Section 28 in Tamil Nadu Lease-holds (Abolition and Conversion Into Ryotwari) Rules, 1965
28. Procedure for determination of fair rent.
(1)In determining the fair rent under sub-section (3) of section 19, the Tahsildar may call upon the lessee or the occupant of the land to furnish the following particulars and such other particulars as he may consider necessary: -(a)The extent of land of each class, such as wet, dry, garden, tope, orchard and land used for non-agricultural purposes.(b)The rates of rent or lease amount, as the case may be, levied one such class of land immediately before the fasli year in which the appointed day falls.(c)The particulars of cultivation with details of extent, crop, yield and nature of occupation, as the case may be.(2)The Tahsildar may also call upon the lessee to produce his accounts containing the particulars specified in sub-rule (1).(3)In the case of lands referred to in paragraph 1 of the Second Schedule to the Act, the Tahsildar shall, for the purpose of determining the fair rent, ascertain the lease amount on a similar land, similarly situated and possessing similar advantage in the neighbourhood.(4)Subject to the provisions contained in paragraph 2 of the Second Schedule to the Act, the Tahsildar shall, for determining the normal gross produce in respect of any land for any specified crop, ascertain the quantity of the produce which will be obtained, if such crop were grown in a year in which the rain fall and the seasons are of a normal character, on a land of the same class, as the land in question similarly situated and possessing similar advantages. For the purposes of such determination, the Tahsildar may take into consideration-(a)the soil classification of the land and the normal or standard out turn of paddy in the case of wet land and of the dry or irrigated crop in the case of dry unirrigated or irrigated land for the different classes and sorts of soil;(b)the Government records containing the season and crop reports and rainfall accounts;(c)the accounts of the lessee and other persons, wherever available, for similar lands enjoying similar advantages;(d)the oral or documentary evidence adduced by any of the interested parties and decrees of Civil Courts.(5)Before determining the fair rent in the case of lands referred to in paragraphs 1 and 2 of the said Schedule to the Act, the Tahsildar shall issue a notice in Form No. 16 to the lessee or other person interested to make representation, if any, which they desire to be considered in fixing the fail rent.(6)After considering the representations and with reference to other materials available before him, the Tahsildar shall determine the fair rent in respect of the land concerned.
