Section 7 in The Bombay Inams (Kutch Area) Abolition Act, 1958
7. Conferment of occupancy rights in respect of land in inam village or of inam land to which section 6 does not apply.
(1)In the case of any land comprised in an inam to which the provisions of section 6 do not apply-(a)if such land is in the possession of the inamdar as Gharkhed land, the inamdar,(b)if such land is held by a person as sub-inam, such person,(c)if such land is in the possession of a butadar, ret butadar or any other person holding it as a tenant, such butadar, ret butadar or other person, and(d)if such land is in the possession of a person holding through or from the inamdar and to whom clauses (b) and (c) do not apply, the inamdar, shall be primarily liable to the State Government for the payment of land revenue in respect of the land and he shall, subject to the provisions of sub-sections (2), (3), (4) and (5), be entitled to all the rights and shall be liable to all the obligations in respect thereof as an occupant under the Code and the rules made thereunder.(2)The occupancy conferred on the holder of a Kamipasa or Varduka sub-inam under clause (b) of sub-section (1) shall not be transferable or partible by metes and bounds without the previous sanction of the Collector and except on payment of such sum to the State Government as the State Government may, by general or special order, determine.(3)(i)In the case of land referred to in clause (b) of sub-section (1), if such land is held by a person as a Kamipasa or Varduka sub-inam such person shall be liable to pay to the Inamdar an occupancy price equal to six times the amount of the full assessment of such land [and in addition the cost of improvement if any, determined under section 7A] [These words, figure and letter were inserted by Gujarat 42 of 1961, section 4(1)(i).] within [such period not later than the 31st March, 1967 as may be prescribed] [These words, figures and letters shall be and shall be deemed always to have been substituted for words 'the prescribed period' by Gujarat 10 of 1966, section 3.] in lump sum or in such annual instalments as may be prescribed.(ii)In the case of land referred to in clause (c) of sub-section (1),-(a)the ret butadar shall be liable to pay occupancy price equal to three times the amount of the full assessment of such land, [and in addition the cost of improvement if any, determined under section 7A] [These words, figure and letter were inserted by Gujarat 43 of 1961, section 4(1)(i).], and(b)the person holding as tenant shall be liable to pay occupancy price equal to six times the amount of the full assessment of such land, [and in addition the cost of improvement, if any, determined under section 7A] [These words, figure and letter were inserted by Gujarat 43 of 1961, section 4(1)(i).]to the inamdar within [such period not later than the 31s1 March, 1967 as may be prescribed] [These words, figures and letters shall be and shall be deemed always to have been substituted for words 'the prescribed period' by Gujarat 10 of 1966, section 3.] and in the manner provided in sub-section (4):Provided that in the case of a tenant the occupancy price [and the cost of improvement, if any] [These words were inserted by Gujarat 43 of 1961, section 4 (l)(ii).], may be paid in three equal instalments at such intervals as may be prescribed:Provided further that the payment of the occupancy price [and the cost of improvement, if any] [These words were inserted by Gujarat 43 of 1961, section 4 (l)(ii).] to the inamdar shall be subject to the provisions of sections 8 and 9.(4)The holder of a Kamipasa or Varduka sub-inam, the ret butadar or, as the case may be, the tenant liable to pay the occupancy price [and the cost of improvement, if any] [These words were inserted by Gujarat 43 of 1961, section 4 (2).], under clause (i) or (ii) of sub-section (3) shall deposit [the amount which he is liable to pay] [These words were substituted for the words 'the amount of the occupancy price', by Gujarat 43 of 1961, section 4 (2).] with the Collector within the period prescribed under sub-section (3).(5)If any person liable to pay to the State Government or, as the case may be, to the inamdar, the occupancy price [and the cost of improvement, if any] [These words were inserted, by Gujarat 43 of 1961 section 4(3).] under sub-section (3) fails to pay the same within the prescribed period, it shall be recoverable as arrears of land revenue and if it is not so recovered [before the end of December, 1986] [Substituted by Gujarat 9 of 1986, dated 25th February 1986 (w.r.e.f 31-12-1985).] the person shall be deemed to be unauthorisedly occupying Government land and shall be liable to summarily evicted therefrom in accordance with the provisions of the Code.(5A)[. In the case of a person who, before the date of the commencement of the Bombay Inams (Kutch Area) Abolition (Amendment) Act, 1972 was deemed to be unauthorisedly occupying Government land and to have become liable to be summarily evicted therefrom by reason of the non-recovery from him of occupancy price and the cost of improvement, if any, under sub-section (5) before the end of September, 1971-(i)if such person pays the occupancy price and the cost of improvement, if any, or such price and cost, if any, are recovered from him [before the end of December, 1986] then, such person shall not be deemed to be or to have been unauthorisedly occupying Government land, and to be or to have become liable to be summarily evicted therefrom on the ground of non-payment by him or non-recovery from him of such price and cost before the end of September, 1971;(ii)if such person has been evicted from the land on the ground of non-recovery from him before the end of September, 1971 of occupancy price and cost of improvement, if any, the possession of the land shall, on the commencement of the aforesaid Act, be forthwith restored to him, subject to the provisions of clause (i), by the Collector suo-motu or on application made in that behalf by such person provided the possession of the land has not been handed over to the inamdar who is entitled to become an occupant under sub-section (6)].(6)Where under sub-section (5) a holder of a Kamipasa or Varduka sub-inam, a rent butadar or a tenant is deemed to be unauthorisedly occupying the land, the land shall be deemed to be vested in the inamdar as the occupant thereof free from incumbrances, if any, created thereon by the holder of the Kamipasa or Varduka sub-inam, the ret butadar or the tenant and the inamdar shall be primarily liable to the State Government for the payment of the land revenue in respect of such land in accordance with the provisions of the Code and the rules made thereunder.Explanation. - If any land referred to in this section is mortgaged to a person who is also a butadar or ret butadar or tenant of the land, then notwithstanding such mortgage, such person shall without prejudice to his rights as a mortgagee be deemed to be a butadar, ret butadar or as the case may be, a tenant of such land for the purposes of this section.
