(5)If any such land is so used (a)without the written permission of the State Government being first obtained, or(b)otherwise than in accordance with the terms and conditions of such permission, or(c)after such permission having been refused under sub-section (3), or(d)without making any of the payments referred to in sub-section (4), the person originally holding the land as aforesaid for the purpose of agriculture as well as all subsequent transferees, if any, shall be deemed to be trespasser or trespassers, as the case may be, and shall be liable to ejectment from such land in accordance with section 91 as if he or they had occupied or continued to occupy such land without lawful authority and to every such proceeding the provisions of section 212 of the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955) shall apply as if such land and were in danger or being wasted, damaged or alienated :Provided that the State Government may, in lieu of having such person and the subsequent transferees so ejected from the land in question, allow him or them, as the case may be, to retain such land, use the same for any purpose other than that of agriculture on payment to the State Government, in addition to the urban assessment and premium' payable under sub-section (4), of such fine by way of penalty as may be prescribed.
