(1)When any land is held as a ghatwali or other service tenure and the holder of such tenure ceases to perform the service for any reason whatsoever he shall on an application filed either by a landlord or by the holder of such tenure be liable to pay such rent in cash for the use and occupation of the land, as may be determined by the Collector. Upon such determination of the cash-rent the incident of the said tenure shall be regulated by the provisions of this Act applicable to land held by an occupancy raiyat notwithstanding anything contained thereunder:Provided that if the service is rendered to a religious or charitable institution and not to a person or a family; or if the service is for the public in general, or for the Government the holder of such a service tenure shall not have the benefit of this Section.(2)In determining the rent, the Collector shall be guided by the same principles as are provided for determination of fair and reasonable rent under this Act.(3)Any suit for the ejectment of any person holding a service tenure instituted before the commencement of this Act, or any execution proceeding arising therefrom, shall be disposed of as if Section 235 of the Orissa Tenancy Act, 1913 (B. & O. Act 11 of 1913), as amended by this Act, had been in force at the time of the institution of the suit in the Court of the first instance.Explanation 1. - Any person who is recorded a 'jagirdar' in the record-of-rights of the last settlement shall be deemed as a holder of service tenure.Explanation 2. - Nothing provided here would affect the rights of any person who has already acquired right of permanent tenancy under the holder of a service tenure.
