Chapter IX ACQUISITION OF PROPRIETARY RIGHTS BY OCCUPANCY

Definitions. In this Chapter, unless there is anything repugnant in the subject or context,- (a) “appointed day” means- (i) in relation to any person who at the commencement of this Act, is, or is deemed to be, an occupancy tenant, the date of such commencement; and (ii) in relation to any other person who, after the commencement of this Act, obtains a right of occupancy in respect of any land the date on which he obtains such right of occupancy; (b) “occupancy tenant” means a tenant who, immediately before the commencement of this Act, is recorded as an occupancy tenant in the revenue records, and includes a kismi tenant and a tenant who, after such commencement obtains a right of occupancy in respect of the land held by him whether by agreement with the landowner or through a Court of competent jurisdiction or otherwise, and includes also the predecessors and successors in interest of an occupancy tenant.

(1) As soon as may be after the commencement of this Act, the State Government shall appoint Land Reforms Officers, who shall be Revenue Officers of the rank of Assistant Collector of the First Grade, to carry out the purposes of this Chapter and Chapter X. (2) The officers appointed under sub-section (1) shall have the powers of Civil Court under the Civil Procedure Code, 1908, 5 of 1908 for the purpose of administering oaths, taking evidence and of enforcing the

Vesting of proprietary rights in occupancy tenants and extinguish-ment of corresponding rights of landowners. Notwithstanding anything to the contrary contained in any law, contract, custom or usage for the time being in force, on and from the appointed day all rights, title and interest (including the contingent interest, if any), recognised by any law, custom or usage for the time being in force, and including the share in the shamlat with respect to the land concerned, of the landowner in the land held under him by an occupancy tenant, shall be extinguished and such rights, title and interest shall be deemed to vest in the occupancy tenant free from all encumbrances, if any, created by the land owner.

The occupancy tenant shall be liable to pay to the landowner, whose rights have been extinguished under section 94, an amount equal to forty-eight times the land revenue and rates and cesses chargeable in respect of the land the proprietary rights of which vested in him under the said section.

Provided that if the land is subject to a mortgage with a bank the mortgage debt shall be the first charge on the amount payable by the occupancy tenant.

Determination of compensation payable to landowner. (1) The Land Reforms Officer shall cause to be prepared a statement of occupancy tenants, in a prescribed form giving amount payable therein estatewise, on receipt of the same from the Patwari, and he shall cause a notice to be served, in the prescribed form, to the landowner whose rights have been extinguished under section 94 and to the occupancy tenant concerned, stating therein the area of land vested and the amount proposed therefor, immediately after the appointed day in the manner prescribed. (2) On receipt of the notice, the affected person and in case of his death, his legal representative may prefer his objections, if any, with regard to the amount so proposed within a period of sixty days from the service of the notice: Provided that the Land Reforms Officer may entertain the objections after the expiry of the said period of sixty days, if he is satisfied that the affected person was prevented by sufficient cause from filing the objections within the prescribed time. (3) The Land Reforms Officer, after giving the parties concerned an opportunity of being heard and making such inquiry as may be necessary, shall determine the amount payable by the occupancy tenant to the landowner in accordance with the provisions of the last preceding section, and also apportion the amount thereof amongst the persons entitled, if there be more than one person. (4) Where the amount is payable to a minor or to a person having a limited interest, the Land Reforms Officer may make such arrangements as may be equitable having regard to the interest of the minor, the parties concerned and their reversioners.

Certain mortgages and charges not enforceable against land held by occupancy tenants. Notwithstanding anything to the contrary contained in any contract, or in any law, custom or usage 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 landowner for any money which is charged on, or is secured by mortgage of, any land held under him by an occupancy tenant shall be enforceable against the land and every such claim or liability shall be deemed to be charged on the amount payable to the landowner in respect of such land.

Payment of amount. (1) The amount determined under the foregoing provisions of this Chapter shall either be paid in cash or be deposited with the Land Reforms Officer by the occupancy tenant within a period of three months of the date of the determination of the amount. (2) In case the amount is not so paid or deposited within the aforesaid period, there shall be paid by the occupancy tenant on the amount an interest at the rate of 3 per centum per annum after the expiry of ninety days from the date of determination of compensation: Provided that the Land Reforms Officer may, on the application of the tenant to be made within the aforesaid period, having regard to the amount or for other reasons and after recording his reasons for so doing, allow the occupancy tenant to pay the amount in such half yearly instalments, not exceeding in any case six, as he thinks fit. (3) Where the occupancy tenant makes a default in the payment of the amount such amount due may be recovered in the same manner as an arrear of land revenue.

(1) Nothing in this Chapter shall apply to evacuee property as defined in the Administration of Evacuee Property Act, 1950 (31 of 1950) and the composite property as defined in the Evacuee Interest (Separation) Act, 1951, or the property vested in the, Central Government under section 12 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954. (2) Notwithstanding anything contained in sub-section (1), the provisions of this Chapter shall apply to- (a) a person who, after the appointed day, obtains right of occupancy from the Central Government under the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (44 of 1954); (b) an occupancy tenant of landowner who is an evacuee as defined in clause (d) of section 2 of the Administration of Evacuee Property Act, 1950 (31 of 1950);

(1) Any person aggrieved by an order made by the Land Reforms Officer may, within thirty days from the date of the order, prefer an appeal to the Collector in such form and manner as may be prescribed : Provided that the Collector may entertain the appeal after the expiry of the said period of thirty days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) Any person aggrieved by an order of the Collector may, within sixty days from the date of the order, prefer an appeal to the Commissioner in such form and manner as may be prescribed: Provided that the Commissioner may entertain the appeal after the expiry of the said period of sixty days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (3) With respect to all matters dealt with under this Chapter, the Financial Commissioner shall have the same power to call for, examine and revise the proceedings of the Land Reforms Officer, or the Collector or the Commissioner as provided in section 65 of this Act.

Bar of jurisdiction. Save as otherwise expressly provided in this Chapter, every order made by the Collector, Commissioner or Financial Commissioner shall be final, and no proceeding or order taken or made under this Chapter, shall be called in question by any Court or before any officer or authority.

Bar to legal proceedings. No prosecution, suit or other legal proceeding shall lie against the State Government or any officer or authority for anything which is in good faith done or intended to be done in pursuance of this Chapter or of any rules made thereunder.

(1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this chapter. (2) In particular, and without prejudice to the generality of the fore-going power, such rules may provide for all or any of the following matters, namely:- (a) the form of notice and the manner in which notices may be served under this Chapter ; (b) the manner in which inquiries may be held under this Chapter; (c) the manner in which amount may be determined and paid; (d) the manner in which appeals and applications for revisions may be filed ; (e) any other matter which has to be, or may be prescribed.