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Section 36NCT Delhi Act

Section 36: Lease by a disabled person

Lease by a disabled person.

(1)

A Bhumidhar who is

(a)

an unmarried woman, or if married, divorced or separated from her husband, or a widow;

(b)

a minor whose father has died;

(c)

a lunatic or an idiot;

(d)

a person incapable of cultivating by reason of blindness or physical infirmity:

(e)

Prosecuting studies in a recognize institution and does not exceed 25 years in age;

(f)

In the armed forces of the Indian union; [***] [The word "or" omitted by Act 38 of 1965, section 4 ]

(g)

[ Dependent for assistance in agricultural operation on a person serving in the armed forces of the Union and certified by the Deputy Commissioner to be so dependent; or] [Inserted by Act 38 of 1965, section 4 (w.e.f. 30-12-1965)]

(h)

[] [Clause (g) relettered as clause (h) by Act 38 of 1965, section 4 (w.e.f. 30-11-1965)] Under detention or imprisonment;
may let the whole or any part of his holding;Provided that in the case of a holding held jointly by more persons than one where but one or more of them, but not all, are subject to the disabilities mentioned in [clauses (a) to (h)] [Substituted by Act 38 of 1965, section 4 for "clause (a) to (g)"], the person or persons may let out his or their share in the holding.

(2)

Where any share of a holding has been let out under the proviso to sub-section (1), the Court may, on the application of the Asami or any tenure holder, determine the share of the lessor in the holding and partition the same.

(3)

A Bhumidhar, who holds only less than 8 standard acres in the State, may where he does not join a co-operative farm lease the whole of his holding to an Asami;Provided that the lease is for not less than 5 years.Provided further that the Bhumidhar shall not be entitled to resume it except for self-cultivation or for breach of terms of the lease.

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