Section 13 in Gujarat Surviving Alienations Abolition Act, 1963
13. Compensation in respect of allowance in cash or kind.- (1) In the case of an alienation consisting of a cash allowance or allowance in kind, the alienee shall be paid-
(i)seven times the amount of cash allowance, or of the value of the allowance in kind as the as may be, if the alienation was hereditary or held in perpetuity, and(ii)three times the amount of cash allowance or of the value of the allowance in kind, as the case may be, if the alienation was not hereditary or not held in perpetuity;Provided that if any cash allowance or allowance in kind-(a)is payable to a widow for the purpose of maintenance, she shall be paid an amount equal to such allowance for the remainder of her life;(b)is payable to an alienee for the purpose of education, he shall be paid an amount equal to such allowance during a like period, and subject to the like conditions as are contained in the grant:Provided that where no period is fixed in the grant, the amount shall be payable for such period as the State Government may, in the circumstances of the case, determine;(c)is payable to an alienee who is a minor, the alienee shall either be paid until attainment of the age of twenty-one years an amount equal to the allowance or be paid seven times or, as the case may be, three times the amount of the allowance, payable under clause (i) or (ii), whichever be the greater;(d)is received by an alienee in respect of whom, upon application, made to it, within such period and in such manner as may be prescribed, the State Government is satisfied after such inquiry (if any) as it thinks fit, that he has no other source of income, or that if he has any other source of income it is insufficient for is livelihood, or that on account of old age, mental or physical infirmity or other reason he is incapable of earning a livelihood, or maintaining himself in a reasonable manner, he shall be paid as a compassionate payment such amount not exceeding such allowance, during his lifetime, or for such lesser period, as the State Government in the circumstances thinks just.(2)For the purpose of sub-section (1) the amount of cash allowance shall be the amount paid or payable to the alienee for the year immediately preceding the appointed day and the value of the allowance in kind shall he the value of the allowance in kind paid or payable to the alienee for the year immediately preceding the appointed day, such value being determined in the prescribed manner.
