What is fair rent?

1. (1) Subject to the provisions of sub-sections (2) and (3), fair rent shall be:--
   • (i) in the case of wet land, 40 per cent of the average gross produce or its value in money;
   • (ii) in the case of wet land where the irrigation is supplemented by lifting water, 35 per cent of average gross produce or its value in money;
   • (iii) in the case of any other class of land 33 1/3 % of the average gross produce or its value in money: Provided that the provisions of this sub-section shall apply to the actual tenant cultivators and, where there is an intermediary tenant, to the cultivating sub- tenants. Explanation I --- In every harvest, the landowner shall be entitled to one-fifth of the straw or stalk of all the crops. Explanation II --- Pending determination of the average gross produce under

clause (b) of section 2, the fair rent shall be 40%, 35% or 33 1/3 %, as the case may

be, of the actual gross produce.

1. (2) In the case of lands in clauses (ii) and (iii) of sub-section (1) in which water is lifted by pumpsets installed at the cost of the landowner, the fair rent specified in that sub-section shall be increased to 40 per cent: Provided that the cultivating tenant shall bear all the maintenance charges and the landowner shall bear the charges for repairing the pumpsets and the installation of a pumpset shall be at the option of the landowner.
2. (3) Where the contract of tenancy provides for payment of a rent lower than the fair rent payable under the above provisions, the contract rent shall be deemed to be the fair rent.