Amendment status not verified — confirm the current text below against the official source.
Substituted by Act No.III of 1956. Procedure when reasonable price is agreed to between the landholder and protected tenant. [Act No.XXI of 1950] 41 Provided that the reasonable price so agreed to by the parties themselves shall be deemed to be the reasonable price determined by the Tribunal for the purposes of the said sub-sections (5), (6) and (8): Provided further that if the landholder does not sell the whole of the land held by him but retains some land with him, the extent of the land remaining, with him after the purchase of the land by the protected tenant, whether to cultivate it personally or otherwise, shall not be less than the area of a basic holding for the local area concerned: Provided also that the right of the protected tenant shall be limited to the extent of three family holdings in the local area concerned including the land, if any, owned by the protected tenant. 38-B. If in respect of a land held by a protected tenant, the landholder concerned intends to relinquish his interest in the land without receiving any consideration therefor, the provisions of sub-section (7) of section 38 shall not apply to such a case and the landholder may apply to the Tribunal and thereupon the Tribunal shall issue to such protected tenant a certificate so far as may be as provided for in sub- section (6) of section 38: Provided that the right of the protected tenant and the grant of the certificate shall be limited to the extent of three family holdings in the local area concerned including the land, if any, owned by the protected tenant and that any excess over such extent shall vest in the Government free of all right of the said protected tenant: Provided further that if the landholder does not relinquish the whole of the land held by him but retains some land with him, the extent of the land remaining with him after the relinquishment, whether to cultivate it Procedure when landholder agrees to relinquish his rights in favour of the protected tenant. 42 [Act No.XXI of 1950] personally or otherwise, shall not be less than the area of a basic holding for the local area concerned.] 48[38-C. (1) If a landholder does not hold land in excess of three family holdings, he may within two years from the date of receipt of a notice in writing from the protected tenant to sell the land to him under sub-section (1) of section 38, terminate the tenancy of the said protected tenant in the manner and subject to limits specified in section 44, or sell the land to him. (2) If after the termination of the tenancy, the landholder does not within one year from the date on which he resumed possession of the land, cultivate the land personally or having commenced such cultivation discontinues the same within ten years from the said date, the protected tenant shall be entitled to restoration of possession of the land and its purchase in accordance with the provisions of section 38.] 49[38-D. (1) If the landholder at any time intends to sell the land held by the protected tenant, he shall give a notice in writing of his intention to such protected tenant and offer to sell the land to him. In case the protected tenant intends to purchase the land he shall intimate in writing his readiness to do so within 48[six months] from the date of the receipt of such notice. If there is any dispute about the reasonable price payable by the protected tenant for the land, the provisions of sub-sections (3) to 48[(8)] of section 38 shall apply mutatis mutandis.] 48[(2)] If the protected tenant does not exercise the right of purchase in response to the notice given to him by the landholder under sub-section (1) such protected tenant