31. Rules as to enhancement of rent on the ground of a rise in prices .
- Where an enhancement is claimed under section 30, clause (i) -(a)the Collector shall compare the average prices during the ten years immediately preceding the [application] [Substituted for 'institution of the suit' by section 21 of the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934).] with the average prices during the ten years ending twenty years immediately before the [application] [Substituted for 'institution of the suit' by section 21 of the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934).];(b)if in the opinion of the Collector it is not practicable to take the decimal periods mentioned in clause (a), the Collector may, in his discretion, substitute any shorter periods therefor;(c)the average prices by which the Collector shall be guided shall be those published under the authority of the [State Government] [Substituted by the Adaptation Order of 1950.] and the Collector shall presume that the prices shown in the lists prepared for any year subsequent to the passing of this Act are correct and may presume that the prices shown in the lists prepared for any year prior to the passing of this Act are correct unless and until it is proved that they are incorrect;(d)the decennial period taken for the comparison of average prices shall be periods often years excluding all years which the State Government may notify to be, or to have been, famine years in respect of any local area;(e)the enhanced rent shall bear to the previous rent the same proportion as the average prices during the last decennial period bear to the average prices during the previous ten years taken for purposes of comparison:Provided that, in calculating this proportion, the average prices during the later period shall be reduced by one-half of their excess over the average prices during the earlier period.
