Section 16: Land in which Khatedari rights shall not accrue

Notwithstanding anything in this Act or in any other law or enactment for the time being in force in any part of the State Khatedari rights shall not accrue in (i)pasture land; (ii) land used for casual or occasional cultivation in the bed of river or tank; (iii) land covered by water and used for the purpose of growing Singhara or other like produce; (iv) land under shifting or unstable cultivation; (v) land comprised in gardens owned and maintained by the State Governments; (vi) land acquired or held for a public purpose or a work of public utility; (vii) land which, at the commencement of this Act or at any time thereafter, is set apart for military encamping grounds; (viii) land situated within the limits of cantonment; (ix) land included within railway or canal boundaries; (x) land within the boundaries of any Government forest; (xi) municipal trenching grounds; (xii) land held or acquired by educational institutions for purposes of instruction in agriculture or for play- ground; and (xiii) land within the boundaries of a Government agricultural or grass farm; (xiv) land which has been set apart or is, in the opinion of the Collector, necessary for flow of water thereon in to any reservoir or tanka for drinking water for a village or for surrounding villages: Provided that the State Government may, by notification in the Official Gazette declare that any land which is under shifting or unstable cultivation, shall cease to be a land for such cultivation and thereupon such land shall be available for the grant of Khatedari rights and the State Government may by a like notification, declare that any land which was not at the commencement of this Act under shifting or unstable cultivation shall at any time after such commencement be under such cultivation from such date as may be specified in the notification and thereupon such land shall be available for such cultivation.