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State of Uttar Pradesh - Section

Section 4 in The United Provinces Agricultural Tenants (Acquisition of Privileges) Act, 1949

4. Determination of rent payable.

- [*] [ The existing Section 4 was renumbered as sub-section (1) and a new clause (c) and sub-section (2) was added by Section 4 of U.P. Act VIII of 1950](1) For the purposes of this Act the amount of annual rent payable for any land shall be deemed to be -(a)where the applicant or his predecessor-in-interest was the tenant of the land in the Fasli year 1355, the rent payable for that year provided that, if the rent has been subsequently enhanced or abated under or in pursuance of a decree or order of a court the rent so enhanced or abated;(b)where he or his predecessor-in-interest was not a tenant of the land in the Fasli year 1355 but has been admitted to it by the land-holder on or after the first day of July, 1948, the rent agreed upon between him and the land-holder or the rent determined at hereditary rates applicable at the said date, whichever is highler;(c)where land is held but the rent has not been agreed or otherwise fixed the rent determined at hereditary rates applicable at the date aforesaid;(d)where rent is payable-in-kind, or based on an estimate or appraisement of the standing crop, or on rates varying with the crop sown or partly in one of such ways and partly in another or other such ways, the rent commuted in accordance with the law for the time being in force;(e)[ where rent payable varies with the area or according to the custom of Balpanchat the rent equal to an amount which shall be average of the annual rent paid during the last ten years preceding the commencement of this Act.] [ Added by Section 3 of U.P. Act VII of 1950]
(2)[ Where the rent payable, or deemed to be payable, by a tenant is more than double the amount computed at hereditary rates applicable, the rent payable shall, for the purposes of sub-section (1) be such amount not exceeding double the amount aforesaid as the Assistant Collector may, determine to be just and proper].