Chapter V ACQUISITION OF OCCUPANCY RIGHTS BY TENANTS

and shall contain the following particulars, namely:-

(a) the area and location of the holding in respect of which the application is made ;

(b) the name of the Girasdar in respect of his holding ;

(c) full particulars of the holding containing-

(i) the approximate area of the land in his possession ;

(ii) approximate area of agricultural land, bagayat, jirayat, bid land and cultivable waste separately; and

(iii) the number and location of dwelling houses in his possession;

(d) particulars whether the dwelling-house was built at his cost or at the cost of his predecessor-in-title or of the Girasdar ;

(e) whether he holds khalsa land, and, if so, its area and location ; (f) whether he holds chav or buta huk, and, if so, its area and location; and (g) such other particulars as may be prescribed :

Provided that the Settlement Commissioner may direct generally or in any individual case that an application which is not in the prescribed form shall be accepted.

(3) The application shall be accompanied by a receipted chalan showing the payment into the treasury of the amount payable by the tenant under sub-section (1).

On receipt of any application under section 28, the Mamlatdar shall issue notice to the Girasdar concerned and, after giving the parties an opportunity of being heard, shall make an inquiry in the prescribed manner.

(1) After making such inquiry as may be deemed necessary the Mamlatdar may, subject to any order of allotment under the provisions of Chapter IV, pass an order specifying therein-

(a) the holding or the part thereof in respect of which the tenant may be declared to be an occupant (hereinafter referred to as an occupancy-holding);

(b) the assessment on such occupancy holding; and

(c) the amount payable by the tenant to the Girasdar as compensation in respect of such occupancy holding.

(2) If the amount deposited by the tenant falls short of the amount specified under clause (c) of sub-section (1), the Mamlatdar may direct the tenant to deposit the balance within such time as may be specified in the direction, and further action shall be taken by the Mamlatdar after such balance is deposited.

(3) Where an order under sub-section (2) has been made and the tenant has deposited the required amount, if any, the Mamlatdar shall issue an occupancy certificate in such form as may be prescribed in respect of the occupancy holding.

Where an occupancy certificate has been issued under section 30 by the Mamlatdar in respect of occupancy holding, the following consequences shall, in respect of the holding, ensue from the date on which the occupancy certificate becomes effective, namely:-

(a) tenant shall, in respect of the holding, become an occupant holding directly from the Government and shall have all the rights and obligations of an occupant under this Act and under the Code in respect of holding ;

(b) the occupant shall pay direct to the Government the assessment for the time being in respect of the holding ;

(c) all his relations and obligations as tenant to the Girasdar or to any person claiming through or under the Girasdar in respect of such holding shall cease and in particular, his liability to pay rent to the Girasdar in respect of the holding shall cease ;

(d) the occupant shall acquire his rights in the occupancy holding free from all encumbrances, if any, made by the Girasdar ;

(e) in any case of abandonment or relinquishment, or when an occupant dies intestate and without known heirs, or in any other such case, the right of reversion shall vest in the Government ;

(f) the Girasdar shall cease to have any right to collect or receive any rent from the occupant or exercise any other right in respect of the holding, and his liability to pay land revenue in respect of the holding shall also cease ;

(g) the Girasdar shall be entitled to receive and be paid compensation as provided under this Act :

Provided that nothing contained in clause (f) above shall apply to any arrears of rent that may be due to the Girasdar from the tenant on the date of the commencement of this Act.

An occupancy certificate issued under section 30 shall be effective-

(a) in any case in which an application under section 28 is made, within thirty days from the date of the commencement of the Saurashtra Land Reforms (Second Amendment) Ordinance, 1952 with effect from the 1st August, 1951:

Provided that in case where a person is declared as Girasdar under section 2(15) of the Saurashtra Land Reforms Act, 1951 occupancy certificate issued in respect of any application of a tenant of such Girasdar made within thirty days from the date of notification declaring such person as a Girasdar in the Official Gazette, shall be effective with effect from 1st August, 1951;

(aa) in any case in which an application under section 28 is made on or after 1st August, 1954, but before 31st December, 1954, with effect from 1st August, 1954;

(b) in any other case, with effect from the 1st August immediately following the date on which the application under section 28 is made:

