State Act

45

Section 45. Restrictions on letting and subletting.

Rajasthan Tenancy Act, 1955

Act no. 3 of 19551955In forceRajasthan (State Act)

45. Restrictions on letting and subletting.— (1) No holder of Khudkasht or land holder shall let and no Khatedar tenant or his mortgagee shall sub-let the whole or any part of his holding at any one time for a term exceeding five years : 26[Provided that for the purpose of agricultural operations in connection with such agro-processing and agri-business enterprises as may be approved in the prescribed manner by the State Government or any authority appointed by it [or for the purpose of plantation of Prosopis Juliflora or any other like plantation to be used for generation of electricity] a holder of Khudkasht or a land owner may let or a Khatedar tenant may sub-let whole or any part of his holding for a term of fifteen years and may extend such. lease or sub-lease for a further period of fifteen years]. 27[Provided further that for the purpose prescribed by the State Government under sub-section (5A) of section 90-A of the Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956), a holder of Kudhkast or a land owner may let or a Khatedar tenant may sub-let whole or any part of his holding for a term upto thirty years and may extent such lease or sub-lease for a further period of ten years.] (2) Where a lease or sub-lease has once been Etranted [or extended] for any term under sub-section (1) no further lease or sub-lease. as the case may be. in respect of the same land shall be granted within two years of the expiry of the first mentioned lease or sub-lease. (3) No Gair Khatedar tenant shall sub-let the whole or any part of his holding for a term exceeding one year. (4) No sub-tenant or tenant of Khudkasht shall sub-let the whole or any part of his except in circumstances mentioned in Section 46.