Chapter IV Chapter IV

Fixation of rent

Maximum Rent.—

1. (1) Subject to the other provisions of this Act, the rent payable by a tenant to the landlord in respect of any land shall not exceed one sixth of the gross produce of such land.
2. (2) For the purposes of sub-section
3. (1) gross produce means.—
   • (i) such quantity may be agreed to between the landlord and the tenant as representing the total produce of the land;
   • (ii) where there is no such agreement, such quantity as is ascertained by actual measurement of the produce immediately after harvest in the presence of the Sarpanch, the Gram Sevak, the Escrivao or any other respectable person; and
   • (iii) where the Government has, in relation to any village or area prepared and published any Record of rights or other data based on crop cutting experiment or otherwise, the produce shall be ascertained with reference to such principles, if any, as may be prescribed. (3)
   • (a) where a tenant raises a second crop during the year, the quantity raised by the tenant in such crop shall not be included in the gross produce unless;
     • (i) there is a recognized practice of paying rent in respect of second crop; or
     • (ii) the second crop is raised with substantial assistance from the landlord: Provided that in the case of crops other than paddy, grown as a second crop, both the conditions specified above shall be fulfilled. Explanation:— Where a tenant raises in any land under paddy cultivation, any crop of millets, pulses or vegetables, not as a main crop but as a subsidiary or secondary crop, such crop shall be deemed to be a second crop for the purposes of this sub-section.
   • (b) Where, for the purposes of clause (a), any question arises as to the existence of a recognized practice or, as the case may be, of substantial assistance from the landlord, such question shall be decided by the Mamlatdar after holding an inquiry.
4. (4) The rent payable by a tenant to the landlord shall be paid within thirty days from the date of the final operations in respect of each harvest; such rent may be paid in cash or in kind at the option of the landlord at such conversion rates as may, from time to time, be fixed by the Government by notification.
5. (5) Notwithstanding anything in the foregoing provisions, where the Government considers it necessary to do so, it may, by notification, declare that in any specified area, the rent payable in kind or as a share; of crop, shall be commuted into cash rent at the rate specified therein; and thereupon, the commuted cash rent shall not be altered for a period of five years from the date of commutation, unless the Tribunal, on an application by the landlord or tenant, orders otherwise.
6. (6) If by custom, usage, agreement or decree or order of a Cou the amount of rent payable is less than the maximum specified in, sub-section
7. (1) the amount so payable shall be the rent in respect of the land, if the Mamlatdar on application by the tenant and after holding an inquiry, determines the existence of such custom, usage, agreement, decree or order of Court.
8. (7) The provisions of this section shall come into force on the 1st of September, 1964, and shall apply to rents payable by a tenant to a landlord in respect of .all harvest of any agricultural produce after that date; Provided that in respect of the harvest immediately after the date specified above the tenant shall, in addition to the rent payable by him pay to the landlord a sum of money representing the expenditure incurred by the landlord, whether by way of cost of cultivation or otherwise, which the tenant is liable to pay under the provisions of this Act, and any such sum shall be deemed to be rent payable by the tenant to the landlord in respect of that harvest for all the purposes of this Act.

Maximum Rent after Survey & Settlement.—

1. (1) The provisions of this section shall come into force in any area with effect from such date as may be fixed specially by notification.
2. (2) In any area in which a survey and settlement of agricultural lands have been completed in pursuance of the provisions of this Act or of any other law, the maximum rent payable by a tenant to a landlord shall be such multiples of the land revenue, not exceeding five, as may be prescribed for each area.
3. (3) Where the maximum rent has been fixed under sub-section
4. (2) the Mamlatdar shall, for each village or group of villages or for any area in such village or group within his jurisdiction fix the rate of rent payable by the tenant for the lease of different classes of land situated in such village, group or area, as the case may be.
5. (4) The rate of rent so fixed shall continue for a period of 5 years and shall be liable to be revised by Government thereafter at the end of each successive period of 5 years; provided that the rate of rent so fixed, if not revised at the end of next period, shall continue until it is so revised.
6. (5) The rent payable by a tenant to his landlord in respect of any land in a village, or group of villages of area, shall be at the rate fixed under sub-section (3): Provided that the Mamlatdar may at any time during any such period of five years, on an application made to him in this- behalf and after hearing the landlord or the tenant as the case may be—
   • (i) reduce the rent, if he is satisfied that on account of the deterioration by flood, or other cause beyond the control of the tenant, the land has been wholly or partially rendered unfit for cultivation, or
   • (ii) subject to the maximum fixed under sub-section (2), enhance the rent, if he is satisfied that on account of any improvement made in the land, at the expense of the landlord, there has been an increase in the agricultural produce thereof.
7. (6) Until the rent is fixed in accordance with the provisions of the preceding sub-sections a tenant shall, subject to the maximum provided under sub-section (2), be liable to pay rent to the landlord at the rate at which it was payable immediately before the date referred to in sub- -section (1).
8. (7) The rent payable under this section shall, at the option of the landlord, be payable in kind at such conversion rates as may be fixed by the Government by notification from in time to time.

Compensation and penalty for excess recovery of rent.— If any landlord recovers rent from any tenant in contravention of the provision of section 23 or 24, he shall forth with refund the excess amount recovered to the tenant and shall be liable to pay such compensation to the tenant as may be determined by the Mamlatdar, and shall also be liable to such penalty as may be prescribed by or under this Act.

