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Classes of unarable land for cultivation regulation and prohibition of such land for cultivation.- (1) Land included unarable (pot kharab) in a survey number for purpose of agriculture only is of two kinds-
(a) that which is classed as unfit for agriculture at the time of survey including the farm or buildings or threshing floors of the holder;
(b) that which is not assessed because it is reserved or assigned for public purposes or because it is occupied by a road or recognised footpath, or by a tank or stream used by persons other than the holder for irrigation or for drinking or domestic purposes, or used for a burial or burning ground by any community or by the public, or because it is assigned for village potteries.
(2) Land falling in class (a) may be brought under cultivation at any time by the holder, and no additional assessment shall be charged therefor.
(3) The cultivation of land falling in clause (b) is hereby prohibited under Section 43:
Provided that, this prohibition shall not apply in the case of land occupied by a tank or stream, when such tank or stream is used for irrigation only, and waters only and which is in the sole occupation of the holder, or when the privilege of cultivating the dry bed of the tank or stream has been specially conceded to the holder.