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State of Rajasthan - Section

Section 45 in Ajmer Abolition of Intermediaries And Land Reforms Act, 1955

45. Restrictions on letting and subletting.

— (1) No holder of Khudkasht shall let and no Khatedar tenant or his mortgagee shall sub-let the whole or any part of his holding at any one time for a term exceeding five years :[Provided that for the purpose of agricultural operations in connection with such agro-processing and agri-business enterprises as may be approved in the prescribed manner by the State Government or any authority appointed by it [or for the purpose of plantation of Prosopis Juliflora or any other like plantation to be used for generation of electricity] [Added by Notification No. F2(11) Vidhi/2/20011. dated 1.4.2011- Rajasthan Gezzete Extra ordinary , part IV-A, dated 1.4.2011. p. 5(2)] a holder of Khudkasht or a land owner may let or a Khatedar tenant may sub-let whole or any part of his holding for a term of fifteen years and may extend such. lease or sub-lease for a further period of fifteen years].[Provided further that for the purpose prescribed by the State Government under sub-section (5A) of section 90-A of the Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956), a holder of Kudhkast or a land owner may let or a Khatedar tenant may sub-let whole or any part of his holding for a term upto thirty years and may extent such lease or sub-lease for a further period of ten years.] [Added by Act No. 17 of 2014, dated 7.10.2014.]
(2)Where a lease or sub-lease has once been Etranted [or extended] [Notification No. F2(11) Vidhi/2/20011. dated 1.4.2011- Rajasthan Gezzete Ext. Ord., pt. IV-A, dated 1.4.2011. p. 5(2)] for any term under sub-section (1) no further lease or sub-lease. as the case may be. in respect of the same land shall be granted within two years of the expiry of the first mentioned lease or sub-lease.
(3)No Gair Khatedar tenant shall sub-let the whole or any part of his holding for a term exceeding one year.
(4)No sub-tenant or tenant of Khudkasht shall sub-let the whole or any part of his except in circumstances mentioned in Section 46.