39A. [ Remission of rent by application. [Inserted by Madras Estates Land (Amendment) Act, 1936 (Madras Act VI of 1936).]
(1)Notwithstanding anything contained in this Act, where the rent of any land has been enhanced under section 30 or commuted under section 40 or has been settled under Chapter XI, a ryot may present an application before the Collector for the remission of the rent payable by him during any particular revenue year on the ground that the average local prices of staple food-crops in the taluk or zamindari division during the twelve months ending with the 31st March of that revenue year were lower by not less than 183/4 per cent than the average prices on which rent in regard to such land was partly or wholly based:Provided that, where after a commutation under section 40 or a settlement of rents under Chapter XI, the rent of the lands has been enhanced or reduced under [the provisions of clause (i), (ii) or (iv) of section 30 or of section 38,] regard shall be had to the prices on which such enhancement or reduction has been wholly or partly based.(2)The rent after remission shall bear to the rent lawfully payable for the time being, the same proportion as the average prices during the twelve months ending with the 31st March of the revenue year, in respect of which such remission of rent is claimed, bear to the average prices, on the basis of which the rent has been previously fixed:Provided that the rent after remission shall not be less than the rent payable by the ryot before the enhancement made under section 30.(3)No application under sub-section (1) shall be maintainable unless sixty days' notice in writing has previously been sent to the landholder by registered post on or before the 30th day of April of the revenue year in respect of which remission of rent is claimed specifying -(a)the names and addresses of the applicants;(b)the extent and description of the holding or holdings in respect of which remission is claimed, if such application does not relate to an entire village;(c)the cause of action for the relief claimed; and(d)the relief claimed.(4)The application shall be made before the 1st day of September of the revenue year following that in respect of which the remission of rent is claimed and shall not be liable to be dismissed on the mere ground that such rent had been previously or subsequently paid or realized.(5)The pendency of an application under sub-section (1) or of an appeal under sub-section (7) shall not by itself debar a landholder from recovering the rent lawfully payable for the time being from the ryot, but the Collector may stay proceedings for the recovery of such portion of such rent on such terms as he may deem fit. In doing so, the Collector may direct the payment of the remaining portion of the rent to the landholder or his authorized agent in the presence of the Collector or any officer authorized by him and within such time as the Collector may fix.(6)On the making of an application under sub-section (1), the Collector shall, after enquiry in accordance with the rules made under this Act, determine the amount of the remission to be granted to the ryot.(7)The order of the Collector under this section shall be final subject to the result of an appeal to the District Collector to be preferred within thirty days of the date of the Collector's order and shall not be questioned in any Civil Court.(8)If, within thirty days from the date of the original order or from the date of the order passed on appeal by the District Collector, as the case may be, granting remission, the landholder fails either to refund to the applicant or applicants or to adjust towards any rent due in respect of the holding or holdings covered by the application from the applicant or applicants, the whole or any portion of the rent remitted, the applicant or applicants concerned may apply to the Collector for the recovery of the amount or balance due together with interest six per cent per annum from the date of the order granting remission. On such application, the Collector may, after satisfying himself that the amount or balance is still due, proceed to recover the same as an arrear of land revenue.(9)The District Collector shall, in the month of April of every year, publish in the District Gazette and at each taluk office, lists of average market prices of staple food-crops in each taluk for the twelve complete months preceding such publication and such lists shall, in any enquiry under this section, be conclusive evidence of the prices of such crops in such locality at such time:Provided that a reasonable deduction may be made for the cost of carting the crops to the market.]Commutation of Rent
