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State of Gujarat - Section

Section 8 in Gujarat Surviving Alienations Abolition Act, 1963

8. Occupancy rights in respect of lands held under a watan.- (1) Subject to the provisions of sub-sections (2) and (3) all alienated land held under a watan shall be and is hereby resumed.

(2)In the case of an alienated land held under a watan which is not a grant of soil and is held subject to a total or partial exemption from payment of land revenue or the commutation settlement in respect of which permits a transfer of the land-
(i)the resumption under sub-section (1) shall he by levy of full Assessment on the land in accordance with the Code and the rules made thereunder, and
(ii)the alienee, or, as the case may be, authorised holder holding the land shall be deemed to be an occupant of the land and shall he primarily liable to pay land revenue to the State Government in respect thereof in accordance with the provisions of the Code and the rules made thereunder.
(3)
(a)An alienated land held under a watan to which sub-section (2) does not apply, shall be regranted to the alienee or, as the case may be, authorised holder on payment by him or on his behalf to the State Government of the occupancy price equal to twelve times the amount of full assessment of such land within the prescribed period and in the prescribed manner and to shall be denied to be the occupant and be primarily liable to pay land revenue to the State Government in accordance with the provisions of the Code and the rules made thereunder:
Provided that where the land has not been assigned towards the emoluments of the person performing the service appertaining to the watan, the occupancy price shall be equal to six times the amount of the full assessment.
(b)The occupancy of the land regranted under clause (a) shall not be transferable or partible by metes and bounds without the previous sanction of the Collector and except on payment of such amount as the State Government may by general or special order determine.