(1) Every person who, at the commencement of this Act, is a tenant of sir-holding from a sir-holder to whom the provision of the first proviso to clause (a) of Section 6 apply shall, at such commencement, become a hereditary tenant of his holding if at such commencement such sir-holder possess fifty acres or more than fifty acres of sir which is not let, and which did not cease to be sir under any of the previous provisions of this Act.
(2) If at such commencement such sir-holder possesses less than fifty acres of such sir, such person shall become a hereditary tenant only in accordance with a declaration to that effect made under the provisions of sub-section (3).
(3) In a case to which the provisions of sub-section (2) apply the Assistant Collector may of his own motion, and shall, on the application either of sir-holder or the tenant, demarcate the sir of the sir-holder and shall declare that any tenant of land situated in the area not so demarcated shall be a hereditary tenant of his holding or of such person thereof as is situated in such area.
(4) In demarcating sir under the provisions of sub-section (3), the Assistant Collector shall demarcate as sir so much of the sir-holder's sir and of his khudkasht as amounts to fifty acres, or the area of the sir-holder's sir, whichever is less :
Provided that only so much of the sir-holder's sir which is let shall be demarcated as sir as is necessary to make the total area demarcated as sir equal to fifty acres or the area of the sir-holder's sir, whichever is less.
(5) If, in accordance with the provisions of sub-section (3), the Assistant Collector orders that a tenant be the hereditary tenant of a part only of his holding, he shall divide off such portion and shall determine the rent of such portion and of the remainder.
(6) Before passing order under sub-section (3) the Assistant Collector may make, such inquiry as he considers necessary and shall give the sir-holder and the tenants of sir an opportunity to show cause why the demarcation should be made in a particular way.
(7) For the purposes of this section, an acre situated in Bundelkhand or in the trans-Jumuna portion of the Allahabad, Etawah, Agra and the Mathura districts and in such areas as the State Government may specify by notification in the official Gazette shall be deemed to be half an acre.
(2) If at such commencement such sir-holder possesses less than fifty acres of such sir, such person shall become a hereditary tenant only in accordance with a declaration to that effect made under the provisions of sub-section (3).
(3) In a case to which the provisions of sub-section (2) apply the Assistant Collector may of his own motion, and shall, on the application either of sir-holder or the tenant, demarcate the sir of the sir-holder and shall declare that any tenant of land situated in the area not so demarcated shall be a hereditary tenant of his holding or of such person thereof as is situated in such area.
(4) In demarcating sir under the provisions of sub-section (3), the Assistant Collector shall demarcate as sir so much of the sir-holder's sir and of his khudkasht as amounts to fifty acres, or the area of the sir-holder's sir, whichever is less :
Provided that only so much of the sir-holder's sir which is let shall be demarcated as sir as is necessary to make the total area demarcated as sir equal to fifty acres or the area of the sir-holder's sir, whichever is less.
(5) If, in accordance with the provisions of sub-section (3), the Assistant Collector orders that a tenant be the hereditary tenant of a part only of his holding, he shall divide off such portion and shall determine the rent of such portion and of the remainder.
(6) Before passing order under sub-section (3) the Assistant Collector may make, such inquiry as he considers necessary and shall give the sir-holder and the tenants of sir an opportunity to show cause why the demarcation should be made in a particular way.
(7) For the purposes of this section, an acre situated in Bundelkhand or in the trans-Jumuna portion of the Allahabad, Etawah, Agra and the Mathura districts and in such areas as the State Government may specify by notification in the official Gazette shall be deemed to be half an acre.
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