(1)Notwithstanding anything in this Act, a raiyat-(a)who, in any part of the country where the custom of utbandi prevails, holds land ordinarily let under that custom and for the time being let under that custom, or(b)who holds land of the kind known as char or diara,shall not acquired a right of occupancy-in case (a), in land ordinarily held under the custom of utbandi and for the time being held under that custom, orin case (b) in the char or diara land,until he has held the land in question for twelve continuous years; and, until he acquires a right of occupancy in the land, he shall be liable to pay such rent for this holding as may be agreed on between him and his landlord.(2)Chapter VI shall not apply to raiyats holding land under the custom of utbandi in respect of land held by them under that custom.(3)The Collector may, on the application of either the landlord or the tenant, or on a reference from the Revenue Court, declare that any land has ceased to be char or diara land within the meaning of this Section; and thereupon all the provisions of the Act shall apply to the land.
