Amendment status not verified — confirm the current text below against the official source.
Effect of provisions of this Act where inconsistent with other law.- The provision of this Act shall havae effect notwithstanding anything contained inany other law for the time being in force. [4. Procedure for effecting restoration of holdings sold for arrears of rent.- (1) If the holding of any Tana Bhagat raiyat has been sold in execution of a decree for arrears of rent due to the default, in payment of such arrears or decree, made by such raiyat in pursuance of any freedom movement launched or believed to have been launched in any of the years 1913 to 1942, the Deputy Commissioner shall on an application made in the prescribed form and in the prescribed manner by the Tana Bhagat raiyat or if he is dead, his legal representative or any other person duly authorised in this behalf by such Tana Bhagat raiyat or legal representative, for the restoration of such holding to the ownership and possession of the Tana Bhagat raiyat or, as the case may be, his legal representative, make an inquiry in the prescribed manner after giving the parties interested a reasonable opportunity of being heard. (2) If after the inquiry under sub-section (1) the Deputy Commissioner is satisfied about the claim of such Tana Bhagat raiyat or his legal representative he may require him to deposit with the Deputy Commissioner within the time allowed by him such sum as may be determined by him having regard to the amount for which the holding was sold to the auction purchaser or alienated, in any of the weys specified in sub-section (2) of section 6, to the person in possession of the holding , either in whole or in part, for valuable consideration and the amount of any Compensation for improvements effected to the holding which the Deputy Commissioner may deem fair and eqitable. (3) If the Tana Bhagat raiyat or as the case may be, his legal representative makes the deposit required under sub-section (2), the Deputy Commissioner shall make an order in writing restoring the holding to the ownership and possession of such Tana Bhagat raiyat or his legal representative. (4) Notwithstanding anything contained in sub-section (1), the Deputy Commissioner may, on receipt of any information or on his own knowledge, that the holding of any Tana Bhagat raiyat has been sold in execution of a decree for arrears of rent for the reason stated in sub-section (1), initiate of his own motion proceedings for restoration of such holding to the ownership and possession of such Tana Bhagat raiyat or, if he is dead, to his legal representative and thereupon the provisions of sub- sections (1), (2) and (3) shall apply mutatis mutandis to such proceedings: Provided that no proceedings shall be initiated under sub-section (1) or sub- section (4) after the 31st day of March, 1962. Explanation.- In this section- (i) “Parties interested ”means the auction-purchaser of the holding or any person who may be in possession of such holding by alienation in any of the ways specified in sub- section (2) of section 6, and (ii) “holding’, includes a portion of a holding.