Certain other lands in khas possession of intermediaries to be retained by them on payment of rent as raiyats having occupancy right

(1) On and from the date of vesting – (a) all lands used for agricultural or horticultural purposes which were in khas possession of an Intermediary on the date of such vesting. (b) lands used for agricultural or horticultural purposes and held by a temporary lessee or lessees of an Intermediary who owns either as Intermediary or in any other capacity less than thirty-three acres of land in total extent situated within the State. (c) lands used for agricultural or horticultural purposes and in possession of a mortgagee which immediately before the execution of the mortgage bond were in khas possession of such Intermediary shall, notwithstanding anything contained in this Act, be deemed to be settled by the State Government with such Intermediary and with all the share holders owning the estate and such Intermediary with all the share-holders shall be entitled to retain possession thereof and hold them as raiyats under the State Government 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 : (d) In the case of a trust estate, so much of the waste land such of the tanks in the possession of the Intermediary, which in both cases were being exclusively used for religious purposes immediately before the date of such vesting as may be specified – (i) in respect of trusts governed by the Orissa Hindu Religious Endowments Act, 1951 (Orissa Act 2 of 1952) and Shri Jagannath Temple Act, 1955 (Orissa Act II of 1955), by the Commissioner of Endowments appointed under the Orissa Hindu Religious Endowments Act, 1951. (ii) in respect of trusts governed by the Wakfs Act, 29 of 1954, by the Board of wakfs constituted thereunder; and (iii) in respect of other religious trusts, by such persons or authority as may be specified by the Collector of the district for the purpose. Provided that where the Intermediaries have come to any settlement among themselves regarding occupation of lands and file a statement to that effect before that Collector, the land shall be deemed to have been settled with the Intermediaries according to that settlement. Provided further that where any land or tank referred to in clause (d) is deemed to be settled under this section such settlement shall also be subject to such terms and conditions as may be prescribed. Provided also that the restriction regarding the total extent of land in the ownership of an Intermediary provided under clause (b) shall not apply in relation to a trust estate belonging to a deity of a religious institution (not being a Math within the meaning of the Orissa Hindu Religious Endowments Act, 1951) which vested in the State on or after the 18th day of March, 1974. Provided also that no land held by a temporary lessee of an Intermediary in respect of which such lessee has acquired the rights of a raiyat under the Orissa Land Reforms Act, 1960 prior to the commencement of the Orissa Estates Abolition (Amendment) Act, 1978, shall be settled with the Intermediary under clause (b). (2) [x x x x]