(1) (a) Notwithstanding anything contained in section 6, a landholder holding land the area of which is equal to or less than three times the area of the family holding for the local area concerned may lease the land held by him:
Provided that every such lease notwithstanding any agreement to the contrary shall be for a period of five years and at the end of the said period and thereafter at the end of each period of five years in succession, the tenancy shall, subject to the provisions of clauses (b) and (c) be deemed to be in force for a further period of five years on the same terms and conditions except to the extent that a modification therefor consistently with this Act is agreed to by both parties;
(b) The land holder may by giving the tenant at least one year‘s notice in writing before the end of each of the periods referred to in clause (a) terminate, subject to the provisions of section 45, the tenancy in the last year of each of the said periods if he requires the land for cultivating personally:
Provided that the area of the land, the tenancy of which can be so terminated, shall not exceed one family holding for each adult worker in a family;
(c) Notwithstanding anything contained in clause (a) such tenancy shall, subject to the provisions of sections 27 and 28, be liable to be terminated by the landholder or the
23. Substituted by Act No.III of 1954.
General prohibition of leases after three years from commencement of Act.
Special cases in which leases are permitted.
[Act No.XXI of 1950] 11 tenant on any of the grounds and in the manner provided in section 19.
(2) Notwithstanding anything contained in sub-section
(1) and in section 6, a landholder who,-
(a) is a minor or a female,
(b) is permanently incapable of cultivating land by reason of any physical or mental infirmity,
(c) is serving in the Naval, Military or Air Forces of India,
(d) is temporarily prevented by any sufficient cause from cultivating land, may, after three years from the commencement of this Act, with the permission of the Collector, lease the land held by him for such period as the Collector may fix:
Provided that where the land is held jointly by more than one person, the provisions of this sub-section shall not apply unless all such persons are subject to any disability specified in clauses (a), (b), (c) or (d):
Provided further that where such disability ceases, by reason of the death of the landholder or otherwise before the expiry of the period of lease fixed by the Collector, the lease shall be terminated within such period as the Collector may appoint.]
8. Every lease made within three years from the commencement of this Act shall be for a period of ten years, and notwithstanding that it may be expressed to be a lease for a longer or a shorter period shall be deemed to be, and shall have effect as, a lease for ten years:
Period of leases made within 3 years of commencement of Act.
12 [Act No.XXI of 1950] 24[Provided that a landholder who is temporarily prevented by any sufficient cause from cultivating the land may, with the permission of the Collector, lease the land for such period less than 10 years as the Collector may fix.]
25[9. Every lease made under section 7 or 8 shall be in writing and the landholder shall and the tenant may file a copy thereof in the office of the Tahsildar within thirty days of the date on which the lease is executed.
10. If in respect of any land a lease is made otherwise than in conformity with the provisions of section 6 or section 9, the Collector may summarily eject any person in possession of the land under such lease if, in his opinion it is necessary to do so to protect the interest of any tenant who previously held the land.