(1) Subject to and in accordance with the provisions of this section the Government shall determine in the manner prescribed for all or any class of land in any local area, the area of a family holding which a family of five persons including the agriculturist himself, cultivates personally according to local conditions and practices and with such assistance as is customary in agricultural operations and which area, will yield annually a produce the value of which, after deducting fifty per cent, therefrom as cost of cultivation, is Rs. 800 according to the price levels prevailing at the time of determination.
(2) The Government shall determine the extent of land which shall be regarded as a family holding for each class in each kind of soil in all the local areas which may be determined for 20[the area to which this Act extends] subject to the limits specified below, shall notify in the 19[Official Gazette] the ‗local areas‘ and the extents so determined not later than six months from the date on which the Hyderabad Tenancy and Agricultural Lands (Amendment) Act, 1954, comes into force and shall lay a copy of the Notification before the Legislature if it is in session, and if it is not in session when it next reassembles.
18. Substituted by Act No.III of 1954.
19. Substituted for the word ―Jarida‖ by the A.P.A.O. 1957.
20. Substituted for the words ―the State‖ by the A.P.A.O. 1957.
Determination of area of Family Holdings.
Specification of local areas.
8 [Act No.XXI of 1950] Limits:- (1) Wet land – Single Crop each year, all kinds of soils:
(a) Classification of 8 annas or above ..
6 Acres
(b) All other classes .. .. 9 Acres
(2) Dry Land:
(a) Black Cotton or laterite soils:
(i) Class I with soil classification of 8 annas or above .. ..
24 Acres
(ii) All other classes .. .. 36 Acres
(b) Chalka soils: .. ..
(i) Class I with soil classification of 8 annas or above .. ..
48 Acres
(ii) All other classes .. .. 72 Acres
Provided that the Government may, by general or special order direct that the limits of the family holdings specified in this sub-section, shall for any local area be varied if the Government is satisfied that such variation is necessary or expedient for ensuring that the value of produce after deducting fifty per cent, therefrom as cost of cultivation is Rs. 800.]
CHAPTER III.
TENANTS.
General Provisions.
5. A person lawfully cultivating any land belonging to another person shall be deemed to be a tenant if such land is not cultivated personally by the landholder and if such person is not,- Persons deemed to be tenants.
[Act No.XXI of 1950] 9
(a) a member of the landholder‘s family, or 21[(b) a servant on wages payable in cash or kind, but not in crop share or a hired labourer cultivating the land under the personal supervision of the landholder or any member of the landholder‘s family, or]
(c) a mortgagee in possession:
Provided that if upon an application made by the land holder within one year from the commencement of this Act to the Tahsildar within whose jurisdiction the land is situate,-
(a) the Tahsildar declares that such person is not a tenant and his decision is not reversed on appeal or revision, or
(b) the Tahsildar refuses to make such declaration but his decision is reversed on appeal or revision, such person, shall not be deemed to be a tenant:
22Provided further that a sub-tenant cultivating any land belonging to another person on the day on which the Hyderabad Tenancy and Agricultural Lands (Second Amendment) Act, 1951, came into force shall, notwithstanding the fact that the creation of the sub-tenancy might have been prohibited by any law for the time being in force, be deemed to be lawfully cultivating the land as a tenant for the purposes of this section.
21. Amended by Act No.III of 1954.
22. Amended by Act No.XXIII of 1951.
10 [Act No.XXI of 1950]
6. After the expiry of three years from the commencement of this Act, no land shall, save as provided in section 7, be leased for any period whatsoever and, save as aforesaid, no tenancy shall be created in respect of any land.