35. Procedure on receipt of such application - (1) When any such application has been received, the Deputy Commissioner,-
(a)shall forthwith give notice of the contents thereof to the landlord; and(b)may, if he thinks fit, order a measurement of land; and(c)may, upon consideration of all the circumstances set forth in the application, and after hearing any objection advanced by landlord by order [fix a reduced rent for the holding] as to him may seem fair and reasonable:[Provided that-(i)if a reduction is claimed under clause (a) of Section 33-A, the entire enhancement shall be cancelled;(ii)if a reduction is claimed under clause (b) of Section 33-A, the reduced rent shall bear to the previous rent the same proportion as the current prices bear to the average prices during the decennial period immediately preceding the time when the rent was commuted;(iii)if a reduction is claimed under clause (c) of Section 33-A, the Deputy Commissioner may order partial or entire remission of the rent and shall fix a period during which the reduced rent shall be paid or during which the entire rent shall be remitted, and may at any time, before the expiration of the said period revise his order if he is satisfied that the soil of the holding has become fit for cultivation;(iv)if a reduction is claimed under clause (d) of Section 33-A, the Deputy Commissioner may at any time revise his order fixising a reduced rent if he is satisfied that the landlord has restored the arrangements in respect of irrigation which he is bound to maintain;(v)if a reduction is claimed under clause (e) of Section 33-A, the reduced rent shall bear to the previous rent the same proportion as the current prices bear to the prices prevailing,-(1)at the time when the previous rent first became payable, or(2)if the previous rent first became payable before the preparation of a record-of-rights under Chapter XII and landlord is unable to prove to the satisfaction of the Deputy Commissioner when the previous rent became payable at the time when a record-of-rights was first prepared in respect of the holding.][(2) An order of the Deputy Commissioner under sub-section (1) shall take effect from such date as may be specified in the order.](3)Nothing in this Section shall bear the right of the landlord to claim at any time an enhancement under Section 29 of the rent of such Raiyat.Bar to further Enhancement or Reduction of Rent
