(1)Notwithstanding anything contained in this Act, a tenant holding land-(a)under a person referred to in Sub-Clause (b) of Clause (26) of Section 4 ;(b)within a proprietor's private lands as defined in Section 123 ;(c)within lands acquired under the Land Acquisition Act, 1894 for the Government or any Local Authority or for a Railway company, or within a cantonment, while such lands remain the property of Government or any Local Authority or Railway company ;(d)within land owned by the Government or by any Local Authority which is used for any public work such as a road, canal or embankment, or is required for the repair or maintenance of the same, while such land continues to be so used or required ;(e)within land known as chur or diara which has not been held for twelve continuous years;shall not acquire a right of occupancy in such land or the status of a settled raiyat by reason of his holding such land :Provided that, in the case of land known as chur or diara, the Deputy Commissioner may, on the application of the landlord or the tenant, or on a reference from the Civil Court, and on payment of the prescribed fee, declare that such land has ceased to be chur or diara within the meaning of this section ; and thereupon all the other provisions of the Act shall apply to such land:Provided also that, for the purpose of determining whether such land has ceased to be chur or diara within the meaning of this section, the Deputy Commissioner shall, except for special reasons to be recorded in writing, make a local inquiry and have regard to such rules as may be prescribed.
