Section 19 in The Orissa Survey and Settlement Act, 1958
19. Principles for fixing rent.
- [(1) The Government may prescribe the principles for fixing fair and equitable rent for any land used for agriculture having regard to-(a)the average price of crops, during the preceding ten years other than the years which the Government may notify to be or to have been either famine years or abnormal years in respect of any local area;(b)the crop or crops normally grown on such land;(c)the situation of the land and the nature of the soil; and(d)the maximum rent assessed on land of similar quality and productivity elsewhere in the State.]Explanation. - For the purpose of this sub-section -(a)agriculture includes raising of crops/grass or garden produce, horticulture or use of land as pasture or forest or for any other purpose ancillary to agriculture other than residential purpose;(b)the cultivable waste land of a tenant shall be deemed to be land used for agriculture; and(c)the crop or crops, which could have been grown in any land referred to in the preceding clause or in an land which is used for any purpose ancillary to agriculture shall be deemed to be the crop or crops normally grown on such land.(2)The Government may prescribe the principles for fixing fair and equitable rent for lands used for any purpose other than agriculture including all kinds of homestead lands in urban and rural areas of the State, having regard to-(a)the situation of the land;(b)purpose for which it is used;(c)communication and marketing facilities; and(d)market value of the land.(3)The rent so fixed shall be deemed to be the rent payable, for the land :Provided that Government may subject to such conditions as they may impose, direct remission or deduction of the fair and equitable rent so fixed in respect of any land which is owned by any religious or charitable institution of a public nature and is utilised for the promotion of education, health, culture, fine arts, sports or games for social welfare.(4)The provisions of this section shall have effect, notwithstanding anything contained in any law, custom or contract for the time being in force.
