Persons not entitled under section 34 deemed in certain circumstances to be protected tenants

(1) Every person who at the commencement of this Act holds as tenant any land in respect of which no person is deemed to be a protected tenant under section 34, shall, on the expiration of one year from such commencement or, the final rejection of all claims by any other person to be deemed under section 34 to be a protected tenant in respect of such land, whichever is later, be deemed to be a protected tenant in respect of such land unless the land-holder has before such expiration or final rejection as aforesaid made an application in the prescribed form to the Tahsildar for a declaration that such person is not a protected tenant:

Provided that where the land-holder is a minor or a person serving in the Naval, Military or Air Forces of India, he shall make the application for declaration before the expiry of one year from the date on which the minor attains majority, or the land-holder ceases to serve in the Naval, Military or Air Forces of India:

Provided further that where the land-holder is a person permanently incapable of cultivating the land by reason of mental disability, the person who succeeds to the land on the death of the said land-holder shall make the application within one year from the date on which he succeeds to the land.

Explanation:- Where the land is held under more than one joint land-holders the last two provisos shall not apply unless such land-holders are subject to a disability specified in the said provisos.

(2) If after enquiring in the prescribed manner into such application, the Tahsildar refuses to make such declaration and his decision is not set aside by the Collector on first appeal or by the Board of Revenue on second appeal, the tenant shall be deemed to be a protected tenant.

(3) The rights as a protected tenant of a person deemed under sub-section (1) or sub-section (2) to be a protected tenant shall be recorded in the Record of Rights or, where there is no Record of Rights, in such village record as may be prescribed.