(a) land which immediately before the commencement of this Act was sir under the provisions of the Agra Tenancy Act, 1926, or the Oudh Rent Act, 1886;
Provided that if, at the commencement of this Act, the sir holder is assessed in Uttar Pradesh to a local rate of more than twenty-five rupees, land which was sir under the provisions of clause (d) or clause (e) of Section 4 of the Agra Tenancy Act, 1926, or of clause (c) or clause (d) of sub-section (17) of Section 3 of the Oudh Rent Act, 1886, shall on this Act coming into force cease to be sir unless it was -
(i) [ U.P. III of 1926. XXII of 1886 U.P. III of 1901 ] before the first day of July, 1938, received otherwise than in accordance with the provisions of Section 122 of the United Provinces Land Revenue Act, 1901, or
(ii) before the commencement of this Act, received in accordance with the provisions of that section,
in exchange for land which was sir under the provisions of clause (a) or clause (b) or clause (c) of Section 4 of the Agra Tenancy Act, 1926, or of clause (a) or clause (b) of-sub-section (17) of Section 3 of the Oudh Rent Act, 1886 :
[ U.P. III of 1926 XXII of 1886 ] Provided further that the provisions of the first proviso shall apply to a sir-holder who was not at the commencement of this Act assessed into Uttar Pradesh to a local rate of more than twenty-five rupees, if he or his predecessor in-interest was so assessed on the 30th June, 1938, unless the local rate assessed on him has been decreased by resettlement or by revision of settlement or unless since that day he obtained his sir rights by succession or survivorship:
Provided also that if the land to which the provisions of the first proviso apply was joint sir of several sir holders and all such joint sir holders are not sir holders to whom such provisions apply, such land shall not cease to be sir at the commencement of this Act, but shall remain sir until that portion of it which is the sir of those joint holders to whom such provision apply is demarcated under the provisions of this Act;
(b) land which was khudkasht and which is demarcated as sir under the provisions of this Act.
Explanation - If any portion of the land revenue assessed on the sir holder's land has been remitted owing to fall in the price of agricultural produce, the local rate payable by him shall, for the purposes of this section, be deemed to have been reduced in the same proportion.
Provided that if, at the commencement of this Act, the sir holder is assessed in Uttar Pradesh to a local rate of more than twenty-five rupees, land which was sir under the provisions of clause (d) or clause (e) of Section 4 of the Agra Tenancy Act, 1926, or of clause (c) or clause (d) of sub-section (17) of Section 3 of the Oudh Rent Act, 1886, shall on this Act coming into force cease to be sir unless it was -
(i) [ U.P. III of 1926. XXII of 1886 U.P. III of 1901 ] before the first day of July, 1938, received otherwise than in accordance with the provisions of Section 122 of the United Provinces Land Revenue Act, 1901, or
(ii) before the commencement of this Act, received in accordance with the provisions of that section,
in exchange for land which was sir under the provisions of clause (a) or clause (b) or clause (c) of Section 4 of the Agra Tenancy Act, 1926, or of clause (a) or clause (b) of-sub-section (17) of Section 3 of the Oudh Rent Act, 1886 :
[ U.P. III of 1926 XXII of 1886 ] Provided further that the provisions of the first proviso shall apply to a sir-holder who was not at the commencement of this Act assessed into Uttar Pradesh to a local rate of more than twenty-five rupees, if he or his predecessor in-interest was so assessed on the 30th June, 1938, unless the local rate assessed on him has been decreased by resettlement or by revision of settlement or unless since that day he obtained his sir rights by succession or survivorship:
Provided also that if the land to which the provisions of the first proviso apply was joint sir of several sir holders and all such joint sir holders are not sir holders to whom such provisions apply, such land shall not cease to be sir at the commencement of this Act, but shall remain sir until that portion of it which is the sir of those joint holders to whom such provision apply is demarcated under the provisions of this Act;
(b) land which was khudkasht and which is demarcated as sir under the provisions of this Act.
Explanation - If any portion of the land revenue assessed on the sir holder's land has been remitted owing to fall in the price of agricultural produce, the local rate payable by him shall, for the purposes of this section, be deemed to have been reduced in the same proportion.
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