Acquisition of occupancy rights by Settlement Commissioner

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.