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NCT Delhi - Section

Section 36 in The Delhi Lands Reforms Act, 1954

36. Lease by a disabled person.

(1)A Bhumidhar who is
(a)an unmarried woman, or if married, divorced or separated from her husband, or a widow;
(b)a minor whose father has died;
(c)a lunatic or an idiot;
(d)a person incapable of cultivating by reason of blindness or physical infirmity:
(e)Prosecuting studies in a recognize institution and does not exceed 25 years in age;
(f)In the armed forces of the Indian union; [***] [The word "or" omitted by Act 38 of 1965, section 4 ]
(g)[ Dependent for assistance in agricultural operation on a person serving in the armed forces of the Union and certified by the Deputy Commissioner to be so dependent; or] [Inserted by Act 38 of 1965, section 4 (w.e.f. 30-12-1965)]
(h)[] [Clause (g) relettered as clause (h) by Act 38 of 1965, section 4 (w.e.f. 30-11-1965)] Under detention or imprisonment;
may let the whole or any part of his holding;Provided that in the case of a holding held jointly by more persons than one where but one or more of them, but not all, are subject to the disabilities mentioned in [clauses (a) to (h)] [Substituted by Act 38 of 1965, section 4 for "clause (a) to (g)"], the person or persons may let out his or their share in the holding.
(2)Where any share of a holding has been let out under the proviso to sub-section (1), the Court may, on the application of the Asami or any tenure holder, determine the share of the lessor in the holding and partition the same.
(3)A Bhumidhar, who holds only less than 8 standard acres in the State, may where he does not join a co-operative farm lease the whole of his holding to an Asami;Provided that the lease is for not less than 5 years.Provided further that the Bhumidhar shall not be entitled to resume it except for self-cultivation or for breach of terms of the lease.