Section 35 in Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Rules, 1965
35. Procedure for determining fair rent.
(1)In determining fair rent for the purpose of sub-section (9) of section 33, the manager of the inam estate or, if the manager is below the rank of a Tahsildar, the Tahsildar of the taluk in which the inam estate is situated, may call upon the landholder or the occupant to furnish the following particulars and such other particulars, as he may consider necessary:-(a)Extent of lands of each class such as wet, dry, garden, topes, orchards and those used for non-agricultural purposes;(b)Rates of rent or lease amount, as the case may be, levied on each class of land, immediately before the fasli year, in which the inam estate is notified;(c)Particulars of cultivation with details of extent, crop-yield and nature of occupation, as the case may be.(2)The Manager or the Tahsildar, as the case may be, may also call upon the landholder to produce his accounts containing the particulars specified in sub-rule (1).(3)In the case of lands referred to in paragraph 1 of Schedule II to the Act, the Manager or the Tahsildar, as the case may be, shall, for the purpose of determining fair rent, ascertain the lease amount for a similar land, similarly situated and possessing similar advantages in the neighbourhood.(4)Subject to the provisions contained in paragraph 2 of Schedule II to the Act, the Manager or the Tahsildar, as the case may be, shall, for determining the normal gross produce in respect of any land for any specified crop, ascertain the quantity of the produce which would be obtained, if such crop were grown in a year, in which the rainfall and the seasons were of a normal character, on a land of the same class, as the land in question, similarly situated and possessing similar advantages. For the purposes of such determination, the Manager or the Tahsildar, as the case may be, may take into consideration-(a)the soil classification of the land and the normal or standard out turn of paddy in the case of wet land and of the dry or irrigated crop in the case of dry unirrigated or irrigated land for the different classes and sorts of soil;(b)the Government records containing the season and crop reports and rainfall accounts;(c)the accounts of the landholders and occupants, wherever available, for similar lands enjoying similar advantages; and(d)the oral or documentary evidence adduced by any of the interested parties and decrees of Civil Courts.(5)Before determining the fair rent in the case of lands referred to in paragraphs 1 and 2 of Schedule II to the Act, the Manager or the Tahsildar, as the case may be, shall issue notice in Form No. 13 to the service-holder or occupant, and the landholder concerned to make representations, if any, which they desire to be considered in fixing the fair rent.(6)After considering the representations and with reference to other material before him, the Manager or the Tahsildar, as the case may be, shall determine the fair rent in respect of the land concerned.(7)In computing the fair rent in terms of cash, the Manager or the Tahsildar as the case may be, shall fix the cash value of the crop in such manner as he may deem fair and reasonable taking into consideration the Government records containing the season and crop and price reports and also consulting the Director of Statistics, if considered necessary:Provided that where the average market price of any crop has been published by the Collector of the district in the District Gazette under sub-section (1) of section 12 of the Tamil Nadu Cultivating Tenants (Payment of Fair Rent) Act, 1956 (Tamil Nadu Act XXIV of 1956) and such price is in force on the notified date, the Manager or the Tahsildar, as the case may be, shall adopt such price in computing the fair rent in terms of cash,(8)(a)A person aggrieved by any of the orders of the Manager or the Tahsildar, as the case may be, may prefer a revision petition to the District Collector in whose jurisdiction the inam estate is situated.(b)Any such petition shall be preferred within thirty days from the date of communication of the order of the Manager or the Tahsildar, as the case may be:Provided that the District Collector may admit a petition after the period aforesaid, if he is satisfied that the petitioner had sufficient cause for not preferring the petition within the said period.