Provided that where any agricultural land or any portion thereof is allotted to a Girasdar under the provisions contained in Chapter IV of this Act, either before or after the date on which an occupancy certificate issued to a tenant in respect of such land or a portion thereto has become effective under this section, the occupancy certificate issued to a tenant in respect of such land or portion thereof shall be deemed to have, and to have always had, no effect whatsoever, and on such allotment the following consequences shall ensue:

(i) all incidents of a Girasdari tenure shall be deemed to have applied, and to have always been applied, to such land or portion thereof upto the date of such allotment;

(ii) the amount of six times the assessment paid by a tenant in respect of such land or portion thereof shall be refunded to him, after deducting therefrom any amount found to be due from him to the Girasdar under section 7 in repsect of such land or portion thereof, in excess of the amount of assessment paid by him to Government.

(iii) Government shall pay to the Girasdar the amount of assessment recovered from the tenant in respect of such land or portion thereof and the amount deducted from the amount of six times the assessment as shown in clause (ii) above, after deducting therefrom twelve and a half per cent of the assessment on such land or portion thereof payable to Government under section 10.

(1) Subject to the provisions of section 35A, where an occupancy certificate has been issued under section 30 in respect of an occupancy holding, the Girasdar shall be entitled to withdraw the sum specified in the order of Mamlatdar from the amount deposited by the tenant and the tenant shall be entitled to withdraw the balance, if any, from the amount deposited by him, in accordance with rules to be made by the Government for the purpose :

Provided that if the occupancy holding in respect of which the certificate is issued is subject to any mortgage by the Girasdar to any person at the time of the issue of the certificate, and there is a dispute as to the persons to whom the amount or any part of it is payable * * * the Mamlatdar may keep the amount in deposit and refer the parties to a Civil Court :

Provided further that if there is a widow's Jiwai payable from estate and there is an application from the widow to the Mamlatdar in this behalf, the Mamlatdar shall keep the amount in deposit until such application has been finally disposed of in accordance with the provisions of section 35-A.

(2) Subject to the provisions of section 35-A, in addition to the compensation paid by the tenant in respect of the holding, the Government shall pay to the Girasdar as compensation every year for fifteen years an amount equal to the assessment on the holding as fixed by the Mamlatdar under clause (6) of sub-section (1) of section 30 :

Provided that in the case of a holding in respect of which, or in the produce of which, the interest of the Girasdar is limited, the amount of each annual instalment shall be reduced in proportion to the limited interest of the Girasdar in the holding in such manner as may be prescribed.

(3) An instalment under sub-section (2) shall become due and payable on the 1st day of February every year, the first instalment falling due on the 1st February, immediately following the date on which the occupancy certificate has become effective.

(4) If any such instalment which has fallen due is not paid within two months of the due date, interest at the rate of 3 percent per annum shall be paid by the Government to the Girasdar on that instalment.

(5) Remission or suspension of land revenue granted to a tenant shall not affect the payment by the Government of the compensation payable by it under this section,

The dwelling houses included in the occupancy holding shall vest in the occupant provided that if such a dwelling house or part of it had been built otherwise than at the expense of the tenant or his predecessor-in-title, it shall vest in the occupant free from all encumbrances, if any, made by the Girasdar on payment of such compensation to the Girasdar as may be determined, by the Mamlatdar in this behalf in accordance with the principles laid down in the Land Acquisition Act, 1894.

(1) Where any tenant has acquired chav or buta hak in respect of any land held by him, the Mamlatdar shall issue an occupancy certificate in respect of such land in such form as may be prescribed and the tenant shall not be liable to pay any amount to the Girasdar as compensation for such land.

(2) Nothing contained in sub-section (1) shall exempt the Government from paying compensation to the Girasdar in respect of such land and the provisions of sub-sections (2), (3), (4) and (5) of section 33 shall, subject to the provisions of section 35A, apply accordingly.

(1) Every widow-jiwaidar, who is entitled to get any maintenance allowance in ascertained sum from any Girasdar during her life time, may submit her claim for maintenance to the Mamlatdar in the prescribed manner.

