(1) Where any land has been leased out by any person in contravention of the provisions of this Chapter or where any land is not resumed by the landlord within a period of one year of the landlord ceasing to be a person under disability, then, the tenant in respect of that land shall be entitled to get occupancy rights over that land.
(2) Any tenant entitled to get occupancy rights under sub-section
(1) may make an application to the prescribed authority in such form and containing such particulars as may be prescribed.
(3) After the receipt of an application under sub-section (2), the prescribed authority may make such inquiry as It deems fit and after giving an opportunity to the landlord and the tenant to be heard in the matter, if the prescribed authority is satisfied that the tenant is entitled tc Remission and suspension of rent.
Certain persons to be deemed to be tenants Tenants to get occupancy right* in certain cases.
490 THE GAZETTE OF INDIA EXTRAORDINARY |PARI II*- Restoration nf possession ofland iu certain cases.
Appeal against orders of prescribed authority.
get occupancy rights over the land, it may pass an order accordingly and thereupon the tenant shall be deemed to be the occupant of that land.
(4) Every tenant who is deemed to be the occupant of any land under this section shall be liable to pay compensation to the landlord calculated a i thirty-six times the annual land revenue assessment payable in respect of that land.
(5) The compensation payable under this section shall be paid in cash either in one lump or in annual instalments, not exceeding live, together with interest from the date on which he is deemed to be the occupant of the land on the unpaid balance at the rate of six per cent, per annum.
(6) The compensation payable under this section shall be a charge on the land.
CHAPTER VIII MISCELLANEOUS
43. (/) Where a tenant of any land has on or after the appointed day, surrendered, or been evicted from, such land or any part thereof and such surrender or eviction could not have taken place if the provisions of Chapter VII of this Regulation were in force and were applicable to such tenant on the date of such surrender or eviction, the prescribed authority may suo motu or on an application made within the prescribed period by the person who was the tenant, restore him to possession of the land or part thereof which he surrendered or from which he was evicted unless some other tenant, not being a member of the family of the landlord who evicted him, had bona fide been admitted to possession of such land and continues to be in such possession:
Provided that a tenant who has been evicted in accordance with the provisions contained In the Free Dadra and Nagar Haveli Tenancy and Agricultural Lands Ordinance, 1961, shall not be entitled to restoration under this section.
(2) Any application made under section 7 of the Free Dadra and Nagar Haveli Tenancy and Agricultural Lands Ordinance, 1961, which' is pending disposal at the commencement of this Regulation shall be deemed to be'an application made under sub-section (I) and shall be disposed of accordingly.
(3) The prescribed authority shall, before making an order under subsection (1) make such enquiry as it may deem fit and give an opportunity to the landlord to represent his case.