(1)On and from the date of vesting all lands used for agricultural or horticultural purposes, which were in khas possession of [an intermediary] [Substituted by Act 20 of 1954.] on the date of such vesting, including. -(a)(i)proprietor's private land let out under a lease for a term of years or under a lease, from year to year, referred to in Section 116 of the Bihar Tenancy Act, 1885 (8 of 1885),(ii)landlord's, privileged lands let out under a registered lease for a term exceeding one year or under a lease, written or oral, for a period of one year or less; referred to in Section 43 of the Chota Nagpur Tenancy Act, 1908 (Ben. Act 6 of 1908),(b)lands used for agricultural or horticultural purposes and held in the direct possession of a temporary lessee of an estate or tenure and cultivated by himself with his own stock or by his own servants or by hired labour or with hired stock, and(c)[ lands used for agricultural or horticultural purposes forming the subject-matter of a subsisting mortgage on the redemption of which the intermediary is entitled to recover khas possession thereof;] [Substituted by Act 16 of 1959.]shall, [subject to the provisions of Sections 7A and 7B] [Substituted by Act 16 of 1959.] be deemed to be settled by the State with such [intermediary and he] [Substituted by Act 20 of 1954.] shall be entitled to retain possession thereof and hold them as a raiyat under the State having occupancy rights in respect of such lands subject to the payment of such fair and equitable rent as may be determined by the Collector in the prescribed manner:[Provided that nothing contained in this sub-section shall entitle an intermediary to retain possession of any naukarana land or any land recorded as chaukidari chakran or goraiti jagir or mafigoraiti in the record of right has already accrued to a raiyat before the date of vesting.Explanation. - For the purposes of this sub-section, 'naukarana land' means land as a grant burdened with service in lieu of rent or held simply in lieu of wages for services to be rendered] [Substituted by Act 15 of 1974.]
