Chapter V-A ACQUISITION OF OCCUPANCY RIGHTS BY SETTLEMENT COMMISSIONER ON BEHALF OF CERTAIN TENANTS

Notwithstanding anything contained in Chapter V—

(1) where a tenant fails to apply for occupancy rights under sub-section (1) of section 28, for any reason whatsoever within 2 months of the date of the coming into force of the Saurashtra Land Reforms (Amendment) Act, 1955, or within such further period as the Government may, by notification in the Official Gazette specify, the Settlement Commissioner may furnish to the Mamlatdar the particulars specified in sub-section (2) of section 28 in respect of the holding of such tenant, and thereupon the Mamlatdar may after making such inquiry as may be necessary in the prescribed manner and hearing the parties and subject to any order of allotment under the provisions of Chapter IV, pass an order specifying therein-

(a) the holding or part thereof, in respect of which the Settlement Commissioner may be declared to hold it as an occupant in trust and on behalf of such tenant (hereinafter referred to as the occupancy holding);

(b) the assessment on such occupancy holding;

(c) the amount, not exceeding 6 times the assessment payable by the Settlement Commissioner to the Girasdar as compensation in respect of such occupancy holding.

(2) as soon as may be after the order under clause (1) is passed, the Mamlatdar shall issue an occupancy certificate, which shall be effective from the 1st August immediately following the date on which such order is passed in such form as may be prescribed.

Where an occupancy certificate has been issued by the Mamlatdar under section 41A in respect of any occupancy holding the following consequences shall, in respect of such holding, ensue from the date on which the occupancy certificate becomes effective, namely:-

(a) The Settlement Commissioner shall hold such occupancy holding free from all encumbrances, if any, made by the Girasdar, as an occupant in trust and on behalf of the tenant until the amount paid to the Girasdar by the Settlement Commissioner as compensation in respect of such occupancy holding is recovered in full from the tenant.

(b) The tenant shall pay to the Settlement Commissioner two and a half times the assessment, which he was paying to the Girasdar immediately before the coming into force of the Saurashtra Land Reforms (Amendment) Act, 1955.

(c) Out of the amount representing 2-1/2 times the assessment received from the tenant, the Settlement Commissioner shall cause the amount representing single assessment to be credited to Government and the remaining amount representing one and a half times the assessment shall be credited toward the amount paid to the Girasdar as compensation.

(d) All relations and obligations of the tenant as such to the Girasdar or to any person, claiming through or under the Girasdar in respect of such holding shall cease and, in particular tenant's liability to pay rent to the Girasdar in respect of the holding shall cease.

(e) The Girasdar shall cease to have any right to collect or receive any rent from the tenant or exercise any other right in respect of the holding and his liability to pay land revenue in respect of the holding shall cease.

(f) The Girasdar shall be entitled to receive and be paid compensation as provided under this Chapter:

Provided that nothing contained in clause (e) above shall apply to any arrears of rent which may be due to the Girasdar from the tenant on the date of commencement of the Saurashtra Land Reforms (Amendment) Act, 955.

After the amount of compensation referred to in clause (a) of section 41B is recovered in full from the tenant, the Settlement Commissioner shall transfer such occupancy certificate to the tenant in such manner and subject to such conditions, as may be prescribed.

The provisions of sections 33, 34, 36, 37 and 41 shall apply, so far as may be practicable and with such formal modifications as may be necessary to any case to which the provisions of this Chapter are applicable.