(1) If the Collector is satisfied, on such inquiry as he thinks fit, that any culturable land was lying fallow continuously for a period of two years ending with the 15th June of any year, on account of the inability or negligence of the occupier to cultivate the same, the Collector may settle the land, for the purpose of cultivation with a person, who has, in his opinion, the means to cultivate it and is willing to do so:
Provided that where any culturable land has once been settled by the Collector under this sub-section, he shall before making a fresh settlement cause a notice to be served on the occupier to communicate to the Collector, within a period of thirty days from the date of the service of the notice whether such occupier wants to cultivate such land after the expiry of the period of settlement; and if the occupier fails to send any communication to the Collector within the said period of thirty days or informs the Collector that he does not want to cultivate the land, the Collector may settle the land again with any person under this sub-section.
(2) The settlement shall be made under a written lease in such form as may be prescribed by the State Government. The lease shall be kept in the office of the Collector and copies thereof shall be made over to the occupier and to the emergency tenant.
(3) Such settlement shall remain operative up to the 15th June of the year following the year in which the settlement is made.
(4) The emergency tenant shall not sell, mortgage, lease or otherwise transfer any interest in such land or any portion thereof.
(5) The interest of the emergency tenant in such land (including the crops grown thereon) shall not be liable to be attached or sold in execution of a decree or order of a Court:
Provided that this restriction shall not apply to the execution of a decree or a certificate under the Bihar 3/5 and Orissa Public Demands Recovery Act, 1914 (B. & O. Act IV of 1914), for arrears of rent obtained in respect of the same land which is sought to be attached or sold.