Section 33 in Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Rules, 1965
33. Procedure for determination of fair rent.
(1)In determining the fair rent for a land for the purpose of sub-clause (b) of clause (b) or clause (i) of sub-section (2) of section 8-D or clause (i) of sub-clause (3) of section 20 or sub-section (4) of section 21, the Tahsildar may call upon the inamdar or the occupant of the land to furnish the following particulars and such other particulars as he may consider necessary : -(a)The extent of land of each class, such as wet, dry, garden, tope, orchard and land used for non-agricultural purposes.(b)The rates or rent or lease amount, as the case may be, levied on each class of land immediately before the fasli year, in which the appointed day falls.(c)The particulars of cultivation with details of extent, crop yield and nature of occupation, as the case may be.(2)The Tahsildar may also call upon the inamdar to produce his accounts containing the particulars specified in sub-rule (1).(3)In the case of the lands referred to in paragraph (1) of the Schedule to the Act, the Tahsildar, for the purpose of determining the fair rent, ascertain the lease amount on a similar land similarly situated and possessing similar advantages, in the neighbourhood.(4)Subject to the provisions contained in paragraph 2 of the Schedule to the Act, the Tahsildar shall, for determining the normal gross produce in respect of any land for any specified crop, ascertain the quantity of the produce which would be obtained, if such crop were grown in a year in which the rainfall and the seasons were of a normal character, on a land of the same class, as the land in question, similarly situated and possessing similar advantages. For the purposes of such determination, the Tahsildar may take into consideration : -(a)The soil classification of the land and the normal or standard out turn of paddy in the case of wet land and of the dry or irrigated crop in the case of dry unirrigated or irrigated land for the different classes and sorts of soil;(b)The Government records containing the season and crop reports and rainfall accounts;(c)The accounts of the inamdars and occupants, wherever available, for similar lands enjoying similar advantages;(d)The oral or documentary evidence adduced by any of the interested parties and decrees of Civil Courts.(5)Before determining the fair rent in the case of lands referred to in paragraphs 1 and 2 of the Schedule to the Act, the Tahsildar shall issue notice in Form No. 24 to the service holder or occupant, and the institution concerned to make representations, if any, which they desire to be considered, in fixing the fair rent.(6)After considering the pre-presentations and with reference to other materials before him, the Tahsildar shall determine the fair rent in respect of the land concerned.(7)In commuting the fair rent in terms of cash, the Tahsildar shall fix the cash value of the crop in such manner as he may deem fair and reasonable, taking into consideration the Government records containing the season and crop and price reports and also consulting the Director of Statistics, if considered necessary:Provided that where the average market price of any crop has been published by the Collector of the district in the District Gazette under sub-section (1) of section 12 of the Tamil Nadu Cultivating Tenants (Payment of Fair Rent) Act, 1956 (Tamil Nadu Act XXIV of 1956) and such price is in force on the appointed day, the authorised officer shall adopt such price in computing the fair rent in terms of cash:Provided further that if the accounts of the fasli year commencing on the appointed day are not available, the Tahsildar shall take into account the yield of the crops in a normal year as the normal Gross produce and apply thereto the approved price of the relevant crop for determining the fair rent.
