(1) On and from the vesting date, occupancy rights in respect of—
(a) any land (including grass land not capable of being used for the purpose of agriculture) which has not been put to agricultural use by an Alwara-holder or a Terem-holder and which vests in Government under section 3 shall be deemed to have been granted to the Alwara-holder or the Terem-holder, as the case may be, and nothing in this Regulation, except the provisions contained in sections 21, 22, 44, 45, 46, 47 and 48, shall be applicable to such land or to any matter connected with such land;
(b) any grass land capable of being used for the purpose of agriculture (including the sites of farm-buildings, if any, on such land) which vests in Government under section 3 and which, on the vesting date, is in the possession of an Alwara-holder or a Teremholder or a tenant shall be deemed to have been granted to the Alwara-holder or the Terem-holder or the tenant, as the case may be, subject to the conditions specified in sub-section (2);
(c) any other land which vests in Government under section 3 and which, on the vesting date, is under the personal cultivation of an Alwara-holder or a Terem-holder or a tenant (including the sites of farm-buildings, if any, appurtaining to such land which on the said date is in his possession) shall, subject to the provisions' of this Regulation, be deemed to have been granted to the Alwaraholder or the Terem-holder or the tenant, as the case may be:
Provided that nothing in this sub-section shall apply to—
(i) any forest land; or
(ii) any agricultural land which falls within the limits of a village site; or {Hi) any agricultural land possessed by an Alwara-holder or a Terem-holder or a tenant in excess of the ceiling area; or
(iu) any land in relation to which an application has been made under section 7 of the Free Dadra and Nagar Haveli Tenancy and Agricultural Lands Ordinance, 1961, for so long as such application has not been finally disposed of.
(2) The conditions referred to in clause (b) of sub-section (1) shall be the following, namely: —
(a) that at the end of two years from the vesting date, the Alwara-holder or the Terem-holder or the tenant, as the case may be, shall not possess grass land the extent of which is in excess of SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 475 one-fourth of the extent of agricultural land possessed by him on the vesting date;
(b) that the grass land, the extent of which is in excess of onefourth of the extent of agricultural land possessed by the Alwaraholder or the Terem-holder or the tenant, as the case may be, on the vesting date, shall be brought by him under cultivation within a period of two years from the vesting date subject to the further condition that at least one-half of such excess grass land shall be brought under cultivation within a period of one year from the vesting date:
Provided that if (for reasons beyond the control of the Alwaraholder or the Terem-holder or the tenant, as the case may be, proved to the satisfaction of the Collector on an application made by him in this behalf) one-half of the excess grass land could not be brought under cultivation in the first year, the Collector may grant permission to bring under cultivation in the second year such area of the excess grass land as has not been brought under cultivation in the first year:
Provided further that no such permission shall be granted after the expiry of a period of two years from the vesting date;
(c) that on failure to comply with the provisions of clause (b), the occupancy rights in respect of the grass land which remains uncultivated and which is in excess of the extent of grass land which can be possessed as such under clause (0), shall, on the expiry of a period of two years from the vesting date, stand forfeited to the Government free from all encumbrances and the provisions of sections 5, 21 and 22 shall apply to such land.
(3) Notwithstanding anything contained in sub-section (2), if the Administrator is satisfied that, having regard to the nature of any grass land, it is not practicable to bring such land or any part thereof under cultivation in accordance with the provisions of sub-section (2) he may, by order, for reasons to be recorded in writing, exempt such land or part thereof from the operation of that sub-section and thereupon occupancy rights in such land shall be deemed to have been granted to the Alwaraholder or the Terem-holder or the tenant, as the case may be, as if he has fulfilled the conditions specified in sub-section (2).
(4) For the purpose of clause (c) of sub-section (1), where an Alwaraholder or a Terem-holder, being a person under disability, has leased out any land possessed by him as such or any part thereof to a tenant, such Alwara-holder or Terem-holder, as the case may be, and not the tenant, shall be deemed to hav« personally cultivated such land or part thereof If,-
(i) immediately before the time of granting the lease, such land or part thereof was under his personal cultivation;
(ii) at the time of granting the loase, there was no male member in his family who could undertake the personal cultivation of such land or part thereof; and (Hi) at the time of granting the lease, he was a person under disability and continues to be so up to and inclusive of the vesting date.
476 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Grant of land on temporary lease.
Re-attachment of encumbrance*.
(5) Notwithstanding anything contained in sub-section (1),—
(i) where at the commencement of this Regulation there is a dwelling house on any land referred to In clause (b) or clause (c) of sub-section (I), but not being land covered by the proviso to that sub-section, and such dwelling house together with the land appurtenant thereto is in the occupation of a cultivator or an agricultural labourer or a village artisan, thf.n, the occupancy rights in respect of such dwelling house and the land appurtenant thereto shall be deemed to have been granted to the person in such occupation;
(ii) where a tenant possessed any land under his personal cultivation and the site of any farm-building on such land on the appointed day but not so on the vesting date and such tenant has been restored to possession of such land or part thereof or such farmbuilding under' section 43; then, the occupancy rights in respect of such land OT- part thereof or such farm-building shall be deemed to have been granted to .such tenant with effect from the date of restoration and the occupancy right, if any, granted to any person in respect of such land or part thereof or such farm-building shall cease to be effective from that date.
(6) No person shall transfer by way of sale, lease, mortgage, exchange or otherwise, any agricultural land, including any part thereof, in respect of which occupancy rights are deemed to have been granted to him under this section except in accordance with such rules as may be made in this behalf.
(7) Any transfer of land made in '/ontravention of the provisions of sub-section (6) shall be void and the occupancy rights in respect of the land so transferred ^hall stand forfeited to the Government.
(8) Any reference in this section to a "tenant" shall be deemed to include a reference to a person in possession of the land under a mortgage from a tenant.
5, Notwithstanding anything contained in section 9, on and from the vesting date, all lands which have vpstrrl in the Government under section 3 and which are possessed bv any nerson and in respect of which no occupancy rights are d?emod to have been granted under section 4, shall be possessed by that person ?s a: temporary lessee under the Government on such term1? and conditions, including payment of rent, as may be prescribed, and any such land may be resumed by the prescribed authority in accordance with the provisions of this Regulation.