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State of Andhra Pradesh - Section

Section 6 in Andhra Pradesh (Andhra Area) Tenancy Act, 1956

6. Determination of fair rent:.

- [(1) Notwithstanding any agreement between the landlord and the cultivating tenant for the payment of an agreed rent, either party may, at any time, apply to the Special Officer for the fixation of fair rent for the holding:Provided that where any order determining the fair rent has been made after the commencement of the Andhra Pradesh (Andhra Area) Tenancy (Amendment) Act, 1974, in respect of any holding, no application shall be made for the determination of fair rent for that holding while such order is in force.] [Substituted by Act of 1974, w.e.f. 1.7.1974.]
(2)On receipt of such application, the [Special Officer] [Substituted for 'Tahsildar' by Ibid.] shall, after making an inquiry in the manner prescribed, determine the fair rent, having regard to the following factors, namely:
(a)the rental values of the lands used for similar purposes in the locality;
(b)the profits of agriculture on similar lands in the locality;
(c)the prices of crops and commodities in the locality;
(d)rates of wages of agricultural labour prevailing in the locality;
(e)the improvements made to the land by the landlord or the cultivating tenants;
(f)the assessment payable in respect of the land; and
(g)such other factors as may be prescribed.
(3)In determining the fair rent, the [Special Officer] [Substituted for 'Tahsildar' by Act 39 of 1974, w.e.f. 1.7.1974.] shall presume, until the contrary is proved, that the agreed rent payable in respect of the holding is the fair rent.
(4)The fair rent determined by the [Special Officer] [Substituted for 'Tahsildar' by Act 39 of 1974, w.e.f. 1.7.1974.] shall not exceed the maximum rent specified in Section 3.
(5)The order determining the fair rent shall take effect from the commencement of the agricultural year in which the application for the determination of fair rent is made, and shall be in force for [a period of six agricultural years.] [Substituted for 'the duration of the lease' by Act 39 of 1974, w.e.f. 1.7.1974.]