Liability for cost cultivation, tax, works etc.—

1. (1) In the case of land in respect of which rent has been fixed under the foregoing provisions a landlord shall not be liable to make any contribution towards the cost of cultivation of the land in the possession of his tenant, except to the extent otherwise specifically provided for in this Act. (2)
   • (a) The liability to pay land revenue in accordance with the provisions of any law for the time being in force shall be that of the landlord.
   • (b) The liability to pay irrigation cess in accordance with the provisions of any law for the time being in force shall be that of the tenant.
   • (c) The liability to pay any other rate, tax, fee, cess or other charge levied by or under any other law shall be as provided in such law and in the absence of any provision, that of the tenant.
2. (3) In the case of Khajan and Kher lands the duty and responsi bility of carrying out works of maintenance, repair and conservancy of banks, bunds or ridges of tanks or rivers or other sources of irrigation shall be that of the tenant and the landlord shall not be liable to make any contribution to the cost of such works: Provided, however, that in the case of repair/strengthening of bunds which may be specified by the Government as protective bunds, the Government shall, on such conditions and in such manner as may be prescribed, contribute such sum, as decided by the Government from time to time, towards the cost of such repairs: Provided, further, that the duty and responsibility of carrying out works of a recurring nature designed to conserve water such as the closure of apertures of the sides or wall of a tank such as Khan or popularly known by any other name, shall continue to be that of the person on whom it was cast, according to the custom, usage or practice in force immediately before the commencement of this Act. Any question as to the existence of any such custom, usage, or practice as aforesaid shall be determined by the Mamlatdar after such enquiry as may be necessary or prescribed.
3. (3) -A
   • (a) [Whenever it appears to the Mamlatdar that any of the works of maintenance, repair and conservancy referred to in sub-section
4. (3) have been neglected for any reason whatsoever he may, by order in writing, direct that the works shall be carried out by such person as may be specified and the cost thereof shall be recovered from the beneficiaries of the work done as arrears of land revenue]: Provided that in the case of repairs to protective bunds where the breaches have occurred owing to the negligence of the owner of any land to which this Act does not apply, the cost of repairs incurred as a result of such negligence may also be recovered from such persons as may be named in the order of the Mamlatdar as arrears of land revenue.
   • (b) The person from whom the costs are recovered under the preceding clause shall be entitled to recover the same or an appropriate portion thereof from any person who in law is wholly or partially liable to construct, maintain or repair the bunds.
   • (c) The question as to whom are the beneficiaries of repairs to a bunds shall be determined by the Mamlatdar.
   • (d) From any order passed by the Mamlatdar under this sub-section an appeal shall lie to Government whose decision shall be final.
5. (4) Where the benefit of any such works as is referred to in the [preceding sub-sections] is derived by or is available to more tenants than one, the cost of such works shall be distributed between all such tenants in such proportion as may be agreed to between them or, in the absence of an agreement, as may be determined by the Mamlatdar, having due regard to all relevant circumstances of the case.
6. (5) For the purpose of ensuring that the duty and responsibility referred to in sub-section
7. (3) are discharged properly and promptly, the Government may, by order, direct the tenants concerned to take such measures as may be specified in the order. A copy of every such order shall be sent to the landlord.
8. (6) If any tenant commits default in complying with any direction or order passed under the preceding sub-section the provisions of sub-sections
9. (4) and
10. (6) of section 37 shall apply to such default as if it is a default within the meaning of that section.

Bar to recovery of any other sum from tenant.— Save as otherwise provided in this Act, it shall not be lawful for any landlord to levy any rate, tax, fee, cess or other charge for service of any descrip tion or denomination whatsoever from any tenant in respect of any land held by him as a tenant other than the rent lawfully due in respect of such land.

Benefit of any suspension or remission of rent.—

1. (1) When ever by reason of any natural calamity or like circumstances the payment of the whole land revenue payable to the Government in respect of any land is suspended or remitted in accordance with such principles as may be provided for in this behalf the landlord shall suspend or remit, as the case may be, the payment to him of the rent of such land by his tenant. If in the case of such land the land revenue is partially suspended or remitted, the landlord shall suspend or remit the rent payable by the tenant of such land in the same proportion.
2. (2) If no land revenue is payable to Government in respect of such land and if for any reason, the payment of the whole or any part of the land revenue payable to Government in respect of any other land in the neighborhood of such land has been suspended or remitted, the Collector, shall subject to the general or special orders of Government, in the manner provided in sub-section
3. (1) suspend or remit as the case may be the payment to the landlord of the rent or part of it due in respect of such land.
4. (3) No proceedings shall be taken for recovery by a landlord of any rent, the payment of which has been remitted or suspended or during the period for which the payment of such rent has been remitted or suspended under this section. The period during which the payment of rent is remitted or suspended under this section shall be excluded in computing the period of limitation prescribed for any proceeding for the recovery of such rent.
5. (4) If any landlord fails to suspend or remit the payment of rent as provided in this section, he shall be liable to refund to the tenant the amount recovered by him in contravention of this section, if the Mamlatdar, after making an inquiry, orders the refund.