(1)For the purposes of this Act, assessment shall mean, in relation to any land, until the village in which such land is situate is surveyed And settled, assessment calculated on an arithmetic average of assessment leviable in the surrounding and adjoining khalsa [or assessed non Khalsa] [These words were inserted by Saurashtra Act No. XV of 1962.] lands or villages.(2)For the purpose of determining the assessment on any land the Mamlatdar may hold an inquiry in the prescribed manner and fix the assessment on such land and the assessment so determined shall be published in such manner as may be prescribed:Provided that where the assessment so calculated is manifestly unfair, Government may modify it, keeping in view the above principle.(3)[ Where any land is surveyed [ * * * ] [Sub-sections (3) ,(4) and (5) were inserted by Saurshtra Act No. X.XXV of 1984.] Government may, by notification in the Official Gazette, direct that the assessment on the area of such land as determined by such survey shall be levied at the rate at which the assessment is fixed by Mamlatdar under clause (b) of sub-section (1) of section 30, from such date and in such manner as may be specified in such notification, and notwithstanding anything contained in this Act, the term "assessment" shall be construed accordingly in respect of payment of compensation to be made under section 33 after the date specified in such notification.](4)Nothing contained in sub-section (3) or any notification issued thereunder shall affect-(a)the land allotted to a Girasdar, as respects its area, or(b)the land in respect of which an occupancy certificate has been issued to a tenant, as respects its area, before the date specified in the notification issued under sub-section (3).(5)Where the amount of six times the assessment is paid by a tenant in respect of such land, and where after survey [ * * ] [The words 'and settlement' were deleted by Sau. Act No. XXX of 1955, s. 4(ii).] it is found that the land in respect of such payment was actually less than that declared, by the Girasdar, the amount so overpaid by the tenant shall be refunded to such tenant, and if it is found that such land was actually more than that declared by the Girasdar, then the tenant shall be liable to pay to the Girasdar the difference on account of the larger area.]
