Consequences of the issue of the occupancy certificate

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.