shall be paid to the person who has constructed the structure or building.]
(3) Where any excess land in respect of which 2[an amount] is payable is subject to any mortgage or other encumbrance, the amount due under the mortgage or other encumbrance in respect of such excess land, or where a transfer in respect of excess land is void by virtue of 3[sub-section (2) of section 7], the 9 consideration money paid by the transferee in respect of such excess land, shall be a charge on the 1[amount] payable in respect of the excess land to the person who has created the mortgage or encumbrance or, as the case may be, to the transferor.
(4) Where an Asami acquires Bhumidhari rights in respect of any excess land, 2[the amount] payable by him in respect of that land shall be equal to the amount which the Bhumidhar would have been paid 3*** under the proviso to sub-section (1) or sub-section (2), if the land had vested in the Government; and the amount shall, in the first instance, be paid to the Bhumidhar by the Government and shall be recovered from the Asami in such manner as may be prescribed
(5) Where any excess land of a religious or charitable institution vests in the Government such institution shall, in lieu of 1[the amount] payable under sub-section (1) or sub-section (2) be paid an annuity equal to the net annual income of the excess land and such net annual income shall be determined by the competent authority in the prescribed manner.
(6) The competent authority shall, after holding an inquiry in the prescribed manner, make an order determining the amount 4*** payable to any person under this section.
1. Subs. by Act 15 of 1976, s. 8, for sub-sections (1) and (2) (w.e.f. 8-12-1975).
2. Subs. by s. 8, ibid., for "compensation" (w.e.f. 8-12-1975).
3. Subs. by s. 8, ibid., for "sub-section (4) of section 7" (w.e.f. 8-12-1975).