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Madras Presidency - Section

Section 32 in Madras Estates Land Act, 1908

32. Rules as to enhancement of rent on the ground of landholder's improvement.

(1)Where an enhancement is claimed under section 30 clause (ii) -
(a)the Collector shall not grant enhancement unless the improvement has been registered in accordance with this Act or has been executed within fifteen years preceding the commencement of this Act;
(b)in determining the amount of enhancement, the Collector shall have regard to -
(i)the increase in the productive powers of the land caused or likely to be caused by the improvement;
(ii)[ the cost of making the improvement and the proportion in which such cost was borne by the landholder and by the ryot;] [Substituted by the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934).]
(iii)[] [New sub-clause (iii) was inserted and the original sub-clauses (iii) and (iv) were renumbered as sub-clauses (iv) and (v) respectively, by section 22(i)(b) of the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934).] the probable annual cost of maintenance of the improvement -
(a)to the landholder; and
(b)to the ryot;
(iv)[] [New sub-clause (iii) was inserted and the original sub-clauses (iii) and (iv) were renumbered as sub-clauses (iv) and (v) respectively, by section 22(i)(b) of the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934).] the cost of the preparation and cultivation required for utilizing the improvement; and
(v)[] [New sub-clause (iii) was inserted and the original sub-clauses (iii) and (iv) were renumbered as sub-clauses (iv) and (v) respectively, by section 22(i)(b) of the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934).] the existing rent and the ability of the land to bear a higher rent.
(2)[ Before executing any improvement, the landholder may, with the previous sanction of the Collector, enter into a contract with the ryot for the payment of an additional rent in consideration of such improvement. On the improvement being effected, the landholder shall apply to the Collector for registration of the same, and the Collector after satisfying himself that the sanctioned improvement has been executed, shall register the same. On or after such registration and on the application of the landholder to enforce such contract, the Collector may pass an order granting such enhancement, not exceeding the additional rent mentioned in the contract, as is found by him to be reasonable with due regard to the consideration specified in clause (b) of sub-section (1).] [New sub-section (2) was inserted and the original sub-section (2) was renumbered as subsection (3) by section 22(ii)(a) of the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934).]
(3)[ An enhancement [ordered] [New sub-clause (iii) was inserted and the original sub-clauses (iii) and (iv) were renumbered as sub-clauses (iv) and (v) respectively, by section 22(i)(b) of the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934)] under this section shall, on the application of the ryot or his successor in interest, be subject to revision by the Collector in the event of the improvement not producing or ceasing to produce the estimated effect.]