(2) Every jiwaidar submitting her claim in compliance with the provisions of sub-section (1), shall furnish alongwith her written statement of claim, full particulars thereof and shall, within such time as the Mamlatdar may apponit, produce all documents which are in her possession, powers or control (including entries in books of accounts) on which she relies to support her claim, together with a true copy of every such document.

(3) After hearing the parties and making such inquiries as may be necessary, the Mamlatdar may, if he is satisfied that the amount of maintenance allowance was fixed-

(a) by a decree of a competent Civil Court, or

(b) by the orders of a competent authority of the late Western India States Agency or the Western India States Region or any Covenanting State or merged Taluka, or

(c) by a written agreement of the parties,

and was paid immediately before 1st January, 1948, pass an order directing that—

(i) the amount which the Mamlatdar may find as payable by the Girasdar to the jiwaidar before the date of his order shall be paid from the amount of compensations payable to the Girasdar under sub-section (1) of section 33:

Provided that where the amount of compensation has already been withdrawn by the Girasdar under sub-section (1) of section 33 or no such compensation is payable to the Girasdar under the provisions of sub-section (1) of section 35, the Mamlatdar may order that the amount of maintenance allowance which he may find as payable to the Jiwaidar before the date of his order shall be paid in such instalments as may be fixed by him from the amount of compensation payable annually to the Girasdar by the Government under subsection (2) of section 33 or sub-section (2) of section 35, as the case may be;

(ii) the amount of maintenance allowance accruing due to the jiwaidar after the date of his order shall be paid to her every year from the amount of compensation payable annually to the Girasdar by the Government under sub-section (2) of section 33 or sub-section (2) of section 35, as the case may be.

(4) The claim of the jiwaidar determined under subjection (3) shall have priority over any secured debt of any creditor of the Girasdar.

(5) If in any case a Mamlatdar is satisfied that any person claiming maintenance allowance under this section is not a "Jiwaidar" as defined in the Explanation to this section, he may order that she may seek redress in a competent Civil Court.

Explanation. - For the purposes of the section "Jiwaidar" means a widow of the family of a Girasdar, who is entitled to get from the Girasdar maintenance allowance fixed in the manner shown in clause (a), (6) or (c) in subsection (3) of this section.

On the payment by the Government of the last instalment of compensation payable under this Act, in respect of an occupancy holding, all the remaining rights, title and interest of the Girasdar in that holding shall be deemed to have been extinguished.

Notwithstanding anything contained in any contract or any law for the time being in force, no claim or liability, whether under any decree or order of a civil court or otherwise enforceable against a Girasdar for any money which is charged on, or is secured by a mortgage of, any land in the possession of a tenant shall be enforceable against the occupancy holding of an occupant and every such claim or liability shall be deemed to be a charge on the compensation payable to the Girasdar in respect of such land.

(1) Notwithstanding anything contained in the Transfer of Property Act, 1882, or any other law for the time being in force :-

(a) it shall be lawful for a tenant to mortgage the occupancy holding which he intends to acquire under the provisions of this Chapter in order to borrow money from the State Bank, or a Co-operative Society registered under the Bombay Co-operative Societies Act, 1925 (Bom. VII of 1925) as adapted and applied to the Saurashtra area of the State of Gujarat;

(b) such mortgage shall be deemed to be lawful and subsisting after the occupancy is acquired.

(2) The money so advanced shall be recoverable in the same manner as an arrear of land revenue.

(1) The Mamlatdar may, either of his own motion or on an application received in this behalf from a Girasdar, issue an occupancy certificate to the Girasdar in such form as may be prescribed in respect of the Gharkhed comprised in his estate and the land allotted to him in accordance with the provisions of Chapter IV.

(2) A Girasdar shall become an occupant in respect of his Gharkhed and the land allotted to him in accordance with the provisions of Chapter IV, as from the date of the issue of occupancy certificate.

A Girasdar specified in column 1 of the Third Schedule shall be liable to pay to the Government as land revenue on the land held by him as Gharkhed or the land allotted to him under the provisions of Chapter IV at the rates and for the periods shown in the corresponding entry in column 2 thereof.

The payments to be made by the Government to a Girasdar as compensation under this Act shall be deemed to be expenditure charged on the Consolidated Fund of the State of Gujarat.