(1)Where an occupancy raiyat pays for a holding rent in kind, or on the estimated value of a portion of the crop, or at rates varying with the crop, or partly in one of those ways and partly in another, or partly in any of those ways and partly in cash, either the raiyat or his landlord may apply to have the rent commuted to a money-rent.(2)The application may be made to -(i)the Collector or Sub-divisional Officer, or(ii)a Revenue officer appointed by the State Government under the designation of Settlement Officer or Assistant Settlement Officer, for the purpose of making a survey and record-of-rights under Chapter XI, or(iii)any other officer specially authorised in this behalf by the Board of Revenue.(3)On the receipt of the application, the officer may determine the sum to be paid as money-rent, and may order that the raiyat shall, in lieu of paying his rent in kind or otherwise as aforesaid, pay the sum so determined.(4)In making the determination, the officer shall have regard to -(a)the average money-rent payable by occupancy-raiyats for land of a similar description and with similar advantages in the vicinity;(b)the average value of rent actually received by the landlord during the preceding ten years or during any shorter period for which evidence may be available;(c)the charges incurred by the landlord in respect of irrigation under the system of rent in kind, and the arrangements made on commutation for continuing those charges;(d)improvements effected by the landlord or by the occupancy raiyat in respect of the raiyat's holding; and(e)the rules laid down in Section 40 regarding enhancement of rent on the ground of a landlord's improvement.(5)The order shall be in writing and shall state the grounds on which it is made and the time from which it is to take effect.(6)If the application is opposed, the officer shall decide whether in all the circumstances of the case it is reasonable to grant it, and in cases in which-(i)the landlord is by physical or caste disability or on account of sex, unable to cultivate personally and is dependent for livelihood upon the share of the produce payable as rent, or(ii)the land has been assigned to a religious or charitable endowment and the share of the produce payable as rent is applied for the purpose of such endowment;he shall, and in other cases he may, take into consideration the effect of commutation on the income of the landlord.(7)If the officer refuses the application he shall record in writing his reasons for the refusal.(8)All orders passed under this section, including an order refusing an application, shall be subject to appeal in the prescribed manner and to the prescribed officer.
