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State of Gujarat - Section

Section 9 in The Bombay Tenancy and Agricultural Lands Act, 1948

9. Rate of rent payable by tenant to his landlord.

(1)Subject to the maximum and minimum limits of rent fixed under section 8, the Mamlatdar shall for each village, or group of villages or for any area in such village or group, within his jurisdiction, fix the rate of rent payable by a tenant for the lease of different classes of land situate in such village, or group of villages or areas, as the case may be:[[Provided that this sub-section shall not apply to rent payable in accordance with the provisions of sub-section (3) of section 8 where it is lower than the rent at the rate fixed by the Mamlatdar under this section.] [This proviso was added by Bombay 15 of 1957, section 5.]]
(2)In arriving at such rate the Mamlatdar shall have regard to the rents prevalent in the locality, the productivity of the lands, the prices of commodities and such other factors as may be prescribed.
(3)The rate of rent so fixed shall continue for a period of five years and shall be liable to be revised by the Mamlatdar thereafter at the end of each successive period of five years:Provided that the rate of rent so fixed, if not revised at the end of any such period, shall continue until it is so revised.
(4)The rent payable by a tenant to his landlord in respect of any land in a village or group of villages, or areas, shall be at the rate fixed under sub-section (1):Provided that the Mamlatdar or the Collector, subject to the provisions of section 8, may at any time during any such period of five years, on an application made to him in this behalf,-
(i)reduce the rent, if he is satisfied that on account of the deterioration of the land by flood, or other cause beyond the control of the tenant, the land has been wholly or partially rendered unfit for cultivation, or
(ii)enhance the rent, if he is satisfied that on account of any improvement made in the land, at the expense of the landlord, there has been an increase in the agricultural produce thereof.