APTAL Act 34अध्याय IV · Protected Tenants

धारा 34 · Protected tenants:

(1)

A person shall, subject to the provisions of sub-sections (2) and (3), be deemed to be a Protected Tenant in respect of land if he:

(a)

has held such land as a tenant continuously:

(i)for a period of not less than six years, being a period wholly included in the Fasli years 1342 to 1352 (both years inclusive), or

(ii)for a period of not less than six years immediately preceding the 1st day of January, 1948, or

(iii)for a period of not less than six years commencing not earlier than the 1st day of the Fasli year 1353 (6th October, 1943), and completed before the commencement of this Act, and

(b)

has cultivated such land personally during such period:

Provided that where the landholder is a minor or is serving in the Naval, Military or Air Forces in India, the tenant shall not be deemed to be a protected tenant if before the expiration of one year from the date on which the minor attains majority or the landholder ceases to serve in the said forces, the landholder gives three months' notice in writing intimating his decision to terminate the tenancy if in good faith he requires the land to cultivate personally:Provided further that where the landholder is a person permanently incapable of cultivating the land by reason of mental disability the tenant shall not be deemed to be a protected tenant if before the expiry of one year from the death of the land-holder, the person who succeeds to the land gives three months notice in writing intimating his decision to terminate the tenancy if in good faith he requires the land to cultivate personally.Explanation: Where the land is held under more than one joint landholders the last two provisos shall not apply unless all such landholders are subject to a disability specified in the said provisos.Explanation I: If the person who held such land as a tenant on the date of expiry of any of the three qualifying periods mentioned in clause (a) came to hold the same by inheritance or succession from another person who so held the land or if he has held such land as tenant and is an heir to such other person, the period during which such other person held such land as a tenant shall be included in calculating such qualifying period.Explanation II: If the person who held such land as a tenant on the date of expiry of any of the three qualifying periods mentioned in clause (a), held as a tenant at any time within six years before the said date from the same landholder in the same village any other land which he cultivated personally, the period during which he held such other land shall be included in calculating such qualifying period.Explanation III: Where any land is held by two or more persons jointly as tenants all such persons shall, if any of them cultivated and continues to cultivate such land personally and, if the other conditions specified in this section are fulfilled, be deemed to be protected tenants in respect of such land.

(2)

Where more than one person would be entitled under sub-section (1) to be deemed to be a protected tenant in respect of any land, then, notwithstanding anything contained in that sub-section, the only one of such persons entitled to be so deemed shall be:

(a)

the person whose qualifying period is the period specified in sub-clause (1) of clause (a) of that sub-section, or

(b)

if there is no such person, the person whose qualifying period is the period specified in sub-clause (2) of that clause.

(3)

A person who at the commencement of this Act is no longer in possession of land in respect of which he is deemed under sub-section (1) to be a protected tenant shall, notwithstanding anything contained in that sub-section, not be deemed to be a protected tenant in respect of such land if:

(a)

he was evicted from such land in pursuance of a decree or order of a competent Court, or

(b)

such land is being cultivated personally by the landholder for at least one year before the commencement of this Act, or after the land was surrendered to the landholder by the tenant, or

(c)

a permanent structure has been built by the landholder on such land, or

(d)

such land has been permanently diverted by the land-holder to nonagricultural uses.

Explanation: In sub-sections (2) and (3) of this section and in Sections 35, 36 and 37 references to a person include references to such two or more persons as are referred to in Explanation III to sub-section (1).

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