section 168
Leasing
Madhya Pradesh Land Revenue Code, 1959Tax1959309 of 312 sections available
Statutory text
- (1) Except in cases provided for in sub-section (2), no Bhumiswami shall lease any land comprised in his holding for more than one year during any consecutive period of the three years: Provided that nothing in this sub-section shall apply to the lease of any land— (i) made by Bhumiswami who is a member of a registered Co-operative Farming Society to such Society; (ii) held by a Bhumiswami for non-agricultural purposes. Explanation.—For the purposes of this section— (a) "lease" means a transfer of a right to enjoy any land, made for a certain time, expressed or implied in consideration of a price paid or promised or of money or any other thing of value to be given periodically to the transferer by the transferee who accepts the transfer on such terms, (b) any arrangement whereby a person cultivates any land of a Bhumiswami with bullocks belonging to or procured by such person (lessee) and on condition of his giving a specified share of the produce of the land to the Bhumiswami shall be deemed to be a lease, (c) the grant of a right merely to cut grass or to graze cattle or to grow 'Singhara' or to propagate or collect lac, pluck or collect tendu leaves shall not be deemed to be a lease of the land. (2) A Bhumiswami who is— (i) a widow; or (ii) an unmarried woman; or (iii) a married woman who has been deserted by her husband; or (iv) a minor; or (v) a person subject to physical or mental disability due to old age or otherwise; or (vi) a person detained or imprisoned under any process of law; or (vii) a person in the service of Armed Forces of the Union; or (viii) a public, charitable or religious institution; or (ix) a local authority or a Co-operative Society; may lease the whole or any part of his holding: Provided that where a holding is held jointly by more than one person the provisions of this sub-section shall not be applicable unless all such persons belong to any one or more of the classes aforesaid: Provided further that any lease made in pursuance of this sub-section shall cease to be in force after one year of the determination of the disability by death or otherwise. (3) [Omitted by M. P. Act 25 of 1964, S.17(b).] (4) Where a lease is granted in pursuance of sub-section (2) the lessee shall hold the land on such terms and conditions as may be agreed upon between him and the Bhumiswami and may be ejected by an order of a Sub-Divisional Officer on the application of the Bhumiswami on the ground of contravention of any material term or condition of the lease or on the lease ceasing to be in force. (5) Where on the coming into force of this Code any land is held on lease from a Bhumiswami who belongs to any one or more of the classes mentioned in sub-section (2), such lease shall, on the coming into force of this Code, be deemed to be a lease granted in pursuance of sub-section (2).
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