36. 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; (Note: Omitted by Act 38 of 1965).
(g) [(Note: Inserted by Act 38 of 1965) 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]
(h) (Note: Relettered by Act 38 of 1965 for ‘g’) 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 [(Note: Substituted by Act of 38 of 1965) clauses (a) to (h) , 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.