232. Restrictions on exclusion of Act by agreement.
(1)Nothing in any contract between a landlord and a tenant, whether made before or after the commencement of this Act,-(a)shall bar in perpetuity the acquisition of an occupancy right in land, or(b)shall take away an occupancy-right in existence at the date of the contract, or(c)shall entitle a landlord to eject a tenant otherwise than in accordance with the provisions of this Act, or(d)shall take away or limit the right of a tenant as provided by this Act, to make improvements and claim compensation for them.(2)Nothing in any contract made between a landlord and a tenant within a period of six years immediately preceding the commencement of this Act, shall prevent a raiyat from acquiring, in accordance with this Act, an occupancy right in land.(3)Nothing in any contract made between a landlord and a tenant after the commencement of this Act shall-(a)prevent a raiyat from acquiring, in accordance with this Act, an occupancy-right in land;(b)take away or limit the right of an occupancy raiyat to use land as provided by Sections 27 and 27-A;(c)take away the right of a raiyat to surrender his holding in accordance with Section 97;(d)take away the right of a raiyat to transfer or bequeath his holding in accordance with custom or local usage;(e)take away the right of an occupancy raiyat to sub-let subject to, and in accordance with the provisions of this Act;(f)take away the right of a raiyat to apply for a reduction of rent under Section 45 or Section 60;(g)take away the right of a landlord or an occupancy raiyat to apply for a commutation of rent under Section 47; or(h)affect the provisions of Section 76, relating to interest payable on arrears of money rent;Provided as follows :(i)nothing in this section shall affect the terms or conditions of a lease granted bona fide for the reclamation of waste land, except that, where, on or after the expiration of the terms created by the lease, the lessee would, under Chapter V, be entitled to an occupancy right in the land comprised in the lease, nothing in the lease shall prevent him from acquiring that right;(ii)when a landlord has reclaimed waste land by his own servants or hired labourers, and subsequently lets the same or a part thereof to a raiyat, nothing in this Act shall affect the terms of any contract whereby a raiyat is prevented form acquiring an occupancy right in the land or part during a period of thirty years from the date on which the land or part is first let to a raiyat;(iii)nothing in this Section shall affect the terms or conditions of any contract for the temporary cultivation of horticultural or orchard land with agricultural crops.Explanation. - The expression "horticultural land", as used in proviso (iii), means garden land, in the occupation of a proprietor or permanent tenure-holder, which is used bona fide for the cultivation of flowers or vegetable or both, grown for the personal use of such proprietor or permanent tenure-holder and his family, and not primarily for profit or sale.
