68. Settlement of house sites with existing owners thereof (Section 67 A)
(1)Where any person referred to in sub-section (1) of section 64 has built a house on any land referred to in section 63 of the Code, not being land reserved for any public purpose and such house exists on twenty-ninth day of November 2012, the site of such house shall be held by the owner of the house on terms and conditions prescribed in rule 64.Note:- For the removal of doubt it is hereby declared that the maximum area of the site settled under section 67-A (1) of the Code or the rules famed there under shall not exceed two hundred square meters.(2)Where any person referred to in sub-section (1) of section 64 has built a house on any land held by a tenure holder (not being a government lessee) and such house exists on twenty-ninth day of November 2000, the site of such house shall be deemed to be held by the owner of the house on the following terms and conditions -(a)the maximum area of the site settled under section 67-A (2) of the Code or the rules framed thereunder shall not exceed two hundred square meters.(b)the owner of the house as well as his heirs shall have a heritable interest in the site and shall also have unrestricted right to use the trees and wells existing on the site subject to existing rights of easements.(c)he shall have a right to use the site for construction of a residential house, subject to existing rights of easement.(d)the owner of the house shall not be liable to pay to the tenure holder or the State Government any future rent in respect of the site.(e)the succession over the site shall be governed by personal law which the house owner was subject to.(f)the owner of the house and his heirs shall not be liable to ejectment on any ground whatsoever.(g)if the building is abandoned or if the owner thereof dies without any heir entitled to succeed, the land or site shall escheat to the State.(h)the tenure holder shall be allowed remission of the proportionate land revenue for the portion of his holding settled under this rule with house owners. The land shall also be classified as abadi in the Khatauni maintained under the Code.Gaon fund and consolidated gaon fund
