Irrigated land. 9

6A. For the purpose of this Act,- Irrigated land. Bom. (a) irrigated Land, whether perennially or seasonally irrigated, shall not include VII of land irrigated by source other than canals or bandharas within the meaning of the Bombay 1979. Irrigation Act, 1979, or any lift irrigation system constucted or maintained by the State Government; (b) seasonally irrigated land shall include alluvial land and land situated in the bed of a river and seasonally flooded by the water of such river. 7. Notwithstanding anything contained in section 5 and 6, it shall be lawful for the Power of State Government, if it is satisfied that it is expedient so to do in the public interest, to Government vary, by notification in the Official Gazette, the acreage of the ceiling area or economic to vary holding, or the basis of determination of such ceiling area or economic holding under ceiling area and sub-section (2) of section 5, regard being had to- economic (a) the situation of the land, holding. (b) its productive capacity, (c) the fact that the land is located in a backward area, and (d) any other factors which may be prescribed: 1[Provided that the extent of ceiling area shall not be varied so as to increase if Guj it is already in excess of the ceiling area as determine for the time beining under the XXVII Of Gujarat Agricultural Land Ceiling Act, 1960, or so as to exceed the extent of ceiling 1961. area as so determined if it is less than such extent.] 8. (1) Subject to the provision of this Act.- Rent and (a) but notwithstanding any law, custom, usage, agreement or the decree its or order of a court, the rent payable shall be paid annually, and in cash; maximum and (b) such rent shall not exceed five times the assessment payable in respect minimum. of the land or twenty rupees per acre whicher is less, and shall not be less than twice such assessement: Provided that where the amount equal to twice the assessment exceeds the sum of twenty rupees per acre, the rent shall br twice the assessment. (2) For the purpose of this section “assessment”means- (i) in areas in which a settlement has been made under Chapter VIIIA of the Bom. V of Bombay Land Revenue Code, 1879, or in which the assessment has been fixed under 1879. section 52 of the said Code the assessment so settled or fixed; (ii) in areas to which rule 19N of the Land Revenue Rules, 1921, applies such assessment as may be leviable under that rule; Bom. (iii) in areas to which the Bombay Merged Territories and Areas (Jagirs Abolition) XXXIX of Act, 1953 applies the assessment fixed under section 7 of that Act; 1954. (iv) in areas in which the assessment is payable in crop share or produce, such assessment as may be fixed by the State Government in accordance with the principles laid down in rule 19-O of the Land Revenue Rules,1921. 1. This proviso was added by Guj. 5 of 1973, s.3. The Gujarat Tenancy And Agricultural Lands Act, 1948 11 (3) If by custom, usage, agreement or the decree or order of a court, the amount of rent payable is less than the maximum or minimum specified in subsection (1), the amount so payable shall be the rent in respect of the land. Explanation.–In respect of any land which is partially or wholly exempt from the payment of land revenue, the full amount of assessment leviable in respect of such land shall be deemed to be the assessment in respect thereof for the purpose of sub-section (1) as if the land was not exempt from the payment of the land revenue either partially or wholly. Rate of rent