Maximum Rent

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.