Provisions relating to the determination of fair rent.

[See sections 33 (9) and 72-A (4).] 1. For topes, orchards and lands used for non-agricultural purposes, the fair rent shall be the lease amount as determined by rules made by the Government in this behalf. 2. In respect of lands, other than those specified in paragraph 1, the fair rent shall be the aggregate of- (a) (i) in the case of wet land, 40 per cent of the normal gross produce or its value in money ; (ii) in the case of wet land, the irrigation of which is supplemented by lifting water, 35 per cent of the normal gross produce or value in money ; (iii) in the case of land on which crops which do not any yield within a period of one year from the time of cultivation are cultivated, 40 per cent of the normal gross produce or its value in money ; (iv) in the case of any other class of land, 33 1/3 per cent of the normal gross produce or its value in money : Provided that in the case of lands referred to in sub-paragraphs (ii) and (iv) for the cultivation of which water is lift pumpset installed at the cost of the service-holder, the fair rent shall be increased to 40 per cent ; and (b) the value of one-fifth of the straw or stalk of all the crops cultivated on the land in an agricultural year. Explanation I.-In this paragraph, "normal gross produce"- (a) in respect of a land cultivated with any crop which does not give any yield within a period of one year from the time of cultivation, means the gross produce for one year if the land were cultivated every year; (b) in respect of a land cultivated with any other crop means the produce which would be obtained for one year from a land of the same class as the land in question similarly situated and possessing similar advantages if the rainfall and the seasons were normal. Explanation II.-In the case of land on which different crops are cultivated at different times on different portions of the lands, the fair rent shall be calculated with reference to the actual crops cultivated according to the ordinary rotation of crops in the locality in which such land is situated. Explanation III.-In this paragraph, "agricultural year" means the year commencing on the 1st day of April, or, in respect of any area or any part of any district, on such other date as the Collector of the district may specify in that behalf, by notification, in the district gazette. 3. (a) In the case of land cultivated by the service-holder, the fair rent shall be the fair rent as calculated in the manner specified in paragraph 2 in respect of a land of the same class as the land in question, similarly situated and possessing similar advantages. (b) If the rent actually payable to the service-holder in respect of the land during the fasli year immediately before the fasli year in which the appointed day falls is less than the fair rent ascertained as aforesaid, the said rent shall be deemed to be the fair rent in respect of the land.