- An occupancy certificate issued under section 30 shall be effective-(a)in any case in which an application under section 28 is made, [within thirty days from the date of the commencement of the Saurashtra Land Reforms (Second Amendment) Ordinance, 1952] [These words, figures and brackets were substituted for the words 'within five months from the date of the commencement of this Act' by Saurashtra Act No. XV of 1952.] with effect from the 1st August,1951:Provided that in case where a person is declared as Girasdar under section 2(15) of the Saurashtra Land Reforms Act, 1951 occupancy certificate issued in respect of any application of a tenant of such Girasdar made within thirty days from the date of notification declaring such person as a Girasdar in the Official Gazette, shall be effective with effect from 1st August, 1951;(aa)[ in any case in which an application under section 28 is made on or after 1st August, 1954, but before 31st December, 1954, with effect from 1st August, 1954;] [This clause was inserted by Saurashtra Act No. XXXV of 1954.](b)in any other case, with effect from the 1st August immediately following the date on which the application under section 28 is made:[Provided that where any agricultural land or any portion thereof is allotted to a Girasdar under the provisions contained in Chapter IV of this Act, either before or after the date on which an occupancy certificate issued to a tenant in respect of such land or a portion thereto has become effective under this section, the occupancy certificate issued to a tenant in respect of such land or portion thereof shall be deemed to have, and to have always had, no effect whatsoever, and on such allotment the following consequences shall ensue:(i)all incidents of a Girasdari tenure shall be deemed to have applied, and to have always been applied, to such land or portion thereof upto the date of such allotment;(ii)the amount of six times the assessment paid by a tenant in respect of such land or portion thereof shall be refunded to him, after deducting therefrom any amount found to be due from him to the Girasdar under section 7 in respect of such land or portion thereof, in excess of the amount of assessment paid by him to Government.(iii)Government shall pay to the Girasdar the amount of assessment recovered from the tenant in respect of such land or portion thereof and the amount deducted from the amount of six times the assessment as shown in clause (ii) above, after deducting therefrom twelve and a half per cent of the assessment on such land or portion thereof payable to Government under section 10.]
