Section 4
~ (1) No owner shall be entitled to terminate the cultivation of his land ~y a cultivator except in execution of a~ . order made by the prescribed authority on the , ground that the cuiuvator has without any reasonable cause . failed fo cultivate the laud .
4 ~ (1) No owner shall be entitled to terminate the cultivation of his land ~y a cultivator except in execution of a~ . order made by the prescribed authority on the , ground that the cuiuvator has without any reasonable cause . failed fo cultivate the laud .
(2) Any order of ejectment passed under the provisions 0[' this Act shall be executed by the prescribed authoriy, but proper comp~nsatlO.n· 'as IUJ . y be determined b~ the prescL:lbcd a uthor iry shall oe paid by the owner to the cultivator for IUS share of tUe standing crops , if any.
, (3) If any owner terminates or causes to be: Itffniri:tI(:J lb: -cultivation of any land by a cultivator in contravention 0[ ' ll1:: Ijl'u\ ' isions or this Act,' the prescribed authority shall , on receipt o'! , :iuy appllcatl.on made by or on behalf of the cultivator and after giving the cultivator and the owner an opportunity of being heard ~\lld after making such inquiries as he IDly deem necessary , by order dircct -
(a) in a case where such land h:1S not been cultivated or has beeni cnltivatcd by the owner or by any person on hIS behalf other than a culti va tor , lL . J ( the land be immediately restored to the cultivator an d further that forty per cent of any produce of the land shall be forfeited to the State Govern -ment and the remaining sixty per cent of' f' such produce shall be retained by the cuhiv . uo . .
(b) in C , l case where such land has been culrivarcu bv a new cultivator engaged by the owner , rh . u Lll ~ land be restored at the end of tile cult ivu iio n season to the applicant cultivator and further llnt the new cultivator shall retain fifty per cent of the produce harvested before restoration and make over the remaining fifty per cent of such produce , to the applicant cultivator .
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Iurisdiction to
5,For the cultivation of any land, no cultivtor shall be required to payor deliver to the owner and no owner shall be entitled to n . ::cti ve from the cultivator, more than half of the principal prod LIce of the land or the pr~ce thereof, as the case may be, as rent or sh.ire or on any other account . . -.
If a cultivator r+
(a) -surrender ' s his right to cultivate in respect of land cultivated by him as a cultivator, or
(b) abandons cultivation of such land , the owner of the land shall give information in wri ring 0 f such -surrender or abandonment to the prescribed authority.
On receipt of such information the prescribed authority shall , after giving the cultivator and the owner an opportunity of being heard and making such inquiries as he may deem necessary , by order determine whether the cultivator voluntarily surrendered or abandoned his right of the cultivation in relation to such land.
(3) If the prescribed authority determines that the cultivator had not voluntarily surrendered or abandoned the cultivation of the land which was being cultivated by him as such and that he had been compelled by force or otherwise to surrender or abandon the cultivation of such land, the prescribed authorities shall restore the cultivator to the cultivation of the land .
If the cultivator is not available or is not willlllg to l..; , . restored to the cultivation of such land, or if the prescribed aurL10rilj determines that the cultivator had voluntarily surrendered or ab~UldOllt:; . i the cultivation of such land. the owner shall not resume -perso n.rl cultivation of such land, but may, with the permission of the prescribed authority, have the land cultivated by another cultivator of the locality who is willing to cultivate the . land as cultivator .
(1) Where a cultivator cultivating any land dies, the cultivation of such land may be continued for the remaining peroiod of that a gricultural year by the lawful heir of the cultivator and if such lawful heir continues the cultivation, he shall have all the rights aud b c subject to all the liabillities of a cultivator under this Act in respect of such remaining period . ' :
Where ;-
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(a) no lawful heir of the cultivator is 111 a POSlllOD W cultivate the land personally, or
(b) the lawful heir . ornits or fails to take any steps for the continuation . of the cultivation of the land within flft0en days from the date of the death of ithe cultivator , Or if the agricultural operations in the . neighbouring lands arc not . then in progress, ' within fifteen days from the date of commencement of such operation , ~~ . ~;cultivation of the land may be continued by such person as in . ry be nominated by the owner .