44. Rules for the determination of alteration of rent with area.
- [(1) Upon an application under sub-section (2) of section 42 being made, or in proceedings in which it is claimed to enforce an increase or decrease of rent as provided in subsection (3) of that section, the Collector shall determine the area for which rent has previously been paid and the amount, if any, to be added to or deducted from the rent.] [Substituted by the the Madras Estate Land (Amendment) Act, 1934 (Madras Act VIII of 1934).](2)In determining the area for which rent has been previously paid, the Collector shall have regard to each of the following considerations: -(a)the origin and conditions of the occupancy-for instance, whether the rent was a consolidated rent for the entire holding;(b)any reason which may have led the landholder to permit the ryot to hold the additional land whether in consideration of an addition to his total rent or otherwise;(c)any reason which may have led the ryot to consent to hold a reduced area without a corresponding reduction in his rent.Explanation. - In determining whether the landholder has permitted the ryot to hold the additional land or whether the ryot has consented to hold the reduced area without a corresponding reduction in rent, the Collector may take into consideration the length of time during which the occupancy has lasted without dispute as to rent or area; and(d)the length of the measure used or in local use at the time of the origin of the occupancy as compared with that used or in local use at the time of the application.(3)In determining the amount to be added to the rent, the Collector shall have regard to the rates payable by ryots for lands of a similar description and with similar advantages in the village or neighbouring villages, and shall not in any case fix any rent which in the circumstances of the case is unfair or inequitable.(4)When the landholder or ryot is unable to indicate any particular land as held in excess, the rent to be added on account of the excess area may be calculated at the average rate of rent paid on all the lands of the holdings exclusive of such excess area.(5)In case of abatement, the deduction from the rent shall be proportionate to the diminution in the total yearly produce of the holding or, in default of satisfactory proof thereof, the deduction shall be proportionate to the diminution in the area of the holding.(6)An addition to or abatement of rent under this section shall not be deemed an enhancement or reduction of rent within the meaning of this Act.
