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Madras Presidency - Section

Section 168 in Madras Estates Land Act, 1908

168. Settlement of rents.

(1)[If on or before the date fixed under sub-section (2-A) of section 166 in respect of any village or any area for which a record-of-rights is published where such area is less than a village or within such further period, if any, as the State Government may, [***] [ Substituted for 'If within two months from the date of final publication of the record of rights under sub-section (2) of section 166' by section 90(1)(i) of the Madras Estates Land (Amendment) act, 1934 (Madras Act VIII of 1934).] from time to time, think fit to allow] either the landholder or the ryots apply for a settlement of the rent, provided that in the case of ryots the application made by [holders of not less than one-eighth] [Substituted for the words 'holders of not less than one-fourth ' by section 90( 1)(ii) of the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934).] of the total extent of the [holding in such village or area] [Substituted for the words 'holding in the village' by section 90(l)(iii) of the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934).], the [Collector] [Substituted for the words 'Revenue Officer' by section 3(1) of the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934).] shall, if the State Government so direct, settle a fair and equitable rent in respect of the land [situated in such village or area] [Added by section 90(l)(iv) of the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934).].Explanation. - A landholder may apply for a settlement of rent notwithstanding that his estate or part thereof has been temporarily leased.[(1-A) Notwithstanding anything contained in sub-section (1), the State Government may, at any time, direct the Collector to settle a fair and equitable rent in respect of the land situated in any village or area for which a final record-of-rights has been published separately under section 166.] [Inserted by section 90(2) of the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934).]
(2)In settling rents under this section, the [Collector] [Substituted for the word 'Officer' by section 3(2) of the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934).] shall presume until the contrary is proved that the existing rent or rate of rent is fair and equitable and shall have regard to the provisions of this Act for determining the rates of rent payable by a ryot.
(3)The [Collector] [Substituted for the words 'Revenue Officer' by the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934).] may in any case under this section propose to the parties such rent or rate of rent as he considers fair and equitable; and the rent so proposed, if accepted orally or in writing by the parties, may be recorded as the fair and equitable rent and shall be deemed to have been duly settled under this Act.
(4)Where the parties agree among themselves, by compromise or otherwise, as to the amount of the rent, the [Collector] [Substituted for the words 'Revenue Officer' by the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934).] shall satisfy himself that the amount agreed upon is fair and equitable, and if so satisfied, but not otherwise, he shall record the amount so agreed upon as the fair and (2) of section 166" by section 90(l)(i) of the Madras Estates Land (Amendment) Act, 1934 (Madras Act VIII of 1934). equitable rent. If not so satisfied, he shall himself settle a fair and equitable rent as provided in subsections (2) and (3).