(1) Notwithstanding anything in any law, custom, usage, settlement, grant, sanad or order, a watandar whose watan is abolished or a hissedar who ceases to be entitled to the right to perform the duties of a hereditary village office, in consequence of the provisions of this Act shall be paid an amount equal to seven times the onethird of the amount or the average scale of remuneration to which such watandar or hissedar is entitled annually immediately prior to the appointed day:
Provided that where there are more than one person as watandar or hissedar, each of such persons shall be entitled to receive such sum in proportion to his share in the watan.
Explanation:- (a) In calculating the average scale of remuneration, three immediately preceding years scale of remuneration shall be taken into consideration.
(b) For the purposes of this section, a gumastha, deputy or substitute, officiating for the watandar or hissedar shall not be entitled to receive any such amount.
(c) The term ‘’remuneration’’ means the commission received by the waandar on the land revenue collected, and does not include any other allowances payable to the watandar.
(2) The amount payable under this section shall be paid within a period of 1[twenty-one months] from the appointed day-
(i) in a case where such amount does not exceed five thousand rupees, in one lumpsum; and
(ii) in any other case, in two equal instalments.
(3) In the event of the death of the watandar or hissedar before payment in full, or after payment in part, of the amount referred to in sub-section (1), the amount which remained so unpaid on his death shall be paid to his legal heir or heirs.
5. Method of determining amount for extinguishment of other rights –
(1) If any person is aggrieved consequent on the extinguishment or modification of any rights to, or interest in his property and if no amount for such extinguishment or modification has been provided for in this Act such person may apply to the Collector for payment of an amount therefor.
(2) An application under sub-section (1) shall be made to the Collector in the prescribed form and within the prescribed time.
(3) The Collector shall, on receipt of such application and after holding an enquiry in the prescribed manner, make an award determining the amount payable in the manner and according to the method provided for in
1. Substituted by the Act No. 11 of 1979, S.2.
sub-section (1) of section 23 and section 24 of the Land Acquisition Act, 1894 (Central Act 1 of 1894).