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[Cites 0, Cited by 2] [Section 38] [Entire Act]

Bombay Presidency - Subsection

Section 38(4) in Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958

(4)In no case a tenancy shall be terminated -
(a)in such manner as will result in leaving with a tenant, after termination, less than half the area of the land leased to him:
[(Provided that, -
(i)[] where the total holding of a landlord exceeds one-third of a family holding but does not exceed one family holding the landlord shall be entitled to resume for personal cultivation one-third of the family holding or half of the land leased by him, whichever is more.
(ii)[] [This portion was substituted for the words 'as will result, 'ibid, s, 4(b).] where the total holding of a landlord is equal to, or less than one-third of a family holding, the landlord shall be entitled to resume for personal cultivation the entire land leased by him,]
(b)in such a manner as will result in a contravention of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Bombay LXII of 1947) or making any part of the land leased a fragment within the meaning of that Act,
(c)if the tenant has become a member of a co-operative farming society and so long as he continues to be such member, or
(d)if the tenant is a co-operative farming society.