Section 8
Prohibition against deprivation of certain rights.
The Ajmer Tenancy and Land Records Act, 1950
About this Act
An Act to declare and amend the law relating to agricultural tenancies, record-of-rights and certain other matters in Ajmer.
(1) Notwithstanding any custom or contract
to the contrary, every lease or agreement between a land-holder and a tenant, whether made before or
after the commencement of this Act, which purports, or would operate, to prohibit or restrict a tenant from
acquiring, exercising or enforcing any right conferred on, or secured to, him by this Act, shall be void to
the extent of such prohibition or restriction.
(2) When land, not previously cultivated, has been reclaimed by, or at the expense of, the landholder and let to a tenant, or has been let to a tenant in order that it should be reclaimed by him or at his expense, then for a period of twelve years after such land was let, nothing in sub-section (1) shall be construed as affecting any condition of a contract which relates to payment of rent or to enhancement, abatement or variation of rent of such land, or which provides that, during any period for which such land is to be held free of rent or on favourable terms, the tenant is liable to ejectment for breach of any such condition.
Explanation.--When land has remained uncultivated for a period of five years, it shall, for the purposes of sub-section (2), be deemed to be land not previously cultivated.
(2) When land, not previously cultivated, has been reclaimed by, or at the expense of, the landholder and let to a tenant, or has been let to a tenant in order that it should be reclaimed by him or at his expense, then for a period of twelve years after such land was let, nothing in sub-section (1) shall be construed as affecting any condition of a contract which relates to payment of rent or to enhancement, abatement or variation of rent of such land, or which provides that, during any period for which such land is to be held free of rent or on favourable terms, the tenant is liable to ejectment for breach of any such condition.
Explanation.--When land has remained uncultivated for a period of five years, it shall, for the purposes of sub-section (2), be deemed to be land not previously cultivated.